What exactly does .45 caliber mean?

[R. Johnson]

According to Title 21 § 1290.6 you are not allowed to carry a concealed or unconcealed weapon that fires ammunition larger than ".45 caliber." But what does that mean? According to the Horniday Handbook of Cartridge Reloading the .45 ACP is actually .451", and the .45 LC is .452", so is carrying a weapon in those calibers in violation of the law? Or are they legal because the official name of these cartridges .45? Then what about .454 Casull? It is .452" same as .45 LC, is it legal? Or by virtue of its name is it against the law to carry?

Now I know the intent isn't to outlaw .45 ACP based on 1/1000th of an inch. However, a friend who will soon be getting his carry permit asked me what the carry restrictions were, and when I told him no larger than .45 he asked if that meant .454 Casull was out the window. I can't imagine why he'd want to carry a .454, but whatever.

 

[dennishoddy]

In very general terms, the .454 Casull uses .451" jacketed bullets and .452" cast boolits. So, your good to go.

 

[MrShooter]

Looks like S&W 460 is good to go too

 

[hrdware]

Oklahoma Attorney General Opinion as of 10/01/2012

II.

Ammunition Larger Than .45 Caliber Prohibited

¶8 Your second question is whether Section 1290.6 of Title 21 of the laws of Oklahoma prohibits carrying concealed handguns loaded with ammunition with a bullet measuring up to .459 inches in diameter. Section 1290.6 provides in pertinent part:

Any concealed handgun when carried in a manner authorized by the provisions of the Oklahoma Self-Defense Act, [21 O.S. §§ 1290.1 to 1290.26], when loaded with any ammunition which . . . is larger than .45 caliber . . . shall be deemed a prohibited weapon for purposes of the Oklahoma Self-Defense Act.

Id. (emphasis added).

¶9 Section 1290.6 of Title 21 provides that an individual is prohibited from carrying a concealed handgun when it is loaded with ammunition "larger than .45 caliber." Caliber is defined as "the diameter of the projectile fired from such a weapon." Webster's Third New International Dictionary 316 (3rd ed. 1993). The diameter of a bullet or projectile when determining caliber is measured in inches. See Frank C. Barnes, Cartridges of the World 7 (Layne Simpson ed., Frank C. Barnes & Krause Pub., Inc. 2009) (1965).

¶10 "Generally, statutes are to be interpreted in accordance with the plain, ordinary meaning according to the import of the language used." Hubbard v. Kaiser-Francis Oil Co., 256 P.3d 69, 72 (Okla. 2011). "[W]ords in a statute are given their plain and ordinary meaning (just as with constitutional provisions), except when a contrary intention plainly appears and the words of a statute should generally be assumed to be used by the law-making body as having the same meaning as that attributed in ordinary and usual parlance." Fent v. Okla. Capitol Imp. Auth., 984 P.2d 200, 213 (Okla. 1999) (citations omitted).

In construing a statute, words in common use are to be given their plain, ordinary and commonly understood meaning in the absence of any statutory or well established technical meaning, unless it is clear from the statute that a different meaning was intended, or unless such construction would defeat the manifest intent of the Legislature.

Bd. of Tr. of Firemen's Relief & Pension Fund v. Templeton, 86 P.2d 1000, 1000-01 (syllabus ¶ 2) (Okla. 1939).

¶11 The meaning of the term ".45 caliber" as a term for the measurement of ammunition as commonly and ordinarily used and understood is any ammunition with a projectile having a diameter that measures .450 inches or above but less than .460 inches. See Cartridges of The World, 553-54; see also Speer Bullets 2012 Catalog, 19. Generally, .45 caliber falls within the range of .450 to .459 inches in diameter. Id. For example, the ammunition for the 45 Colt and the 45 Colt ACT, or automatic colt pistol, is listed by experts and ammunition manufacturers as having a bullet measuring in a range from .451 to .454 inches in diameter. Id.

¶12 Additional support for this common and ordinary meaning of ".45 caliber" as used in Section 1290.6 of Title 21 is that the Oklahoma Legislature announced its intent in Section 1290.25 of the Oklahoma Self-Defense Act, 21 O.S.2011, §§ 1290.1 - 1290.26, that the Act is to "be liberally construed to carry out the constitutional right to bear arms for self-defense and self-protection." 21 O.S.2011 § 1290.25. This means the Oklahoma Self-Defense Act must be given a construction that would provide the least restrictions on those carrying and possessing firearms. Section 1290.6 of Title 21 is part of the Oklahoma Self-Defense Act. Therefore, the meaning of ".45 caliber" as used in Section 1290.6 of Title 21 should be construed liberally to include concealed carry of handguns loaded with ammunition with bullets measuring up to .459 inches in diameter, rather than a restrictive reading of exactly .45 and no greater.

¶13 It follows from the above that Section 1290.6 of Title 21 of the laws of Oklahoma permits carrying a concealed handgun loaded with ammunition with a bullet diameter of up to .459 inches.

¶14 It is, therefore, the official Opinion of the Attorney General that:

1. Individuals who have been issued a concealed handgun license under the provisions of the Oklahoma Self Defense Act are authorized to carry a loaded or unloaded concealed weapon in accordance with the Act's provisions. 21 O.S.2011, § 1290.5(A).

2. The prohibitions of 21 O.S.2011, § 1272.1 against possessing and carrying firearms and other weapons in establishments where alcoholic beverages or low-point beer are consumed do not apply to the owners or proprietors of such establishments. Accordingly, an owner or proprietor of an establishment where alcoholic beverages or low-point beer is consumed, who has been issued a concealed handgun license, may carry a concealed handgun on the establishment's premises.5

3. Section 1290.2 of Title 21 of the laws of Oklahoma prohibits individuals from carrying a concealed handgun loaded with ammunition larger than .45 caliber. Id. Handguns loaded with ammunition with a bullet diameter equal to or less than .459 inches in diameter are not prohibited by Section 1290.2, but bullets measuring greater than .459 inches in diameter are prohibited. Id.

Link to reference
The reference answers 2 questions, the second question deals with caliber.

 

[120 Acres]

Now where's that Jr B. when you need him?

 

[Okie4570]

AG agrees that 45-70, .450 Marlin, .458 WM, and .458 Lott with short barrels are legal for CC.............nice!!

 

[R. Johnson]

I appreciate the responses and source, I passed the info along.

 

[ConstitutionCowboy]

The way I see it, the law only carries the caliber to two digits. A caliber would have to measure .46 or larger to be prohibited. There is no rounding up or down mentioned in the law, either. That said, again, the law only carries the caliber to two digits.

Woody

 

[Busa Guy]

I have a .454 snubby. Not sure that I would ever want to carry it, but it is nice to know that I could.