Misdemeaner question

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jhat

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No problem Sting. You probably were thinking of the statutes as they relate to firearms in bars. That is a felony!

Section 1272.1 - Carrying Firearms Where Liquor Is Consumed
Cite as: O.S. §, __ __


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A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. This provision shall not apply to a peace officer, as defined in Section 99 of this title, or to private investigators with a firearms authorization when acting in the scope and course of employment, and shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. Provided however, a person possessing a valid concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title may carry the concealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.

Provided further, nothing in this section shall be interpreted to authorize any peace officer in actual physical possession of a weapon to consume low-point beer or alcoholic beverages, except in the authorized line of duty as an undercover officer.

Nothing in this section shall be interpreted to authorize any private investigator with a firearms authorization in actual physical possession of a weapon to consume low-point beer or alcoholic beverages in any establishment where low-point beer or alcoholic beverages are consumed.

B. Any person violating the provisions of this section shall be punished as provided in Section 1272.2 of this title.

Section 1272.2 - Title 21. Crimes and Punishments
Cite as: O.S. §, __ __


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Any person who intentionally or knowingly carries on his or her person any weapon in violation of Section 1272.1 of this title, shall, upon conviction, be guilty of a felony punishable by a fine not to exceed One Thousand Dollars ($1,000.00), or imprisonment in the State Penitentiary for a period not to exceed two (2) years, or both such fine and imprisonment.

Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-defense Act, Sections 1290.1 through 1290.26 of this title, shall have the license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person is in violation of Section 1272.1 of this title.
 
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One beer has never killed anyone and yes honestly I only had 1 beer. I passed about 4 different sobriety tests, I was most definatly not under the influence.

And for those of you commenting on the illegal carry, I'm not going to lose my life or one of a close family member over an unconstitutional law....

Odd. I had not heard that law was held unconstitutional.
 

shooterdave

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Someone mentioned earlier that a suspended sentence drops off your record. That is not so. A suspended sentence is a conviction. What you are looking for if you hire an Atty. Is a deferreence. A deferred sentence is basically set aside for a period of time pending the completion of certain criteria. That may be as simple as not getting into any more trouble. After a period of time, if you meet the criteria, the charge is thrown out. Hence, no record because there was never a conviction... Food for thought.
 

Rabbitcreekok

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I am not an attorney, but I recently spent the night in a Holiday Inn Express. And I assume that no one else commenting is an attorney.

That said, if you just go and pay your fine, you will be pleading guilty to whatever they have you charged with and will have to suffer the consequences of that plea. As you can tell, nobody here really knows how that might affect your ability to carry concealed, since nobody really knows what the charges are.

If you want to protect your rights, you need to consult with an attorney. Yes, it will cost you, but that is the price you pay for the error of your ways. An attorney might get the charges down to a couple of traffic violations that mean nothing, because of the good ole boy network.

Just sayin, cover your rear.
 

rebelracer79

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This issue has been resolved.

Small towns are great. The Chief of Police sympathized with me since I'm trying to get my CCL, he talked to the DA, and they dropped the open container ticket and the transporting a loaded firearm. So I paid the stop sign ticket, got my guns back and life is good.

I suppose alot of it had to do with My being a good kid and for the most part staying out of trouble. (this was my first ticket in 3 years)
 

reddog1

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This issue has been resolved.

Small towns are great. The Chief of Police sympathized with me since I'm trying to get my CCL, he talked to the DA, and they dropped the open container ticket and the transporting a loaded firearm. So I paid the stop sign ticket, got my guns back and life is good.

I suppose alot of it had to do with My being a good kid and for the most part staying out of trouble. (this was my first ticket in 3 years)

Good for you Kyle... and let that be a failry cheap lesson! Use the rubberband trick I told ya about... and drink at home! NEVER drive EVER
It's just eaiser that way!

Congrats Dude!!
Now come buy another gun! hhahahaha!
 

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