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View Full Version : Matlock, Did ya get out yet?



olevetonahill
1/18/2013, 07:24 PM
:applouse:
You tell em.

http://newsok.com/oklahoma-city-lawyer-with-gun-didnt-have-a-permit-police-report/article/3747001

SicEmBaylor
1/18/2013, 07:26 PM
Actually, I didn't think you needed a permit either if it's in your home or car. I know you don't need one to keep in your home, but I'm surprised you need one if it's kept in the car. I thought a CHL license was only for carrying it on your person.

olevetonahill
1/18/2013, 07:36 PM
Actually, I didn't think you needed a permit either if it's in your home or car. I know you don't need one to keep in your home, but I'm surprised you need one if it's kept in the car. I thought a CHL license was only for carrying it on your person.

Ya need the CCL if ya wanta carry loaded. its kinda a iffee deal to carry one like he was. If the Mag is seperate from the weapon say in the Glove box or somepun its usually ok.

Depends on the Cop tho

If I remember right you can carry an unloaded weapon to or from a Firing range, To or from hunting, to or from a Gun shop/ gun Smith.

Thats according to the Law I think
Me. I just tuck the dayum thing under my armrest and go.

soonercruiser
1/19/2013, 03:14 PM
Ya need the CCL if ya wanta carry loaded. its kinda a iffee deal to carry one like he was. If the Mag is seperate from the weapon say in the Glove box or somepun its usually ok.

Depends on the Cop tho

If I remember right you can carry an unloaded weapon to or from a Firing range, To or from hunting, to or from a Gun shop/ gun Smith.

Thats according to the Law I think
Me. I just tuck the dayum thing under my armrest and go.

Not lying on the front seat in open sight! Transporting a weapon requires it to be in a lock container, or locked vehicle, away from sight.
And, especially not in plain view along with ammo! And, need to be in suitable container for transport.
I need to revisist this, because most guidelines that I remember also require transporting the ammo separate from the gun, for a "hand gun"......if you don't have concealed carry permit.

http://www.ok.gov/osbi/documents/SDA_Lawbook_NOV_2011.pdf


TITLE 21 § 1289.7 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, 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.
Any person who is the operator of a vehicle or is a passenger in any vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act, Sections 1 through 26 of this act, to carry a concealed handgun and is carrying a concealed handgun or has concealed the handgun in such vehicle, shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle.

TITLE 21 § 1289.7a TRANSPORTING OR STORING FIREARMS IN LOCKED VEHICLE ON PRIVATE PREMISES PROHIBITION PROSCRIBED
A. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked motor vehicle, or from transporting and storing firearms locked in or locked to a motor vehicle on any property set aside for any motor vehicle.
B. No person, property owner, tenant, employer, or business entity shall be liable in any civil action for occurrences which result from the storing of firearms in a locked motor vehicle on any property set aside for any motor vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms. The provisions of this subsection shall not apply to claims pursuant to the Workers’ Compensation Act.
C. An individual may bring a civil action to enforce this section. If a plaintiff prevails in a civil action related to the personnel manual against a person, property owner, tenant, employer or business for a violation of this section, the court shall award actual damages, enjoin further violations of this section, and award court costs and attorney fees to the prevailing plaintiff.
D. As used in this section, “motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motorcycle, motor scooter, and any other vehicle required to be registered under the Oklahoma Vehicle License and Registration Act.


TITLE 21 § 1289.13A IMPROPER TRANSPORTATION OF FIREARMA. 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.
26
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.

So, I believe that the officer had a lot of leeway, once the guy admitted that he did not have a CC permit.
Especially since he wasn't transporting the gun in the prescribed fashion.