Skip to comments.OCDO Press Rel. - Oklahoma Police-State Style “License Checks” Will Not Be Tolerated!
Posted on 06/07/2012 4:06:29 PM PDT by marktwain
OpenCarry.org Welcomes Oklahoma as Americas 44th Open Carry State
But Police-State Style License Checks Will Not Be Tolerated ---------
OpenCarry.orgs 28,000+ members join the Oklahoma Second Amendment Association (OK2A) in welcoming Oklahoma as Americas 44th open carry state. Though we are disappointed that the Oklahoma legislature saw fit to require a license to open carry, this reform is still a great step forward for freedom and self-defense rights.
But we are also alarmed that some Oklahoma law enforcement officials seem ready to hijack the license requirement as an excuse to violate gun owners Fourth Amendment rights. For example,
Midwest City police will check for permits when they encounter someone openly carrying a gun [chortles] Assistant Chief Sid Porter. When public safety comes up, that is No. 1, Porter said. If we see someone carrying a weapon in a holster, they have to have a permit on them and would be asked to show it. Anybody with a weapon on their side is considered a suspicious person.
OpenCarry.org co-founder and spokesperson John Pierce says that it sure looks like some Oklahoma police officials have missed the boat on basic Second and Fourth Amendment concepts. Earth to Oklahoma police: In the United States, guns are not contraband, and gun ownership is not suspicious, adds Pierce.
OpenCarry.org and OK2A join in urging Oklahoma Attorney General E. Scott Pruitt along with all Oklahoma county sheriffs and city police chiefs to ensure that all Oklahoma law enforcement officers are reminded that gun, or no gun, the Fourth amendment requires at least reasonable articulable suspicion of crime afoot before they may seize any a person. And this goes for license checks as well.
The US Supreme Court held in Delaware v. Prouse (440 U.S. 648) (1979)
that, except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment.
Applying Prouse and Terry to Oklahomas new open carry law, the police may not seize or detain open carriers just to demand production of a license to carry. Police officials must review Fourth Amendment basics before open carry becomes legal on November 1, warns Tim Gillespie, Director and Founder of the Oklahoma Second Amendment Association (OK2A). We will be watching the police, and if need be, we will conduct open carry freedom of movement exercises and file lawsuits if we detect unconstitutional practices aimed at chilling the right to open carry.
Media Contacts: John Pierce, co-founder and spokesperson, OpenCarry.org Tim Gillespie, Oklahoma Second Amendment Association, http://ok2a.org
Does this include the police?
I really like the way these groups are putting law enforcement on notice. This needs to happen more often and on more issues. We need citizen freedom fighters to protect the citizens from the police. Sad but very true.
Nevermind the indisputable fact that criminals carry concealed with a permit.
I meant WITHOUT a permit. I can’t believe I missed that.
Midwest City Police think whatever way they want to interpret any law is up to them, I rarely drive in Midwest City
“Anybody with a weapon on their side is considered a suspicious person.”
Does this include the police? “
You betcha. Especially so.
The state legislature screwed up on this one. They created a bad situation for citizens. There are going to be confrontations between police and open carrying citizens over this.
that is just the exactly opposite way to act and think regarding this...
we are all Americans, we all have the same rights under the constitution and law...
just because it is not in our area, does not mean we should not care!