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1/22/2020 12:12:56 PM
Posted: 11/16/2012 8:26:22 AM EST
[Last Edit: 11/16/2012 8:26:53 AM EST by maggiethecat]
I live in TX and have a valid TX CHL, which requires my weapon to be concealed at all times.

Oklahoma just went to concealed or open carry, WITH A VALID LICENSE.


My question, can I open carry in Oklahoma with my TX CHL?

JustKeepSwimming posted this in the HTF:

SECTION 44. AMENDATORY 21 O.S. 2011, Section 1290.26, is amended to read as follows:

Section 1290.26.

RECIPROCAL AGREEMENT AUTHORITY

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.


To me, with my 11 minutes of legal training, it looks like i can carry "pursuant" to my license. Does that mean only because I have a license, or only in a manner intended by my license?

Clearly it does NOT mean carry as if I were in my home state, which would seemingly exempt me from a few OK laws, it hey differed from TX.

I left a messgae with Karen Bray in the OK AG's office dept of "Official Opinions". Hopefully she'll call back.
I did see the the AG is not obliged to give an opinion to me, since I'm not "Legislature or either branch thereof, or by any state officer, board, commission or department,.."

Any help appreciated
Link Posted: 11/16/2012 8:47:52 AM EST
That's not all the law.
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69809
Multiple Amendments Enacted During the 2012 Legislative Session

Version 1 (as amended by Laws 2012, SB 1785, c. 195, § 1, eff. November 1, 2012)

RECIPROCAL AGREEMENT AUTHORITY

The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state, or if the state is a nonpermitting carry state, this state shall reciprocate under the permitting law of that state.

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.

B. Any person entering this state in possession of a firearm authorized for concealed carry upon the authority of a state that is a nonpermitted carry state and the person is in compliance with the Oklahoma Self-Defense Act, the person is authorized to carry a concealed firearm in this state. 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 the nonpermitting laws of the state in which he or she is a legal resident. The person shall present proper identification by a valid photo ID as proof that he or she is a legal resident in such a non-permitting state. The Department of Public Safety shall keep a current list of non-permitting states for law enforcement officers to confirm that a state is nonpermitting.

C. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a concealed handgun license in this state immediately upon establishing a residence in this state.

Version 2 (as amended by Laws 2012, SB 1733, c. 259, § 44, eff. November 1, 2012)

RECIPROCAL AGREEMENT AUTHORITY

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.


There are 2 versions of the amendment but I don't know which one is actually the law or whether they should be interpreted together.

Link Posted: 11/17/2012 7:02:01 AM EST
[Last Edit: 11/17/2012 7:12:14 AM EST by LuckyDucky]
I found something on amendment interpretation.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=445716

It is, therefore, the official Opinion of the Attorney General that:

1. When two bills arising from the same legislative session are passed into law and address the same statute, the later-enacted statute controls if the two cannot be harmonized. Pickett v. Okla. Dep't of Human Serv., 932 P.2d 543, 545 (Okla. 1996).

2. Where there is an irreconcilable conflict between two statutes, the earlier provision will be repealed by the later one. City of Sand Springs v. Dep't of Pub. Welfare, 608 P.2d 1139, 1151 (Okla. 1980).


So it still depends on what a court says (i.e. do you want to be the test case?) but I would say if you have a permit at all, you can carry however you want, but if you are from a constitutional carry state, you can only carry concealed.

However, to be safe (i.e. if you don't want to be a test case), just carry concealed.

The most favorable interpretation would be that you can carry however you want if you have a permit or are from a constitutional carry state, but I'd be surprised if a court interpreted the amendments that way.
Link Posted: 11/17/2012 7:05:36 AM EST
that's some good homework there.

I'd like to ask my step dad, licensed in most states around here, but he's rabidly anti gun and I know he wouldnt help me with any legwork.
Link Posted: 11/20/2012 3:47:35 PM EST
Simple. You can carry in OK as if you were licensed there.

Link Posted: 11/20/2012 4:08:46 PM EST
Originally Posted By txinvestigator:
Simple. You can carry in OK as if you were licensed there.



I asked the OK AG's office, and OSBI. both said ask the other.
A lawyers said it does appear that you reciprocity reads that way.

See my thread in OK HTF. Much more info there.

Link Posted: 11/21/2012 2:46:30 AM EST
Originally Posted By maggiethecat:
Originally Posted By txinvestigator:
Simple. You can carry in OK as if you were licensed there.



I asked the OK AG's office, and OSBI. both said ask the other.
A lawyers said it does appear that you reciprocity reads that way.

See my thread in OK HTF. Much more info there.



They are NOT going to give you legal opinions.

No need to everythink or complicate.
Link Posted: 11/21/2012 11:00:29 AM EST
From an Oklahoma State Trooper: the new law essentailly changed the law from concealed carry to carry; meaning open or concealed.
The troopers are being told that a reciprocal license holder is good to go open or concealed.
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