^^^^ This ^^^^
^^^^ This ^^^^
I agree, except I think a better description would be an unhealthy mix of fascism and socialism.
So essentially, you're the guy at the back of the crowd inciting a riot, but want to fade away when the furball erupts. Nice. Got any more sage advice you want to share with the rest of the rebel rousers?
But... but we are a police state!!!111!!1!!!!!1!!
You have obviously never travelled to a country that is a "police state." I enforce the laws and go out of my way to make sure you are not unnecessarily incomvenienced. So do most officers I know. The legislature makes the laws, the court interprets the laws, we do our best to enforce the laws.
Well Said,
If that was directed at me, you missed my mocking signal. Unnecessary italics, over-emphasized underline, and the missed shift-keys.
Well, I still haven't seen anything in our existing statutes that makes OC in most places a crime. I reviewed the AG opinions and all I could find was an opinion of OC in a car, dated November 3, 2003. I must be missing something, brain damaged or just plain stupid, because I just ain't getting it. I've looked at the other threads, read the statutes as well as I can and I'm still not seeing the statute that forbids open carry in most areas. What I do see is the possibility for a municipality to impose a $70 ticket for carrying a loaded firearm openly inside the car, but that same statute says that unless there is criminal activity involved beyond the traffic violation, "C. Nothing in this section shall be construed to require confiscation of any firearm."
The only thing I can think of that has stripped our Constitutional right to carry openly could be in some court case that I haven't found, or some other statute that is hidden in someplace that relates to exactly how "any legitimate purpose" (§21-1289.6 A-6) is defined. I can carry concealed, but before we haul-off and pass an open carry law that allows only the concealed carry permit holder to OC, it makes sense to me to truly establish that our 2A right to Constitutionally carry openly was in fact lost somewhere along the line. What if we pass a new OC law for the permit holders and actually move backwards from Constitutional carry?
§21-1289.6 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, Sections 1 through 25 of this act, pursuant to the following conditions:
6. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title or any legislative enactment regarding the use, ownership and control of firearms.
§21-1272. Unlawful carry. A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger..... or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
2. The carrying or use of weapons in a manner otherwise permitted by statute or
authorized by the Oklahoma Self-Defense Act;
TITLE 21 § 1289.13A 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.
B. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self-Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to that license shall not be confiscated, unless:
1. The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person; or
2. The officer has probable cause to believe the weapon is:
a. contraband, or
b. a firearm used in the commission of a crime other than a violation of subsection A of this section.
C. Nothing in this section shall be construed to require confiscation of any firearm.
The only thing I can think of that has stripped our Constitutional right to carry openly could be in some court case that I haven't found, or some other statute that is hidden in someplace that relates to exactly how "any legitimate purpose" (§21-1289.6 A-6) is defined. I can carry concealed, but before we haul-off and pass an open carry law that allows only the concealed carry permit holder to OC, it makes sense to me to truly establish that our 2A right to Constitutionally carry openly was in fact lost somewhere along the line. What if we pass a new OC law for the permit holders and actually move backwards from Constitutional carry?
§21-1289.6 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, Sections 1 through 25 of this act, pursuant to the following conditions:
6. For any legitimate purpose not in violation of the Oklahoma Firearms Act of 1971, Sections 1289.1 through 1289.17 of this title or any legislative enactment regarding the use, ownership and control of firearms.
§21-1272. Unlawful carry. A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger..... or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:
2. The carrying or use of weapons in a manner otherwise permitted by statute or
authorized by the Oklahoma Self-Defense Act;
TITLE 21 § 1289.13A 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.
B. When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self-Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to that license shall not be confiscated, unless:
1. The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person; or
2. The officer has probable cause to believe the weapon is:
a. contraband, or
b. a firearm used in the commission of a crime other than a violation of subsection A of this section.
C. Nothing in this section shall be construed to require confiscation of any firearm.
Now, I'm thinking like a computer programmer here, not a lawyer, so I could be wrong. I believe the or in this clause indicates that if a new piece of legislation, such as the Oklahoma Self-Defense Act, places a restriction on the legal means of carrying a firearm, then regardless of what the Oklahoma Firearms Act of 1971 states is legal, you are still in violation of Oklahoma Law if you are in violation of the newer legislation.
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