Loaded weapons in vehicle

[Calan]

Can someone clarify the law in regards to the SDA and carrying loaded weapons in a vehicle?

This seems to be a grey area. According to this page: Oklahoma Concealed Carry Permit Information, weapons must be unloaded. In the SDA itself, the topic is mentioned a few times, but it is never explicitly stated as to whether or not the permit allows loaded concealed weapons to be carried...although this section implies it:

"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 handgun license authorized by
the Oklahoma Self-Defense Act or valid license from another state, whether the loaded firearm is concealed or
unconcealed 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."

I have had my license for over a year now, and have been stopped once for a 7+ speed warning in a 35. I presented my two licenses, and the young LEO was very professional and friendly; I stated that I had a loaded weapon in the door cubby when asked, and his only comment was that he was happy to see people exercising their 2nd amendment rights.

After reading the permit info on this site though, it got me wondering what the actual law on the subject is, and re-reading the SDA hasn't clarified anything.

 

[Calan]

303 views and no responses?

Apparently there are a lot more people interested in the question than there are that have the answer.

 

[audiophile]

After you taking about General transportation of firearms or the one you carry for pd?

 

[Calan]

Carry weapon. The one that is loaded in my holster that I take off when I get in the car.

 

[audiophile]

Yes. You are allowed to have that weapon loaded in your vehicle as long as you follow ask other laws. I.e. OK handgun license, valid DL and that no one that cannot legally have access to the weapon is in the car. If I remember correctly there is a section that defines it better. I will see if I can find it.

 

[audiophile]

Read section 1289.7

 

[Calan]

I've read that section a few times, but I still don't see where it answers the question.

"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.

anyone licensed or not, can carry an open and unloaded gun at any time

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.

anyone licensed or not, can carry an unloaded rifle or shotgun concealed behind the seat.

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 to carry a handgun, concealed or unconcealed, and is carrying a handgun or
has 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"

anyone licensed or not, in a vehicle with a licensed person won't be in violation.


Where in any of that does it say that a licensed person can or can not transport a loaded and/or concealed weapon? Am I just blind?

*****

"TITLE 21 § 1289.13 TRANSPORTING A LOADED FIREARM

Except as otherwise provided by the provisions of the Oklahoma Self-Defense Act or another provision of law, it shall
be unlawful to transport a loaded pistol, rifle or shotgun in a land borne motor vehicle over a public highway or roadway.
However, a rifle or shotgun may be transported clip or magazine loaded and not chamber loaded when transported in an
exterior locked compartment of the vehicle or trunk of the vehicle or in the interior compartment of the vehicle
notwithstanding the provisions of Section 1289.7 of this title when the person is in possession of a valid handgun license
pursuant to the Oklahoma Self-Defense Act."

Since I can't find anything related to "Except as otherwise provided by the provisions" that applies to us normal folks, this paragraph makes it sound like it is not legal even for licensed persons, except for in an exterior locked compartment, trunk, etc.

 

[audiophile]

The part that references the Oklahoma self defense act is referring to a loaded weapon. Since by law under such act you are allowed to have a concealed or unconcealed weapon if you are licensed. That means you can transport a loaded weapon in your car as long as you or someone in the vehicle is licensed under the SDA per Oklahoma law not including those excluded I.e. convicted felons. I hope this helps.

 

[Calan]

Thanks for the help, but I still read that as "It is prohibited unless some part of this document allows it". And I can't find the specific part (provision) that allows it. Since this document is defining the terms and conditions of the SDA, shouldn't it explicitly state if and when a license holder can carry a loaded concealed weapon in a vehicle?

Maybe I just shouldn't worry about it. It's more curiosity than anything else.

 

[indyyy]

Kind of fun getting into the 'technialities' :

TITLE 21 § 1290.5 TERM OF LICENSE AND RENEWAL
A. A handgun license when issued shall authorize the person to whom the license is issued to carry a loaded or
unloaded handgun, concealed or unconcealed, as authorized by the provisions of the Oklahoma Self-Defense
Act, and any future modifications thereto.

This from the SDA says if you have a license you are authorized to carry a loaded weapon.

'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 handgun license authorized by
the Oklahoma Self-Defense Act or valid license from another state"

This is referring to people who carry WITHOUT a license

 

[Calan]

Kind of fun getting into the 'technialities' :

TITLE 21 § 1290.5 TERM OF LICENSE AND RENEWAL
A. A handgun license when issued shall authorize the person to whom the license is issued to carry a loaded or
unloaded handgun, concealed or unconcealed, as authorized by the provisions of the Oklahoma Self-Defense
Act, and any future modifications thereto.

This from the SDA says if you have a license you are authorized to carry a loaded weapon.

Right...but where are those provisions (paragraphs) of the SDA that are mentioned? There are lots of paragraphs that define vehicle carry parameters for non-licensees, ex-LEO/corrections officers, etc... but nothing for the general licensed public.

Is it "assumed" that licensed persons not specifically mentioned in the SDA text have the right to carry locked and loaded in a vehicle? If so, that sounds like a court technicality waiting to happen.

 

[indyyy]

In Indiana, we're allowed to own guns without a license for home defense. But if we want to transport one to a shooting range or anywhere else either a hunting license ($5+ $10 for fingerprints for 5 years) or license to carry (about $50 + $10 for fingerprints) is required. And I think if you just have the hunting permit you have to carry it unloaded (I would have to check to be sure). Since Ok. law says carrying loaded or unloaded without a permit is illegal, I would guess it's similar to that - if you're going to carry to the range, etc. as opposed to carrying with a license for self defense.

I looked at the $5 for hunting, $50 for self defense, and decided it's better to just get the one that let's me carry almost all the time (not in schools, gov't buildings, etc.)

 

[audiophile]

Right...but where are those provisions (paragraphs) of the SDA that are mentioned? There are lots of paragraphs that define vehicle carry parameters for non-licensees, ex-LEO/corrections officers, etc... but nothing for the general licensed public.

Is it "assumed" that licensed persons not specifically mentioned in the SDA text have the right to carry locked and loaded in a vehicle? If so, that sounds like a court technicality waiting to happen.

I think you are way over thinking this. Those provisions that it mentions is the fact that if you have a valid Oklahoma handgun license you are allowed to have a loaded firearm on your person at all times outside of specific locations such as schools, bars etc.

 

[NavyLCDR]

I think you are way over thinking this. Those provisions that it mentions is the fact that if you have a valid Oklahoma handgun license you are allowed to have a loaded firearm on your person at all times outside of specific locations such as schools, bars etc.

I'm pretty sure that there are thousands of concealed weapons permit holders who have loaded handguns in their vehicles just about any time they are in their vehicles. (and probably a lot of criminals too).