Questions

[blutch]

I posted these questions as a part of a sticky in the 2nd Amendment forum and no one replied, so I thought I would start a thread here.
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Quote: Originally Posted by nofearfactor View Post
But,if you are not a CCW permit holder and you are transporting a firearm legally,say in the trunk unloaded and locked away,and you get in some trouble with somebody while on the way home from the range or something, can you retrieve your gun from the trunk and protect yourself and your property-meaning your vehicle-wherever you are even though you dont have a CCW?
Can someone clarify this for me? unquote:

My questions:

My vehicle does not have a trunk. It is a small SUV. I do not yet have my CCW although my application is submitted. I often carry my unloaded pistol and two loaded mags in a case on the floor. From the sound of this i am transporting it illegally. Can someone verify this for me, preferably pointing me towards the correct and current law? Would it be legal if the case was locked?

Also, do we still have SYG (stand your ground) now or has it been replaced by Castle Doctrine? If so, anyone have that law?

Thanks

B

 

[Talacker]

Weapon unloaded in the open or cased is A-OK legal in OK.

 

[zseese]

I generally hear that a three step process is required to be considered legal and not get you hassled by the law. for instance,
step 1 - load magazine
step 2 - put in loaded magazine
step 3 - rack slide
so keep ammo out of magazine, and magazine out of gun, and you should be ok

 

[blutch]

Hmmmmmmm. Magazines are loaded. What good are they unloaded?

Not in the gun, but it could be very quickly. Isn't that the point?

Perhaps I'm not legal then.
B

 

[zseese]

Hmmmmmmm. Magazines are loaded. What good are they unloaded?

Not in the gun, but it could be very quickly. Isn't that the point?

Perhaps I'm not legal then.
B

like i said, they are just guidelines that were given to me by some city and federal LEO's. since no magazines are in the gun and no rounds are in the chamber then it is not considered loaded, but officers that i speak to like it better if its out of reach and in the aforementioned three parts...basically i think it would save you some hassle, and if i am not mistaken, the point you are trying to make with the ability to load the gun quickly is for self defense. if you dont have the ccw then you would be illegally brandishing and discharging a weapon unless you are defending yourself IN your home...someone correct me if i am wrong

 

[merrise]

OK. I have read allof this. I have an Avalanche. I assume it would be OK to have loaded magazine in one locked storage compartment in truck bed and unloaded gun in the other locked compartment. Is that correct?

 

[NikatKimber]

You might look through this thread:

http://www.okshooters.com/forums/archive/index.php/t-5684.html

I have never heard the "three step" rule. Ever.

My understanding of the law is that without a CHL (concealed handgun license) any firearm in a vehicle may not be loaded, and must be carried "open." Meaning that there cannot be a round in the chamber, or a loaded magazine or clip in the gun. "Open," being that the gun cannot be hidden from view, unless in a container designed for a gun, or in a lockable trunk or compartment. The law does not to my knowledge state that a loaded magazine or clip may not be in the car, just that it cannot be loaded in the gun. So my understanding is that unloaded gun open or in locked compartment, with magazine removed from gun, is good to go. Personally before my CHL I car-carried my gun open, with a couple loaded magazines in the glovebox or center console if there was one.

Disclaimer, this advice applies ONLY in Oklahoma, as laws vary from state to state.

 

[merrise]

Very helpful reply and thanks for the helpful link to the previous string.