Open Carry for out of state permits

[PhoenixTX]

Just wondering if anyone might have some insight on this, perhaps with a statute for reference?

I'm a Texas resident with a CHL. I spend a lot of time working in OKC. Obviously my CHL is valid in OK, but does that apply to open carry as well? As I travel to various states I realize that I need to be aware of and abide by each state's laws, but as Oklahoma's laws are now less restrictive than Texas I wanted to make sure I wouldn't get in trouble for open carry.

For the record, I'm not actually planning on open carrying. I think the best part of open carry is the fact that accidentally exposing your firearm or even "printing" isn't an issue any longer. If I were to be spotted with an exposed weapon I wanted to make sure open carry would apply, unlike Texas where an exposed weapon is a misdemeanor.

 

[UATKP]

I also live in Texas and have a CHL. The way I read the law, I believe I am legal if I open carry in Oklahoma. I also am not sure that I will open carry there, but I don't want to worry if my jacket blows open by that Okie wind. )
You can read the new law for yourself by looking for the link in the Sticky, above your post on the main Oklahoma discussion page.

After reading the law as posted on Handgun Law Website, it appears that I am mistaken... according to what they have quoted, you must have a concealed carry permit from the State of Oklahoma before you can open carry a handgun there. I'll be doing some more research on the matter.

 

[sigtaueli]

As taken from Oklahoma's SDA:

VERSION 2 (as amended by Laws 2012, SB 1733, c. 259, § 44, eff. November 1, 2012)
The State of Oklahoma hereby recognizes any valid concealed or unconcealed carry weapons permit or license
issued by another state.
Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the
authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in
this state; provided the license from the other state remains valid. The firearm must either be carried unconcealed or
concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must
disclose the fact that he or she is in possession of a concealed or unconcealed firearm pursuant to a valid concealed or
unconcealed carry weapons permit or license issued in another state. Any person who is twenty-one (21) years of age or
older having a valid firearm license from another state may apply for a handgun license in this state immediately upon
establishing a residence in this state

The way it reads, any handgun license will give you the option of either carry - matching Oklahoma's law of only one handgun permit.

 

[UATKP]

As taken from Oklahoma's SDA:

VERSION 2 (as amended by Laws 2012, SB 1733, c. 259, § 44, eff. November 1, 2012)
The State of Oklahoma hereby recognizes any valid concealed or unconcealed carry weapons permit or license
issued by another state.
Any person entering this state in possession of a firearm authorized for concealed or unconcealed carry upon the
authority and license of another state is authorized to continue to carry a concealed or unconcealed firearm and license in
this state; provided the license from the other state remains valid. The firearm must either be carried unconcealed or
concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must
disclose the fact that he or she is in possession of a concealed or unconcealed firearm pursuant to a valid concealed or
unconcealed carry weapons permit or license issued in another state. Any person who is twenty-one (21) years of age or
older having a valid firearm license from another state may apply for a handgun license in this state immediately upon
establishing a residence in this state

The way it reads, any handgun license will give you the option of either carry - matching Oklahoma's law of only one handgun permit.

Suppose some LEO understands it like this: If you have a concealed handgun license, you must carry it concealed... and if you have a license that allows open carry, you must carry it openly...?

The way I understand it... and I could be wrong... it's up for grabs... I hope I'm wrong.

 

[Rabbitcreekok]

Reciprocity means that you have to obey the laws in the state you are visiting, just like your drivers license. If you can make a right turn on red in your home state but it is against the law in the state you are visiting, you best not make a right turn on red.

Carry permits are the same. You must obey the law of the state you are visiting, not the laws of your home state. Open carry is not against the law in Oklahoma. I cannot visit another state and open carry if that state does not allow open carry.

 

[PhoenixTX]

Sigtaueli, notice in the law you quoted it says "version 2". This is where I'm confused.

I recently found some statute citations on the Oklahoma State Courts Network website that shows Section 1290.26 modified by SB 1733 and also modified by SB 1785. The resulting text is different for that section as amended by each SB.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69809

It appears that SB 1733 had provisions for reciprocity allowing open carry by out of state permit holders, but SB 1785 did not.

 

[UATKP]

Confirmed: If you have a resident's concealed handgun license from the State of Texas, you must carry concealed in Oklahoma.

21 O.S. Section 1290.26 (Effective Date of This New Law 11/1/12 as Amended by SB 1785)
A. Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid. The firearm must be carried fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to a valid concealed carry weapons permit or license issued in another state.

 

[PhoenixTX]

Confirmed: If you have a resident's concealed handgun license from the State of Texas, you must carry concealed in Oklahoma.

21 O.S. Section 1290.26 (Effective Date of This New Law 11/1/12 as Amended by SB 1785)............

Not really. You quoted 1290.26 as amended by SB 1785. You can see from the previous posts that SB 1733 amended the same section with different wording. Apparently there is a discrepancy between the two bills that were passed.

I had a discussion about this with John Whetsel, the Oklahoma County Sheriff. I contacted him because I am primarily working in OKC, in his jurisdiction. He noted the discrepancy and suggested that the Oklahoma legislature will need to correct this in an upcoming session, but for the time being he stated that he interprets it that any person with a carry license from another state are allowed to carry open or concealed, whichever they choose while in Oklahoma.

I told him my primary reason for wanting to confirm my rights was in case my weapon was accidentally exposed, not that I was planning to walk around open-carrying my Sig. He stated that he is not aware of any incidents in which a person was arrested/fined/cited for 'printing' or accidentally exposing a concealed weapon (prior to the open carry laws).

I was quite impressed with his support for the 2nd ... and he's a Democrat :sarcastic: