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The Range
Law & Order
What Oklahoma law forbids open carry?
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<blockquote data-quote="flybeech" data-source="post: 1752610" data-attributes="member: 7557"><p>To be sure I didn't miss anything, I've been given three cases, which are;</p><p></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=38162" target="_blank">Pierce v State</a></p><p></p><p><a href="http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=60679" target="_blank">OSBI v Warren</a></p><p></p><p><a href="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=275944" target="_blank">Gileo v OSBI</a></p><p></p><p>I'm not the expert that others here are, so I'll humbly explain my problem with each case that was presented as the reason that OC is illegal.</p><p></p><p>Pierce v State was long before the SDA and the act of 1971, so I would think that anything that was done under the Firearms Act of 1971 and SDA would take the teeth out of Pierce v State in that we can carry a revolver in our home. If that's not the case and Pierce v State trumps 1971 and SDA, then is 1971 and SDA invalid?</p><p></p><p>Weapons - Carrying Revolver Unlawful Even on One's Own Premises. Under section 1921, providing, "It shall be unlawful for any person in the state of Oklahoma to carry upon or about his person any pistol, revolver, bowie-knife, dirk-knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, except as in this article provided," held, that a defendant may be properly convicted of carrying on or about his person a revolver, and that the fact that the revolver is carried upon his person within the curtilage of his own premises is immaterial.)</p><p></p><p>If this is what makes OC illegal, then carrying a pistol in our house is illegal, since this case would trump the Act of 1971 and the SDA.</p><p></p><p>In OSBI v Warren, I fail to make the connection to the issuance or non-issuance of an SDA permit when the question was whether Warren was a felon, or not. Unless I am completely misunderstanding the gist of OSBI v Warren, how does this case relate to a lawful citizen openly carrying a firearm with or without any permit as seemingly allowed within the SDA?</p><p></p><p>In Gilio, v OSBI, Gilio (a permit holder) was fined for failing to reveal the presence of firearms to LE when they were inside his home. How does a case over a fine imposed on a CC permit holder relate to someone who openly carries a firearm, with or without a permit?</p><p></p><p>If these are the cases that make it illegal to OC in Oklahoma, I'm just too thick to see the connection. If these are the cases that prove that OC is illegal and show what an otherwise lawful citizen who OC's will be charged with and convicted of, I need further explanation from those who understand the logic better than I do.</p></blockquote><p></p>
[QUOTE="flybeech, post: 1752610, member: 7557"] To be sure I didn't miss anything, I've been given three cases, which are; [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=38162"]Pierce v State[/URL] [URL="http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=60679"]OSBI v Warren[/URL] [URL="http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=275944"]Gileo v OSBI[/URL] I'm not the expert that others here are, so I'll humbly explain my problem with each case that was presented as the reason that OC is illegal. Pierce v State was long before the SDA and the act of 1971, so I would think that anything that was done under the Firearms Act of 1971 and SDA would take the teeth out of Pierce v State in that we can carry a revolver in our home. If that's not the case and Pierce v State trumps 1971 and SDA, then is 1971 and SDA invalid? Weapons - Carrying Revolver Unlawful Even on One's Own Premises. Under section 1921, providing, "It shall be unlawful for any person in the state of Oklahoma to carry upon or about his person any pistol, revolver, bowie-knife, dirk-knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon, except as in this article provided," held, that a defendant may be properly convicted of carrying on or about his person a revolver, and that the fact that the revolver is carried upon his person within the curtilage of his own premises is immaterial.) If this is what makes OC illegal, then carrying a pistol in our house is illegal, since this case would trump the Act of 1971 and the SDA. In OSBI v Warren, I fail to make the connection to the issuance or non-issuance of an SDA permit when the question was whether Warren was a felon, or not. Unless I am completely misunderstanding the gist of OSBI v Warren, how does this case relate to a lawful citizen openly carrying a firearm with or without any permit as seemingly allowed within the SDA? In Gilio, v OSBI, Gilio (a permit holder) was fined for failing to reveal the presence of firearms to LE when they were inside his home. How does a case over a fine imposed on a CC permit holder relate to someone who openly carries a firearm, with or without a permit? If these are the cases that make it illegal to OC in Oklahoma, I'm just too thick to see the connection. If these are the cases that prove that OC is illegal and show what an otherwise lawful citizen who OC's will be charged with and convicted of, I need further explanation from those who understand the logic better than I do. [/QUOTE]
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