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How do you feel about Open Carry?

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The topic of Open Carry is sweeping the nation right now and is also a big thing here in Oklahoma. Last year a bill made it to the Governors desk only to be vetoed and killed. All bills this year got killed.

Currently Oklahoma is 1 of 7 states that doesn't allow Open Carry beyond ones own private property or private property in which the owner have given consent for it. Of those 7 states Arkansas and Florida have bills that will likely be signed into law this year.
 

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Even open carry isn't allowed on one's own private property, nor is concealed carry without a permit outside the confines of one's home. Pierce v. State, 1929 OK CR 91, 42 Okl.Cr. 272, 275 P. 393. The language in HB1647 was meant to directly address the ruling in Pierce that a reasonable fear of bodily harm is not a good enough reason to carry a firearm. However, I wholly disagreed with the language in HB1647 because our friends at the Capitol were pushing it as an open carry solution, even though it would have made open carry murky territory.


I predicted on another forum that open carry would go nowhere this year. Last year, politicians had the protection of a guaranteed veto. Twelve Representatives changed their vote from a Aye to a Nay on the veto override attempt (one changed from a Nay to an Aye).


This year, the House Public Safety Committee vote on SB129 was quite telling. A committee substitute for SB129 was submitted that was identical to last year's HB3354 that failed on veto override. This created an opportunity to determine where those committee members really stood without the protection of a veto. Representatives Doug Cox (R) and Charlie Joyner (R) voted for HB3354 last year both time, but voted against the identical committee substitute to SB129. Rep. Chuck Hoskin (D) voted for it last year the first go round, flipped on the override, and voted against it this year. Rep. Pam Peterson (R) voted against HB3354 last year, but voted for the identical committee substitute (I question this vote on grounds that it failed by one, and these votes are generally known ahead of time).


With the current crop of politicians, I don't see open carry coming to Oklahoma any time soon. However, keep in mind that no issue is dead until Sine Die (or, really, one week prior to Sine Die). Furthermore, the legislature is responsible this session for redistricting. There is still possibly a bit of hope next session, especially with next session being an election year.
 

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Welcome Brian to OK Hunter. Dennis mentioned to me you would be stopping in. I have been reading your posts and blog at OSH for awhile, glad to have you.
 

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Thanks for the clarification on when open carry is legal, Brian.

I'd have to find it somewhere in the regs, but I think there is/was an exemption for farmers/ranchers while on their property, and while hunting in the field. I know when I'm at my farm, I've got a pistol in open carry, all the time, and have not had any problem with the Game Wardens. It may be listed in the Title 800 rules. It was awhile back, and things change.
I'll try to see if its still applicable.
 

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At most all of the local gun shops and indoor ranges here in OKC the employees all OC.
 

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Be sure to check out Brians Blog. The link is at the bottom of his post.
 

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Be sure to check out Brians Blog. The link is at the bottom of his post.
May just be my PC here at work but the link doesn't work for me.
 

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didn't work for me either. I'll get a good link and put it on here.
 

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I can't believe so many people are for OC without a permit. I don't know about you, but there are a lot of people I know of that it would be a very bad idea for them to carry a gun. I would be scared to leave my house if any person could carry without a permit.
 

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Be sure to check out Brians Blog. The link is at the bottom of his post.
May just be my PC here at work but the link doesn't work for me.

Fixed... apparently the BBcode URL here doesn't like quotes, which I added out of habit.



Thanks for the clarification on when open carry is legal, Brian.


I'd have to find it somewhere in the regs, but I think there is/was an exemption for farmers/ranchers while on their property, and while hunting in the field. I know when I'm at my farm, I've got a pistol in open carry, all the time, and have not had any problem with the Game Wardens. It may be listed in the Title 800 rules. It was awhile back, and things change.
I'll try to see if its still applicable.

Yes, there is a legal exception for hunting in 21 O.S. § 1289.6.


As far as I know (and Administrative Code is a PITA to navigate), even private property is still technically a legal no-no unless engaged in hunting. However, there's that wonderful gem called officer discretion.


I can't believe so many people are for OC without a permit. I don't know about you, but there are a lot of people I know of that it would be a very bad idea for them to carry a gun. I would be scared to leave my house if any person could carry without a permit.

28 states allow open carry without a permit. Are you afraid of any of the Gold and Orange states on the following map? (Gold means unlicensed open carry with state preemption, Orange means local laws may be more strict than state laws)


 

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It really doesn't matter if we have OC or not, when it comes to people carrying guns that haven't had training. Those people are carrying in our streets right now. Legal, law abiding people with training are not allowd to.
Personally, one of the reasons I want it, is so that if my concealed weapon accidently gets printed, or a jacket slips away giving a brief view, I can't be cited for it.

In the states that have OC with no restrictions, there has yet to be mass shootings or blood running in the streets.
 

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No. I'm afraid knowing some of the people I encounter on a near daily basis (not all there if you know what I mean) having the legal means to carry a loaded firearm without having a background check. I guess I just know far too many "mental cases" that could be packing. Bad situation as far as I'm concerned.
 

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No. I'm afraid knowing some of the people I encounter on a near daily basis (not all there if you know what I mean) having the legal means to carry a loaded firearm without having a background check. I guess I just know far too many "mental cases" that could be packing. Bad situation as far as I'm concerned.

There's plenty of evidence showing that is not an issue with unlicensed open carry. There is little, if any, evidence showing otherwise.


I personally don't believe there should even be a license for concealed carry. We have a natural right to keep and bear our tools. That right is protected with respect to arms by the Second Amendment.


When it comes to the Oklahoma Constitution, Article II § 26 reads as follows:


"The right of a citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power, when thereunto legally summoned, shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons."


Those two clauses are exclusive to each other, but I'll concede that the latter clause arguably allows for a permitting process such as what we have for concealed carry. Ideally, we would not allow the State of Oklahoma to place such a burden on the Right to Keep and Bear Arms, especially for self defense.
 

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Discussion Starter · #15 ·
On a hot summers day in shorts and a tank top its hard to CC a firearm. OC is a good way of still being able to carry. If you CC you are wondering if someone can see your gun ow as dennis said it printing. When I lived in Virginia I OC'd darn near everyday and I never had an issues. Most questions I got came from kids asking if I was a LEO. Fear is the biggest reason most people don't want to see OC allowed. The jibberish of the wild west and blood in the streets had been proven wrong. Education of the masses on OC is the easiest way to make sheeple more comfortable with it.
I could care less if someone doesn't like the fact that I'm OC'ing because I'm the one defending myself not them.
 

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I'm still trying to figure out how to Conceal carry when wearing my speedo ::)
 

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