An interesting quirk of Oklahoma SDA Open Carry

[poopgiggle]

Brought to my attention here: http://www.reddit.co...open_carry_law/

Apparently if you have a permit from another state, and that state does not allow open carry, then you are not allowed to open carry in this state. There's obviously no case law to back up the interpretation but this seems to be how OSBI is playing it.

This isn't a thing if you have an OK permit, obviously.

E: I'd like to emphasize that I'm not 100% sold on this.

 

[Burk Cornelius]

I heard of another unintended consequence from a LEO friend of mine. Evidently, a peace office cannot open carry off-duty UNLESS they have a SDA permit.

I want Troy to confirm before I take this as fact

 

[poopgiggle]

That wording is much less ambiguous.

https://www.sos.ok.gov/documents/legislation/53rd/2012/2R/SB/1733.pdf Pages 23-25

 

[dennishoddy]

If your from Alaska, or Vermont, where they have constitutional open carry, they can OC in Ok without a CC license.
That little gotcha will be brought up when Constitutional carry is put before the legislature in a year or so.

 

[WillR]

My understanding was if you are from a state that has constitutional carry your drivers license works just like OK's SDA card for them when they are here.

 

[ChrisC]

I heard of another unintended consequence from a LEO friend of mine. Evidently, a peace office cannot open carry off-duty UNLESS they have a SDA permit.

I want Troy to confirm before I take this as fact

True. Unless department allows it with badge and other identifying items.

I just received a package from osbi today I'll look it over and get back with you.

Sent from my SPH-L710 using Tapatalk 2

 

[poopgiggle]

If your from Alaska, or Vermont, where they have constitutional open carry, they can OC in Ok without a CC license.
That little gotcha will be brought up when Constitutional carry is put before the legislature in a year or so.

Is that so?

My understanding was that states with Constitutional carry give out paper licenses on request for people to carry in other states.

 

[TroyF]

Burk:


True.....LEOs cannot open carry unless they have a valid SDA.

 

[dennishoddy]

Is that so?

My understanding was that states with Constitutional carry give out paper licenses on request for people to carry in other states.

In some states thats correct. From what I'm reading in Oklahomas new law, thats not the case. They are going to use this loophole to lobby for Constitutional carry in OK.

Perhaps our OK2A rep will check in and get us informed.

 

[Okiebryan]

Brought to my attention here: http://www.reddit.co...open_carry_law/

Apparently if you have a permit from another state, and that state does not allow open carry, then you are not allowed to open carry in this state. There's obviously no case law to back up the interpretation but this seems to be how OSBI is playing it.

This isn't a thing if you have an OK permit, obviously.

E: I'd like to emphasize that I'm not 100% sold on this.

This came to our attention last week. It turns out that someone in the OSBI Firearms Division was giving people bad legal advice. The OSBI Legal Department said this was incorrect and someone got their pee pee spanked.

 

[poopgiggle]

This came to our attention last week. It turns out that someone in the OSBI Firearms Division was giving people bad legal advice. The OSBI Legal Department said this was incorrect and someone got their pee pee spanked.

Do you have an official source on that?

I believe you but I'd rather have a more authoritative source to show to a police officer than a forum post.

 

[Okiebryan]

No, I don't. Two of our board members called OSBI when we heard this, and Wes Tebo got a phone call back from someone in the Legal Division who had looked into it, learned who was giving bad legal interpretations, and assured Wes that Firearms Div people would not be giving interpretation that did not come from their lawyers.

Nothing in writing, sorry. Hope that's good enough. But really, who else reads that law that way? The bill that changed the recriprocity was a different bill than open carry, that's why the language discrepancy. I'd think that the intent of the legislature would be obvious. All the LEOs I've talked to see it the same way.

 

[Adam Striegel]

I've heard that LEO's can open carry so long as they have their badge visible and conceal carry so long as they have their commission card/approval letter (which is usually on the back of the commission card).

 

[poopgiggle]

No, I don't. Two of our board members called OSBI when we heard this, and Wes Tebo got a phone call back from someone in the Legal Division who had looked into it, learned who was giving bad legal interpretations, and assured Wes that Firearms Div people would not be giving interpretation that did not come from their lawyers.

Nothing in writing, sorry. Hope that's good enough. But really, who else reads that law that way? The bill that changed the recriprocity was a different bill than open carry, that's why the language discrepancy. I'd think that the intent of the legislature would be obvious. All the LEOs I've talked to see it the same way.

It's good enough. AFAIK the only official thing you could get is an official clarification from the AG's office, and I think you need to be LE to request that.

 

[okshooter26]

Only a LEO can get an interpretation of the law from the DA?! It seems the only time the government is willing to share what is law is when they are bending you over with it. They dont seem to want to prevent crime by giving information before a crime is unintentionally committed. It seems they would rather use it to put more people behind bars, when a few words of advice could cut down on tax payers costs for jails and courts. pathetic

 

[bigfug]

I've heard that LEO's can open carry so long as they have their badge visible and conceal carry so long as they have their commission card/approval letter (which is usually on the back of the commission card).

LEO's cannot open carry unless A) They have a valid permit B) Approved by dept policy. Most do not, unless they allow a plainclothes or modified uniform. OCSO doesnt allow their officers to open carry, and OCPD only does if in an approved uniform, so they would have to be in a division allowing plainclothes uniforms such as the gang unit, Tac unit, Data Systems etc.

 

[robkroupa]

My understanding was if you are from a state that has constitutional carry your drivers license works just like OK's SDA card for them when they are here.

I was just reviewing the laws on handgunlaw.us and saw this part. As someone who just moved from Alaska and is still an Alaska state resident this pertains to me. Anyone else know anything about it?