Posted: 6/15/2010 5:42:28 PM EDT
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Assume that I have a Concealed Carry Permit and I'm in the car with someone who doesn't. Assume I have my weapon in the center console.
1) If the other person knows it's there, say because I told them, have I broken any law? 2) If we stop so I can go into a convenience store and a bad guy comes at me with a knife, can my passenger take out my weapon and defend me? Similarly, say I'm out for a walk with a non permit holder and I have my weapon on me, concealed. 3) If the other person knows it's there, say because I told them, have I broken any law? 4) If we are attacked and I am thrown to the ground can the other person take out my weapon and defend me? I'm not concerned about these exact scenarios, only about the principles behind them. |
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Quoted:
.1–– No .2–– Wife , Kid , My Lover , Mother , Father ––- I say Yes UMM try again....You can as the CHL holder but they can end up in whole heap shit if they don't have theirs. .3–– 
.4–– I say the same as #2 UMM try again....You can as the CHL holder but they can end up in whole heap shit if they don't have theirs. Sorry but I disagree. |
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Quoted:
Quoted:
.1–– No .2–– Wife , Kid , My Lover , Mother , Father ––- I say Yes UMM try again....You can as the CHL holder but they can end up in whole heap shit if they don't have theirs. .3––
.4–– I say the same as #2 UMM try again....You can as the CHL holder but they can end up in whole heap shit if they don't have theirs. Sorry but I disagree. Ending up in a whole heap of shit is a lot better than ending up in a hole. There is no guarantee a DA will or will not prosecute under the circumstances in #2 and #4. |
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Oklahoma Statutes:
§22 31. Who may resist. Lawful resistance to the commission of a public offense may be made: 1. By the party about to be injured. 2. By other parties. R.L.1910, § 5556. §22 32. Resistance by party to be injured. Resistance sufficient to prevent the offense may be made by the party about to be injured: 1. To prevent an offense against his person or his family, or some member thereof. 2. To prevent an illegal attempt, by force, to take or injure property in his lawful possession. R.L.1910, § 5557. |
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1 no
2 yes 3 no 4 yes As far as I understand the SDA, It says "Any person who is the operator of a vehicle OR IS THE Passenger wherein another person who is licensed purduant to the OK SDA to carry a concealed handgun and is carrying a concealed handgun or hasconcealed a handgun or rifle or shotgun in such vehicle shall NOT BE DEEMED in violation of the provisions of this section provided the licensee is IN or NEAR the vehicle" That is title 21 1289.13. Transporting a loaded firearm. I'm just wondering how many of you ever read the SDA. You should be good to go. I'm no lawyer but that is the way I translate it. mp |
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Quoted:
1 no 2 yes 3 no 4 yes As far as I understand the SDA, It says "Any person who is the operator of a vehicle OR IS THE Passenger wherein another person who is licensed purduant to the OK SDA to carry a concealed handgun and is carrying a concealed handgun or hasconcealed a handgun or rifle or shotgun in such vehicle shall NOT BE DEEMED in violation of the provisions of this section provided the licensee is IN or NEAR the vehicle" That is title 21 1289.13. Transporting a loaded firearm. I'm just wondering how many of you ever read the SDA. You should be good to go. I'm no lawyer but that is the way I translate it. mp I've read the sda regs at least 3 or 4 times. I remember that passage, but I believe it refers to the CHL holder either as passenger or driver. Not and "unlicensed" passenger. I am not a lawyer either. I guess we need to get one our attorneys to voice their understanding here. |
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You should keep your CCW with you at all times if possible. I've sat through more than one concealed carry course, and heard more than one interpretation of that section. Questions 1 and 3 are definitely no, you aren't breaking the law just because you let your companion know you're carrying.
If in fact you were in a deadly force situation and your passenger or companion had to defend their life, as long as the situation JUSTIFIED the use of deadly force I don't think you're going to have a problem. However, that's my opinion not the DA of the area you are in when it happens. I'd say you would not be in any trouble in any case you listed but depending on the mood and PC attitude of the DA and responding officers your companion could be. This is going to be the case in any deadly force encounter anyway. However, at least in scenario 4 who is to say that once the perp is done with you they won't move on to your companion. Just because they don't have a CCW license that doesn't mean they don't have the right to defend themselves as necessary. Jason |
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Quoted: You should keep your CCW with you at all times if possible. I've sat through more than one concealed carry course, and heard more than one interpretation of that section. Questions 1 and 3 are definitely no, you aren't breaking the law just because you let your companion know you're carrying. If in fact you were in a deadly force situation and your passenger or companion had to defend their life, as long as the situation JUSTIFIED the use of deadly force I don't think you're going to have a problem. However, that's my opinion not the DA of the area you are in when it happens. I'd say you would not be in any trouble in any case you listed but depending on the mood and PC attitude of the DA and responding officers your companion could be. This is going to be the case in any deadly force encounter anyway. However, at least in scenario 4 who is to say that once the perp is done with you they won't move on to your companion. Just because they don't have a CCW license that doesn't mean they don't have the right to defend themselves as necessary. Jason On the subject of someone else having to defend you or themselves with your sidearm should something happen to you. You would probably be ok unless your having to deal with David Prater . |