Interesting run-in with Tulsa Cty Sheriff's officer--need input

[dutchwrangler]

The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state.

<snip>

... Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a concealed handgun license in this state immediately upon establishing a residence in this state.

In reading this I'll assume that "person" is exactly what it says with no qualification as to residency in Oklahoma. "May apply" I assume means that a new resident, if they desire, can apply for an OK CCW upon becoming an official resident or they may continue to carry using the CCW from the state that it was issued even if they become an OK resident.

 

[HMFIC]

In reading this I'll assume that "person" is exactly what it says with no qualification as to residency in Oklahoma. "May apply" I assume means that a new resident, if they desire, can apply for an OK CCW upon becoming an official resident or they may continue to carry using the CCW from the state that it was issued even if they become an OK resident.

That's why I'd like an opinion from the AG. I'd hate for this to be mis-interpreted such as what might have happened in the OP's case?

Oh well... I'm going back to coloring. I just learned to stay within the lines.

 

[henschman]

If a cop arrests me for carrying with my non-resident permit, I will sue for false imprisonment. If anyone on here is arrested for such a thing (and nothing else), get in touch with me and I will sue the state/municipality for you for a small contingency fee. I am not a criminal defense attorney so don't call me about the actual criminal charge, but once you get the charges dropped or dismissed, give me a call and we will make the bastards pay. Oklahoma law is very clear that all out of state concealed carry permits are recognized.

The main legal issue you have to watch out for with an out of state permit is the Federal Gun Free School Zones Act. It would probably be stricken down as unconstitutional if it ever made it back to the Supreme Court (it was stricken down back in '95 and they only made minor changes to it that used language from a rationale that was rejected by the SC in the original case), but it makes it a felonly to knowingly possess a gun in a school zone unless it is unloaded and locked, or if you have a concealed carry license from your state of residence. There is no exception for non-resident carriers. You probably don't have anything to worry about unless you get pulled over by a Fed for some crazy reason, but it is definitely something to be aware of.

 

[Michael Brown]

In this case, the deputy is incorrect.

Look at the officer's shirt, note his/her name and call the non-emergency number for that jurisdiction and ask to speak to a supervisor. If you don't get a response that you find satisfactory, file an official, written complaint. Officers need to know the law if they intend to enforce it.

Pretty simple.

Don't argue; simply point out what you believe the law to be and leave it at that.

If you are arrested, don't argue. Simply decline to say anything else until you speak with your attorney and seek relief in civil court.

It has been my experience that in Tulsa if an officer makes a false or mistaken arrest, the city attorney has a pre-determined amount for each day of improper confinement. The amount seems very fair to me, so much so that I won't argue if they mistake me for a "wanted" Michael Brown. LOL. I cannot speak for other jurisdictions.

Michael Brown