What is the fine for carrying concealed weapon?

[CHenry]

Well the cop retrieved the gun (got in the car without a warrant but maybe that's plenty of probable cause) and told him its a felony to be in possession of loaded gun while drunk (they had already established he had been drinking heavey). My buddy lied and said his father in law was a gunsmith (that parts true)and he was giving it to him to work on (that was a lie) and his FIL then said "yes that's right". So the PHP said well its still loaded and your drunk. Apparently this Leo was being pretty aggressive to the poi t when he first arrived, (the sheriff was already there) he got in his face with the questions and was bumping the bill of his cover on his forehead. So my buddy looked at the female deputy and waked "how many times does he get to bump his bill on my head...lmao. then the PHP backed up 2 steps. Anyway he played his cards right and nothing happened to him.

 

[shootinpreacher48]

As a police officer I wish Oklahoma would pass constitutional carry, this would not be an issue, I have a policy if you tell me you have it then it is not concealed so problem solved.

If you forget you have it or did not know accidents happen as a rule of thumb you can always tell these things out character, nice, etc...

 

[littlefoot]

Thanks for the reply Burklee and the comments. very helpful

 

[David2012]

What if your intoxicated. I ask because this happened to a friend last weekend. He was not in the car, the loaded gun was and he was standing in the driveway at his inlaws house when the cops were called for something else. The gun was laying visible in the back seat of his car and the LEO saw it (yes hes a dumbass and I convinced him to get to an AA meeting yesturday).
The HP said that was a felony but for some reason didnt press the issue further and he got no fine or nothing.

If your friend had been leaning against the car with the keys in his pocket... then the officer 'could have' charged him with actual physical control. And then charged him with the weapon. I got a misd. APC 30+ yrs ago. Back then it was a $250 fine. The car was parked & locked on private property, the motor was cold as ice... and I didn't have any alcohol any where nearby except what I had inside me...and was leaning against the hood talking. I always thought that charge was a low life revenue raising tool... as it was obvious I wasn't going anywhere. Basicly, you are presumed guilty because you MIGHT drive. A lot of people over the decades have had their wallets robbed with that charge.

 

[cktad]

Too bad that other states allow you to have a loaded gun in your car without any permit but Oklahoma doesn't.

 

[BikerHT]

TITLE 21 § 1289.13A. Improper transportation of firearm

IMPROPER TRANSPORTATION OF FIREARM

A. Notwithstanding the provisions of 1272 or 1289.13 of this title, any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid concealed handgun permit authorized by the Oklahoma Self-Defense Act or valid license from another state, whether the loaded firearm is concealed or open in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly. In addition to the traffic citation provided in this section, the person may also be arrested for any other violation of law.

Not mentioned here, but I wonder if the firearm would be collected by LEO? Might be difficulties in retrieving it.

 

[henschman]

There are a couple ways they could charge it up. One would be what was already posted, as a traffic ticket for improperly transporting a loaded firearm. However, they could also possibly charge it as Unlawful Carry under 21 O.S. Section 1272 (which prohibits the carry of firearms and other prohibited weapons on or about the person). In order to be charged under this statute, the firearm would have to be close enough to her in the vehicle that she could reach it pretty easily from her seat. Here is the penalty provision for that section:

Any person violating the provisions of Section 1272 or 1273 of this title shall, upon a first conviction, be adjudged guilty of a misdemeanor and the party offending shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days or both such fine and imprisonment. On the second and every subsequent violation, the party offending shall, upon conviction, be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not less than thirty (30) days nor more than three (3) months, or by both such fine and imprisonment.

Just tell your wife not to consent to any searches if she has a gun in the car. Or there is a more foolproof way... when she sees the red and blue lights in her rear view, unload the gun and put it somewhere in plain view. At that point it is being lawfully transported pursuant to 12 O.S. Section 1289.7:

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.

 

[CHenry]

Just tell your wife not to consent to any searches if she has a gun in the car. Or there is a more foolproof way... when she sees the red and blue lights in her rear view, unload the gun and put it somewhere in plain view. At that point it is being lawfully transported pursuant to 12 O.S. Section 1289.7:

Not if the ammo isnt locked separately in the glovebox.

 

[Burk Cornelius]

Not mentioned here, but I wonder if the firearm would be collected by LEO? Might be difficulties in retrieving it.

C. Nothing in this section shall be construed to require confiscation of any firearm.

Doesn't say they CAN'T, just says they aren't required to

 

[Burk Cornelius]

I'm not sure that "ammo in a separate compartment" is part of the statue anymore. I think it might have been at one time though. I added [or] in two places where I think it was meant to be.

TITLE 21 § 1289.7. Firearms in vehicles
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,[or] in a case designed for carrying firearms, which case is wholly or partially visible, [or] in a gun rack mounted in the vehicle, [or] in an exterior locked compartment or a trunk of a vehicle.