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The Range
Law & Order
What Oklahoma law forbids open carry?
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<blockquote data-quote="NINEROUND" data-source="post: 1698658" data-attributes="member: 17429"><p>Title 21. Crimes and Punishments </p><p> Chapter 53 - Manufacture, Sale, and Wearing of Weapons</p><p> Section 1272 - Unlawful Carry</p><p>Cite as: O.S. §, __ __</p><p></p><p></p><p>--------------------------------------------------------------------------------</p><p></p><p></p><p></p><p>A. <u>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</u>......<u>whether such weapon be concealed or unconcealed, except this section shall not prohibit:</u></p><p></p><p>2. <strong>The carrying or use of weapons in a manner otherwise permitted by statute</strong> or authorized by the Oklahoma Self-Defense Act;</p><p></p><p>B. <strong>Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1276 of this title.</strong></p><p></p><p>Therefore, since open carry is<u> not stated </u>as an act permitted unless it meets the criteria above in the the following subsections of the statute or subsection 1, it is unlawful and violation of that offense would be punishable by law. Simply put, open carry is allowed as long as it meets one of the guidelines mentioned. Just because we feel like it, doesn't make it a permitted act under the statute.</p><p></p><p>From the Oklahoma Constitution:</p><p></p><p>§ <em>26. Bearing arms - Carrying weapons. </em></p><p></p><p>The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; <u><em>but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons</em>.</u>With the above statute and the Oklahoma Firearms act of 1971,the Legislature regulated it, in accordance with the Constitution. Both statutes clearly lay out the places and circumstances where open carry is legal. If not stated, it is therefore illegal. </p><p></p><p>I'm not a lawyer, this is just my interpretation, so don't be too hard on my reasoning. I hope everyday that open carry will be legal. Why? Would I carry openly? No, probably not, but I'd like the option.</p></blockquote><p></p>
[QUOTE="NINEROUND, post: 1698658, member: 17429"] Title 21. Crimes and Punishments Chapter 53 - Manufacture, Sale, and Wearing of Weapons Section 1272 - Unlawful Carry Cite as: O.S. §, __ __ -------------------------------------------------------------------------------- A. [U]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[/U]......[U]whether such weapon be concealed or unconcealed, except this section shall not prohibit:[/U] 2. [B]The carrying or use of weapons in a manner otherwise permitted by statute[/B] or authorized by the Oklahoma Self-Defense Act; B. [B]Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1276 of this title.[/B] Therefore, since open carry is[U] not stated [/U]as an act permitted unless it meets the criteria above in the the following subsections of the statute or subsection 1, it is unlawful and violation of that offense would be punishable by law. Simply put, open carry is allowed as long as it meets one of the guidelines mentioned. Just because we feel like it, doesn't make it a permitted act under the statute. From the Oklahoma Constitution: § [I]26. Bearing arms - Carrying weapons. [/I] The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; [U][I]but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons[/I].[/U]With the above statute and the Oklahoma Firearms act of 1971,the Legislature regulated it, in accordance with the Constitution. Both statutes clearly lay out the places and circumstances where open carry is legal. If not stated, it is therefore illegal. I'm not a lawyer, this is just my interpretation, so don't be too hard on my reasoning. I hope everyday that open carry will be legal. Why? Would I carry openly? No, probably not, but I'd like the option. [/QUOTE]
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