Vehicle carry without SDA permit

[Pearnicious]

So I just found this forum a couple of days ago and did some reading of older posts. Found lots of good information but I was still curious about a few specifics of carrying a handgun in a vehicle. Specifically the legality of doing so without an SDA permit.

O.S. § 21-1289.7 says that anyone who is not a felon can transport a handgun "open and unloaded" at any time. It defines "open" as "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."

My question is what exactly qualifies as a case? Obviously a foam lined plastic case would work, but would a holster also qualify as long as the holster is in plain sight? Specifically, would a vehicle holster mounted under the steering column qualify as a case that is "wholly or partially visible"? I was looking at the vehicle holster from Gum Creek that has been mentioned a few times around this forum and was wondering if the standard version would be legal to use without an SDA permit.

Obviously the pistol would still need to be unloaded, but I would much rather have it and the magazines secured in a holster instead of laying on the seat and getting dumped on the floor if I had to stop quickly.

 

[nofearfactor]

When I first moved here and didnt have my OK permit yet I carried mine either in a zipper bag, my range bag, or just in the holster and always unloaded but since it was in a truck or SUV I made sure I kept it out in plain view when driving. I would think mounting it under a dash even in a holster would be close to concealing. No idea.

 

[Old rookie]

Welcome to the forum! There are lots of very well qualified folks that will likely answer this, many are LEOs, I think, or ex-LEOs.....I think I'd interpret an under dash holster as an attempt to conceal, and if the ammo was with it, that could become felony possession. Might really ruin your day, and any future possibilities of legal carry.
But, that is just my opinion, I'm not a LEO or atty, just an old guy who prefers not poking a bear needlessly.

 

[JD8]

I'm just not trusting of a LEO's knowledge of the law to skirt around a grey area like this. Why not just get your you CC and be done with it?

 

[Rod Snell]

FREE ADVICE, worth every penny. The SDA is written in pretty good English, which some state's aren't. I got questions like this fairly often when doing SDA classes, and discussed it with several lawyers and senior LEO. I am neither.
If someone walks up to your vehicle window, and can readily see your unloaded gun, would you consider that "in plain view?" Most people say yes.
If your gun is stuck down in the seat, or under the dash, or under the seat where you pretty much have to take the person out of the car and bend down to see it, would you consider that "in plain view?" Most people say no.
Do you agree the legislative intent is that the officer should not have to search for a gun that is supposed to be "in plain view?"

The SDA says "case", not "holster" , right? So holster is not a substitute for "in plain sight."

 

[travisstorma]

Welcome to the forum! There are lots of very well qualified folks that will likely answer this, many are LEOs, I think, or ex-LEOs.....I think I'd interpret an under dash holster as an attempt to conceal, and if the ammo was with it, that could become felony possession. Might really ruin your day, and any future possibilities of legal carry.
But, that is just my opinion, I'm not a LEO or atty, just an old guy who prefers not poking a bear needlessly.

Spoke to a police officer friend of mine who pointed me to this or unlicensed vehicle carry. Wouldn't be a felony. http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440211

 

[Old rookie]

Spoke to a police officer friend of mine who pointed me to this or unlicensed vehicle carry. Wouldn't be a felony. http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440211

Thank you for the citation reference and information. Excellent!

 

[CorpsVet]

It really comes down to the LEO's opinion, if he doesn't bust you, you are good to go, until another LEO busts you. If he does,it then becomes the prosecutors opinion, if he doesn't charge you, you are good to go until a subsequent prosecutor decides to charge you. If charged, it's the Judge's decision, etc.

As you go from jurisdiction to jurisdiction, opinions will differ. In the end you may walk, but it may take a lot of time and money to get there.

Until you get a license to carry, just use a case and keep the ammo away from it

 

[Pearnicious]

For the record I do plan on getting my CC permit but was curious if this was still a legal way to transport the pistol in my vehicle until then. Sounds like what I expected, that it's up to interpretation of the individual LEO. I feel like a holster should fit the description of a "case designed for carrying firearms" because, well, it's literally designed to carry a firearm. But putting it under the steering column might be a bit iffy. Guess I'll just keep it in plain sight and unloaded on the passenger seat until I get a CC permit.

Thanks for the replies.

 

[hrdware]

For the record I do plan on getting my CC permit but was curious if this was still a legal way to transport the pistol in my vehicle until then. Sounds like what I expected, that it's up to interpretation of the individual LEO. I feel like a holster should fit the description of a "case designed for carrying firearms" because, well, it's literally designed to carry a firearm. But putting it under the steering column might be a bit iffy. Guess I'll just keep it in plain sight and unloaded on the passenger seat until I get a CC permit.

Thanks for the replies.

Just remember that carrying an unloaded firearm around open in your car does not meet one of the definitions of when it is OK to carry a firearm.
Title 21 Section 1289.6
A. A person shall be permitted to carry loaded and unloaded shotguns, rifles and pistols, open and not concealed and without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions:

1. When hunting animals or fowl;
2. During competition in or practicing in a safety or hunter safety class, target shooting, skeet, trap or other recognized sporting events;
3. During participation in or in preparation for a military function of the state military forces to be defined as the Oklahoma Army or Air National Guard, Federal Military Reserve and active military forces. It is further provided that Oklahoma Army or Air National Guard personnel with proper authorization and performing a military function may carry loaded or unloaded and concealed weapons on Oklahoma Military Department facilities in accordance with rules promulgated by the Adjutant General;
4. During participation in or in preparation for a recognized police function of either a municipal, county or state government as functioning police officials;
5. During a practice for or a performance for entertainment purposes;
6. For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person; or
7. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership and control of firearms.
B. A person shall be permitted to carry unloaded shotguns, rifles and pistols, open and not concealed and without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions:
1. When going to or from the person's private residence or vehicle or a vehicle in which the person is riding as a passenger to a place designated or authorized for firearms repairs or reconditioning, or for firearms trade, sale, or barter, or gunsmith, or hunting animals or fowl, or hunter safety course, or target shooting, or skeet or trap shooting or any recognized firearms activity or event and while in such places; or
2. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971.
http://www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST21&level=1

"Just because" and "Self defense" are not valid reasons according to the law. So if you do carry open and unloaded all the time, just remember if an officer asks, you are always headed to the range or to a friends house who is interested in your firearm.

It would be interesting to see how A6 would play out in court since your car is property you own and you are in that property. When that bit was added a couple years ago, nothing was mentioned about car carry, it was meant to allow you to carry on land/in your house.