Stand your ground law

[GoArmy]

I just love the name of the law... "Stand your ground law"

 

[Swampfoxrebel]

Can someone clarify this for me?

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?

B

Consideration is given for vehicles without trunks. The idea is that the driver can't access the firearm should they get frustrated on the road. If I were in your situation, I would keep your ammunition in the glove box (preferably OUT of a mag) and your firearms in the furthest back corner of the vehicle from you. In a locked box is even better.

If you were to get pulled over, you could easily justify yourself to an officer saying that you made the best attempt to separate yourself from the firearm. No reasonable officer would push that isssue.

 

[Wyatt]

Use common sense. Have a good SDA attorney in your phone...

 

[redneck1861]

Consideration is given for vehicles without trunks. The idea is that the driver can't access the firearm should they get frustrated on the road. If I were in your situation, I would keep your ammunition in the glove box (preferably OUT of a mag) and your firearms in the furthest back corner of the vehicle from you. In a locked box is even better.

If you were to get pulled over, you could easily justify yourself to an officer saying that you made the best attempt to separate yourself from the firearm. No reasonable officer would push that isssue.

I am working on becoming a police officer, and most of my friends are currently officers, and what you should do to legally transport a unloaded gun with out a ccw, is to put it in the original manufactor box and leave itt in plain sight, so if you get pulled over the officer will be able to see it

 

[ripnbst]

^Yes, SUV or any vehicle really trunk or not. Put unloaded firearm in trunk and ammo in glove compartment or passenger footwell (or vice versa) and you are fine. The way I see it is pretty much as long as you put yourself in a situation where loading the firearm would be difficult to do quickly you are fine. Putting unloaded firearm in the passenger seat-back pocket and loaded mags on passenger seat wouldn't cut it because you could easily reach over and grab both and load the firearm.

 

[XDTACTICAL]

what is castle doctrine?

 

[av8r115]

I'd like to see the law prohibiting carry on a buss.

I believe the SDA makes it illegal to carry on the bus because the owner, the OKC Metro, has posted a sign banning guns on the bus. But if push came to shove and you did use your CCW to defend yourself on a bus, you'd still be alive.

 

[av8r115]

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?

I'm not an expert, but the instructor at the H&H SDA class was adamant that a non-CCL person can NOT have loaded magazines in the car, no matter how far away they are from the firearm.

 

[Rod Snell]

I'm not an expert, but the instructor at the H&H SDA class was adamant that a non-CCL person can NOT have loaded magazines in the car, no matter how far away they are from the firearm.

This is complete nonsense.
IN your vehicle, without a carry license, the handgun must be OPEN (defined in the SDA) and unloaded. Period.
It cannot be concealed, like under the seat, whether loaded or not.
It is legal in OK to rubberband a loaded magazine to an EMPTY pistol and toss it open on the passengers seat beside you.

TITLE 21 § 1289.7 FIREARMS IN VEHICLES
Any person, except a convicted felon, may transport in a motor vehicle a rifle, shotgun or pistol, open and unloaded, at any time. For purposes of this section “open” means the firearm is transported in plain view, in a case designed for carrying firearms, which case is wholly or partially visible, in a gun rack mounted in the vehicle, in an exterior locked compartment or a trunk of a vehicle.
Any person, except a convicted felon, may transport in a motor vehicle a rifle or shotgun concealed behind a seat of the vehicle or within the interior of the vehicle provided the rifle or shotgun is not clip, magazine or chamber loaded. The authority to transport a clip or magazine loaded rifle or shotgun shall be pursuant to Section 1289.13 of this title.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf

 

[av8r115]

This is complete nonsense.
IN your vehicle, without a carry license, the handgun must be OPEN (defined in the SDA) and unloaded. Period.
It cannot be concealed, like under the seat, whether loaded or not.
It is legal in OK to rubberband a loaded magazine to an EMPTY pistol and toss it open on the passengers seat beside you.

I lean toward your interpretation. It was sometimes hard to separate the instructor's opinion from the actual law.

I don't see anything in the statute about the magazine except where it pertains to the rifles and shotguns. Again, I'm not a lawyer or LEO, but it looks like the only requirement is the gun be out in the open and no magazine inserted. That also seems to mean a revolver would have to be empty.

Another question would be that since I have a CCL, if I take the magazine out of my Glock can I then transport the Glock openly on the seat of my truck?