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Posted: 11/17/2007 3:34:21 PM EDT
ok guys I was wanting another opinion, in dispatch the other day we got in to a rather heated debate,
on if its legal to carry an ASP in okla?
my opinion is NO,
it falls under hollowpipe/loaded cane and isn`t legal,but I don`t have the new edition of okla laws so I can`t look it up.
Link Posted: 11/17/2007 5:28:44 PM EDT
[#1]
Oklahoma Statutes Citationized
 Title 21. Crimes and Punishments
   Chapter 53 - Manufacture, Sale, and Wearing of Weapons
       Section 1272 - Unlawful Carry
Cite as: O.S. §, __ __


--------------------------------------------------------------------------------



A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:

1. The proper use of guns and knives for hunting, fishing, educational or recreational purposes;

2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;

3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;

4. The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts; or

5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, "living history reenactment" means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.

B. Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1276 of this title.

Regardless of the statute, I still think it is a little iffy.  But, by how I read it I would say the ASP is technically considered an illegal weapon as it meets none of the exceptions listed (except for LE obviously.)  I personally would decide on scene based on the situation in which I contacted the person with the ASP and who they are.  If it is a paranoid soccer mom I honestly do not think she would have evil intent with the weapon.  But that is just me.
Link Posted: 11/18/2007 4:47:54 PM EDT
[#2]
You can carry a gun with the SDA license but not a switch blade or a black jack. That is just the way it is.
However, I made my MIL a club from a shovel handle, filled both ends up with lead. She carries it walking just in case a dog comes after her when she does her daily walk.
She's 79, waves at the Village police when they go by, and nothing has ever been said.
Going strictly by the SDA act, she's illegal doing that.
Link Posted: 11/20/2007 11:41:31 PM EDT
[#3]
Our da's have said that the friction lock baton would fall into the billy or blackjack. Ant there fore illegal. They did not like it when I asked if they could show me an exemption to allow security guards to carry one.............
Link Posted: 11/22/2007 7:04:46 PM EDT
[#4]

Quoted:
Our da's have said that the friction lock baton would fall into the billy or blackjack. Ant there fore illegal. They did not like it when I asked if they could show me an exemption to allow security guards to carry one.............


I would think that a USG wouldn't be able to carry one but an ASG would. Possibly not, but if the answer was NO to ASG's then I could see how that would open up a whole new line of questioning.
Link Posted: 11/25/2007 1:27:17 PM EDT
[#5]
I waa told by local police officers that carrying an ASP wasn't illegal.
I had asked in the context of jogging rurally for defense against dogs.
Carrying it as a DEFENSIVE weapon might change the context.
Link Posted: 11/25/2007 5:32:47 PM EDT
[#6]

Quoted:
I waa told by local police officers that carrying an ASP wasn't illegal....


And police never lie, do they? Or always know what the law is.
Link Posted: 11/30/2007 5:34:49 PM EDT
[#7]

Quoted:

Quoted:
I waa told by local police officers that carrying an ASP wasn't illegal....


And police never lie, do they? Or always know what the law is.


Well I don't think they were lying but yeah...they might not know the law.
Two local jursidictions say "okay" but that is certainly far from a judges opinion, I'll grant ya' that.
Link Posted: 12/1/2007 7:54:49 AM EDT
[#8]

Quoted:

Quoted:
I waa told by local police officers that carrying an ASP wasn't illegal....


And police never lie, do they? Or always know what the law is.


Dan, Dan, Dan, you calling my wife a liar? Careful now or I'll have her taze you bro!

I think its more likely that they will have individual perceptions of what the law states. Thats a bad situation to be in anyway you look at it. Us peons will never win in a situation like that.
Link Posted: 12/2/2007 8:27:49 PM EDT
[#9]

Quoted:

Quoted:

And police never lie, do they? Or always know what the law is.


Dan, Dan, Dan, you calling my wife a liar? Careful now or I'll have her taze you bro!

I think its more likely that they will have individual perceptions of what the law states. Thats a bad situation to be in anyway you look at it. Us peons will never win in a situation like that.


Chuck, it is not against the law for LEOs to tell lies when doing investigative work. And it doesn't seem to be against the law for government bureaucrats to lie to the public.
NEVER take a LEO's word when it comes to an interpretation of the law. They may be mistaken  (or downright misleading you!) and it's your ass that will get fried if you don't double check.
That's my point.
Link Posted: 12/3/2007 4:32:26 AM EDT
[#10]

Quoted:

Quoted:

Quoted:

And police never lie, do they? Or always know what the law is.


Dan, Dan, Dan, you calling my wife a liar? Careful now or I'll have her taze you bro!

I think its more likely that they will have individual perceptions of what the law states. Thats a bad situation to be in anyway you look at it. Us peons will never win in a situation like that.


Chuck, it is not against the law for LEOs to tell lies when doing investigative work. And it doesn't seem to be against the law for government bureaucrats to lie to the public.
NEVER take a LEO's word when it comes to an interpretation of the law. They may be mistaken  (or downright misleading you!) and it's your ass that will get fried if you don't double check.
That's my point.


You know that I work for the .gov.  I'm really just here to help
Link Posted: 12/3/2007 4:37:43 AM EDT
[#11]

Quoted:

Quoted:

Quoted:

Quoted:

And police never lie, do they? Or always know what the law is.


Dan, Dan, Dan, you calling my wife a liar? Careful now or I'll have her taze you bro!

I think its more likely that they will have individual perceptions of what the law states. Thats a bad situation to be in anyway you look at it. Us peons will never win in a situation like that.


Chuck, it is not against the law for LEOs to tell lies when doing investigative work. And it doesn't seem to be against the law for government bureaucrats to lie to the public.
NEVER take a LEO's word when it comes to an interpretation of the law. They may be mistaken  (or downright misleading you!) and it's your ass that will get fried if you don't double check.
That's my point.


You know that I work for the .gov.  I'm really just here to help


But you ain't a professional bureaycrat. You ain't nothing but a paid killer out to pasture teaching the wannabe killers how to do it right.
Sadly though, from what I saw in doing contract work for federal agencies, it's a snake pit when you start moving up the bureaucratic ranks.
Just like this new illegal immigrant law OKlahoma now has. It is just paper, and not really a law.
Laws are enforced, this isn't. So who lied to who on this deal?
Link Posted: 12/3/2007 5:47:08 AM EDT
[#12]

Quoted:

Quoted:

Quoted:

Quoted:

Quoted:

And police never lie, do they? Or always know what the law is.


Dan, Dan, Dan, you calling my wife a liar? Careful now or I'll have her taze you bro!

I think its more likely that they will have individual perceptions of what the law states. Thats a bad situation to be in anyway you look at it. Us peons will never win in a situation like that.


Chuck, it is not against the law for LEOs to tell lies when doing investigative work. And it doesn't seem to be against the law for government bureaucrats to lie to the public.
NEVER take a LEO's word when it comes to an interpretation of the law. They may be mistaken  (or downright misleading you!) and it's your ass that will get fried if you don't double check.
That's my point.


You know that I work for the .gov.  I'm really just here to help


But you ain't a professional bureaycrat. You ain't nothing but a paid killer out to pasture teaching the wannabe killers how to do it right.
Sadly though, from what I saw in doing contract work for federal agencies, it's a snake pit when you start moving up the bureaucratic ranks.
Just like this new illegal immigrant law OKlahoma now has. It is just paper, and not really a law.
Laws are enforced, this isn't. So who lied to who on this deal?


Damn Dan, I like that. i might just have to steal it for a signature
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