1. Welcome to Oklahoma Shooters Association! Join today, registration is easy!

    You can register using your Google, Facebook, or Twitter account, just click here.
  2. All members receive 3 free listings a month. Get unlimited listings for just $10 a year! Click here for all the info.

Wife’s concealed carry question.

Discussion in 'General Discussion' started by 6shooter, Jul 27, 2015.

  1. 6shooter

    6shooter Sharpshooter

    Messages:
    708
    Likes Received:
    0
    Joined:
    Mar 25, 2009
    Location:
    Owasso
    Colb, yes she does. Don't think it's state or fed.
     
  2. Buzzgun

    Buzzgun Sharpshooter

    Messages:
    1,164
    Likes Received:
    380
    Joined:
    Oct 7, 2008
    Location:
    sand springs
    Rating
    100%
    If it's not a criminal act, it is not illegal.

    In this case, the criminal act would be refusing to leave if told to do so, basically trespassing.


    To answer the original question, is the entrance and hallway through the first floor a common area, or is it part of the school? I would assume it is a common area and would not legally be part of the school since the school does not control the entrance and hallway.
     
  3. TerryMiller

    TerryMiller Sharpshooter

    Messages:
    9,349
    Likes Received:
    4,064
    Joined:
    Jun 4, 2009
    Location:
    Here, but occasionally There.
    Rating
    100%
    With regard to the "request to leave the property," would having to take the weapon back to the vehicle cause her to be late for work? As for the criminal trespass, if one of the tenants or property management asks your wife to leave, would she still be allowed access provided she had place the weapon back in her car, or would the demand that she leave the premises apply to her whether she was carrying or not.

    Personally, I'd be checking with an attorney. Does her employer have a legal staff?
     
  4. donner

    donner Sharpshooter

    Messages:
    4,474
    Likes Received:
    918
    Joined:
    Oct 22, 2005
    Location:
    Oxford, MS
    she might find that asking her employer reveals the employer doesn't want guns carried. Just saying.
     
  5. ProBusiness

    ProBusiness Sharpshooter

    Messages:
    942
    Likes Received:
    18
    Joined:
    Feb 3, 2009
    Location:
    tulsa
    well u cannot carry onto school property (other than parking lot) of public school, k-12, college, technical.

    with a SDA license, u can leave a loaded gun, hidden, in a locked car of a school parking lot on k-12, college, university, technical school as of 11/1/14.

    u can carry on university/college 'property' (parking lot and not a parking lot), i.e. walking on school 'property', with written permission of the president and i believe k-12 with written permission from principal if think for very specific activites.

    So the wife is walking thru a 'college' with a gun on her person, without written permission of the president of this college, then that walk thru the college is illegal IMO. it does not matter if she is attending the college or has business at the college, she is on college 'property' with a gun. not legal.

    The 'GUN BUSTER' or no weapon sign on the entrances does not make it a legal gun free area, or a illegal act to carry past these signs. the law reads that if the owner of the property asked you to leave (or remove your weapon from the property) because you have carried a gun onto posted property (store) and you refuse you can be issued a $250 fine by a LEO. so it is not persecutable to carry onto posted property, but it is a fine to not leave when asked to do so.

    BUT i think the overwriding fact is that this property is a SCHOOL and you cannot carry on your person outside of the car on SCHOOL PROPERTY.

    It is not about the gun buster sign, it is about carrying on SCHOOL property IMO
     
  6. Buzzgun

    Buzzgun Sharpshooter

    Messages:
    1,164
    Likes Received:
    380
    Joined:
    Oct 7, 2008
    Location:
    sand springs
    Rating
    100%
    The gunbuster signs are irrelevant.

    The question, are the common areas within the building legally school property?

    From the OP, the "school" is located in the bottom floor of a multi story building, however, the school and other tenants of the building share the ingress, egress, stairways and elevators. I am not a lawyer, but in my opinion, if the school does not control ingress and egress in those areas, they are not legally part of the school and are not prohibited places.
     
  7. farmerbyron

    farmerbyron Sharpshooter

    Messages:
    5,290
    Likes Received:
    145
    Joined:
    Nov 3, 2008
    Location:
    Tuttle
    Rating
    100%


    Shall not be a criminal act = concealed is concealed

    The only thing risked by carrying in a private business is being asked to leave. BFD.
     
  8. Glocktogo

    Glocktogo Sharpshooter

    Messages:
    25,257
    Likes Received:
    5,155
    Joined:
    Jan 12, 2007
    Location:
    Collinsville
    Rating
    100%
    Are you looking at it as a requirement to provide easement? It doesn't seem right that a lessee (tech school) can control ingress and egress or set rules to other lessee leaseholds, for which they aren't the lessor.

    I'm sure if you asked 10 different lawyers, you'd get 10 different legal opinions on this one. It should be as much a matter of contract law as SDA law. I highly doubt that anyone who wrote the legislation actually considered such a unique situation. No law covers every eventuality.
     
  9. bigfug

    bigfug Sharpshooter

    Messages:
    4,403
    Likes Received:
    171
    Joined:
    Oct 24, 2008
    Location:
    Moore
    Rating
    100%
    TITLE 21 § 1280.1 POSSESSION OF FIREARM ON SCHOOL PROPERTY
    B. For purposes of this section:
    1. "School property" means any publicly owned property held for purposes of elementary, secondary or
    vocational technical education, and shall not include property owned by public school districts or where
    such property is leased or rented to an individual or corporation and used for purposes other than
    educational;


    Not school property, so unlawful carry does not apply. Only violating business owners rights and would be trespass, same as if you walked in with no shirt, no shoes and they had it posted.
     
  10. dennishoddy

    dennishoddy Sharpshooter

    Messages:
    65,270
    Likes Received:
    19,480
    Joined:
    Dec 9, 2008
    Location:
    Ponca City Ok
    Rating
    100%
    Since they don't have a sign that says no pants is that legal?
     

Share This Page