In our last newsletter, you heard from Independent Program Attorney Edwin Walker on what was legal and not legal to add to your gun under federal. This newsletter Independent Program Attorney Robert Robles is here to tell you what attachments are legal and not legal to add to your firearm under state law.
Spring Break is here, and everyone is thawing out after a long winter. Before you take part in the festivities watch Independent Program Attorney Robert Robles instruct you on the law before you walk into a restaurant or bar with your firearm.
Bars and liquor stores are lumped into a class of businesses whose primary purpose is the sale of alcohol. Therefore, it is against the law in Oklahoma to enter a business whose primary purpose is the sale of alcohol while armed.
Entering a business, whose primary purpose is the sale of alcohol, with a firearm is a felony with up to two years in the prison and up to a $1,000.
There are no signs in the state of Oklahoma that are required by statute for a business to announce that its business is primarily the sale of alcohol.
Restaurants where the primary purpose is the sale of food, and whose ancillary purpose is also the sale of alcohol, are not required by law to say food is our primary purpose, so that is to be discovered individually.
If you are under the influence of these alcohol, legal, or illegal drugs you can be fined and charged with a misdemeanor.
What type of ammo is prohibited in the state of Oklahoma? Federal and State law prohibit armor-piercing ammunition in handguns. Armor piercing ammunition is A projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium. Armor piercing ammunition is also a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile. What does this do? It allows the bullet to obtain velocities to penetrate police body armor.
Oklahoma law also restricts the caliber of your carry weapon. Caliber of the ammunition must be .45 caliber or less. Any other type of ammunition does not have any particular legal consequences for using. However, the prosecutor could always argue the state of mind of the user of the ammunition. For example, the rest in peace bullets or Glazer safety slugs or other high-energy ammunition could be argued as more deadly than the average legal ammunition.
Robert Robles, Independent Program Attorney for Oklahoma, U.S. LawShield®
The state of Arizona has added language to its driver’s manual on how to respond to police during a traffic stop if drivers have guns with them. Here at U.S. LawShield of Oklahoma, we think that passing along such advice is a capital idea, and we wish to relate how Arizona is advising its armed drivers to react—and expand on that advice for our Sooner State Members.
The Arizona Driver License Manual now advises “… drivers with firearms in the vehicle should keep your hands on the steering wheel in a visible location, and when the officer approaches, let the officer know that you have a firearm in the vehicle and where the firearm is located. If requested, the officer may take possession of the weapon, for safety reasons, until the contact is complete.”
“This is fine as far as it goes,” says U.S LawShield Independent Program Attorney Robert Robles. “But I would like to expand on this. Here’s a checklist to keep you safe during a traffic stop when you have a gun in the car.”
1: Don’t Be Provocative
If you keep a firearm in your automobile, you should not allow yourself the luxury of losing your temper while driving. It is our experience that if you do, you are putting yourself at a significant risk of arrest even if you have done nothing illegal.
2: Don’t Display Your Firearm
Oklahoma law does not allow a person to intentionally display a firearm in response to being cut off by another car, being almost hit by another car on the freeway, or in response to provocation from another driver which does not amount to an immediate threat of death or bodily injury. In other words, if the other driver is just being a jerk, a bad driver, or both—you cannot display a firearm in response.
There have been numerous occasions where our Members have been involved in a traffic incident and the other driver calls 911. This driver then proceeds to speculate and make vague allegations. For example: “He pointed something that looked like a gun!”, “She put an object on the dashboard to intimidate me!”, or “I think they may have a gun!”
As a matter of standard procedure, the police will be dispatched. In our experience, if the police pull someone over under these circumstances and the driver does in fact have a legal firearm in their possession after this exchange of “roadway pleasantries,” they will likely be arrested with little or no evidence.
3: During the Stop
When you have an encounter in a traffic stop, keep your hands on the steering wheel.
4: Wait for the Officer
Wait for the police officer to come to the car, come to you, and ask you for your driver’s license, your liability insurance, your registration or any other official documents.
5: Disclose the Presence of a Firearm
Tell the police officer immediately, as you’re required under the Oklahoma statutes, that you are armed if, in fact, you are armed. If you’re not armed, you do not have to say anything about a concealed carry license.
6: Obey His Commands
When you tell the police officer you are armed, he will tell you either let me see your license or he will make some other response. Obey his command. Show him your license, as you’re required to have your license with you at all times.
7: Disclose If Passengers Are Armed
If you have passengers who are armed, tell the police officer. Always make sure that you know who is armed in your car.
8: Tell the Officer About Stored Firearms
If you have a gun in your car that is not in your possession, such as in the glove box or in the center console or in the trunk, feel free to tell the police officer if there are guns in the car, and he will ask you where are they and you tell them. You only have to show the police your concealed carry permit when he asks to see it.
9: Don’t Display a Firearm Unless Asked
If you happen to wonder if you have to show the police officer your gun, you don’t have to show him your gun unless requested. Under the statutes the only time a police officer can take your gun, examine it, remove the bullets, anything like that, is when he believes that there are other crimes going on. The police officer has to have probable cause to believe that you are DUI, you have possession of contraband, or something illegal is happening, such as you’re a fleeing felon from the scene of a bank robbery or some major crime.
10: No Warrant Needed for a Search
The police do not need a warrant to search your car or search your person. It’s called stop and frisk. It’s the Terry vs. Ohio exception to the warrant requirement of the Fourth Amendment. Do not tell the police officer to get a warrant because he’ll probably handcuff you, detain you, and do other unpleasant things. Remember, there is no warrant required for a police officer to stop and search, and this is an exception to the Fourth Amendment on that issue.
Oklahoma Legislative Update
In the video below, Robert Robles, independent program attorney for U.S. LawShield in Oklahoma, gives his legislative update and reviews new gun laws that take effect November 1 .
Hello. This is Robert Robles, attorney for U.S. LawShield in Oklahoma.
I’m going to review the highlights of the 2017 Oklahoma Legislature, and their activities concerning gun laws in the state of Oklahoma that take effect November 1, 2017. I’m going to read them to you.
And there are nine separate gun laws.
Number 1 – Senate Bill 35: Active military may carry a firearm using a military ID, plus an Oklahoma photo ID.
Number 2 – Senate Bill 36: Definition of a pistol was amended to allow single or multiple projectiles from a single round of ammunition.
Number 3 – Senate Bill 40: Felony Pointing, Section 1289.25 amended. Castle Doctrine and Stand Your Ground were amended. A person pointing a weapon, or a perpetrator at a work, perpetrator in self-defense, or in order to thwart, stop, or deter a forcible felony or attempted forcible felony, shall not be deemed of committing a criminal act.
Number 4 — Senate Bill 288, Driver Carry. Immediate immunity is extended to a business entity’s vehicle when a company driver is not prohibited by the company from carrying a firearm.
Number 5 — Senate Bill 397 repeals Paragraph (d) of 21 Oklahoma Statute Section 1903. Ten years in prison, and up to a $10,000 fine for carrying a firearm on a bus has been repealed.
Number 6 — House Bill 1104: Any elected county official may carry a firearm in the courthouse where they were elected.
Number 7 — House Bill 1550: Motorcycle Carry has been amended to include a motorcycle as a motor vehicle, for purposes of allowing it to have a locked compartment for the storage of firearms.
Number 8 — House Bill 2324: Amended state of authorization to shoot depredating animals (coyotes, feral hogs) from aircraft. You will need special permits from the Oklahoma Wildlife Commission.
Number 9 — House Bill 1428: Handgun Carry: Military Age Exemption Act, 18-year-old residents of the state of Oklahoma who are veterans of, or members of, the United States Armed Forces may carry a firearm in the state of Oklahoma.
Thank you very much.
Oklahoma Independent Program Attorney Robert Robles explains the laws in Oklahoma regarding guns and schools that you need to know as your kids get ready for back-to-school time:
Hi, this is Robert Robles, attorney from Oklahoma, to speak to you about the topic of guns in schools.
First off, it is not legal to carry your firearm on a college campus. There may be exceptions, such as designated gun ranges, or a campus may have a training facility authorizing the concealed carry or the open carry of firearms, but that is an exception. And also the university administrator or president may buy a special authorization to allow the concealed carry of firearms by licensed SDA carriers on a specific university, but these are all exceptions to the rule.
You can carry a firearm in your vehicle when you’re picking up your children, or dropping them off at school, and also, of course, you may leave a handgun in your car in a designated parking lot at the school. The firearm has to be out of sight, and the car has to be locked.
Now then, can you carry at a school-sponsored event? The law definitely does not prohibit carrying a firearm at a school-sponsored event as long as the event is not on the campus or the school grounds of either the elementary school, high school, or private school, or university.
The Self Defense Act does not allow you to carry a firearm onto a school bus, so be aware of that.
There are rules for teachers to carry firearms under the Self Defense Act. Mainly, the rules prohibit that actual carry if an independent school district allows teachers to carry under the Self Defense Act, there are rules and regulations, and advanced training for teachers and school employees to carry at schools which are allowed to have that program.
Thank you very much.
Law Shield Member Ambassador Sherry Hale:
Welcome members and fellow gun owners. In the last Members Voice video, our member Tyler witnessed a criminal breaking into his car. Tyler drew his gun and the bad guys ran away.
The legal questions started pouring in, and members, you wanted to know your legal rights in your state. So here’s your U.S. Law Shield Independent Program Attorney to give you insight on what the law says.
U.S. Law Shield of Oklahoma Independent Attorney Robert Robles:
Hi, this is Robert Robles, attorney from U.S. Law Shield here to talk to you today about what to do when someone is burglarizing your car in your driveway.
What I recommend is that you call 9-1-1. Call the police. Call the sheriff. Call legal authorities to help you stop this
burglary in progress.
Now what kind of force can you use? You can use reasonable force such as yelling at the person, telling them you’ve called the police, and make them go away, or if you are faced with deadly force, such as the burglar turning on you and coming at you with
screwdriver or with some object that he can inflict serious damage on you, you can stand your ground, meet his force with reasonable force, up to and including deadly force.
Now then, that means using your firearm. Can you detain the perpetrator until the police arrive? What does that mean? Can you pull a gun on him and put it in his back? Or put it on him and tell them stay right here as the police come? Yes you could do that, because you would be stopping a forcible felony in progress.
However, it is a very dangerous event and what are you going to do if the burglar turns around and starts to walk off or run away? If you shoot him in the back, you will be charged with either assault with a deadly weapon, shooting with intent to kill, or Lord forbid, murder in the second degree or some other crime.
If the burglar charges you, because you’ve tried to detain him, you pointed a gun at him, and you’re not adequately trained on what to do, and he takes the gun away from you, you then become in a battle for your life. So I highly recommend that you do not attempt to detain a burglar unless you’re trained to do so, either through military or police, or some other fashion, on how to disarm someone, or how to arrest someone. And it would be very helpful if you have handcuffs or other binders to hold this person in custody. But I don’t recommend you do that.
What happens if you’re in a public area and you encounter someone breaking into your car? You could use Stand Your Ground doctrine if the burglar attempts to come at you, or if the car is occupied by your children you could use the Castle Doctrine.
But if the car is unoccupied, you can only use reasonable force to meet whatever force the burglar is going to exhibit.
Law Shield Member Ambassador Sherry Hale:
Educating you is the cornerstone of U.S. Law Shield. Thank you for being a part of our family.
Any hunt where a coyote appears on the scene becomes a coyote hunt. That’s the mantra of hunters across the country, and for good reason. Coyotes may be small—around 20 to 50 pounds, depending on the region—but they are highly adaptable and opportunistic predators. Their jaws exert as much as 300 pounds of bite pressure, and although they frequently take down their prey alone, a team or pack can easily kill full-grown deer. In fact, studies show coyotes have a 50% to 85% predation rate on fawns, a truly devastating number. They do incredible damage to livestock, boldly snatch pets from the suburbs, and have even attacked and killed people. One such case took place in 1981, when a coyote entered the suburbs and dragged three-year-old Kelly Keen from the driveway of her California home. Although her father managed to rescue her, she succumbed to her injuries.
Yes, hunting coyotes is fun, but it’s more than that. It’s part of your responsibility as a hunter. Save a fawn, kill a coyote, right? However, coyotes are sharp. They’re cunning. In order to call coyotes effectively, you need the right gear. Take a look at our top five pieces of gear for honing your coyote-hunting skills.
Alps Outdoorz Horizon Hunting Stool
A successful coyote hunt requires many skills but one of the most important is the ability to hold still. It’s easier to be still with a comfortable seat, and it’s a lot easier to see what’s coming if your seat is capable of moving. Enter the Alps Outdoorz Horizon Hunting Stool.
The Horizon has a 360-degree swivel seat—a seat that’s thickly padded, a rather important detail since coyote hunting involves quite a bit of sitting and waiting. At 21-inch tall this stool has enough height to boost you and your line of sight above overgrown grass and shrubs while keeping you somewhat low to the ground. The powder-coated steel frame is dark so it will not reflect sunlight and give you away, and it’s sturdy enough to give the stool a weight capacity of up to 300 pounds. If you, like many hunters, use binoculars, a thermal monocular, or other assorted smaller pieces of gear, there’s a place to set them in this stool: the Horizon has a storage bag underneath its circular seat.
The one caveat is the stool’s total weight of 10.5 pounds; although it isn’t incredibly heavy it is rather sizeable. There is good news, though, because the team at Alps Outdoorz planned for this by designing the stool to be packable. The Horizon quickly folds flat and can then be carried using the attached padded shoulder strap. If you want a solid hunting stool this type of a design is a good option due to its ability to rotate 360 degrees, the four-sided storage area, and its durability. You can find it on Alps Outdoorz’ website here.
ICOtec GC500 E-Caller
If you intend to call coyotes, not just hope one wanders into range, you should consider a good e-caller. ICOtec is a slightly more recent arrival on the e-calling scene but they’ve proven their effectiveness time and time again. Their top-of-the-line model is the GC500, a portable, programmable predator caller with a variety of features designed to help you bring in coyotes from a distance.
The GC500 is small compared to many other e-callers—8-inchx4-inchx6-inch—and lightweight at two pounds. The unit has a flat dark earth type of finish which has blended well in terrain from the deserts of Nevada to the greenery of Wisconsin. It comes with a handheld remote that’s small enough to slip in your pocket and has raised buttons that can be operated with or without gloves. If you’re hunting at night, the remote can be backlit, a feature that’s come in handy on numerous occasions, and the antenna can be raised or collapsed as needed. As for the antenna, it’s actually one of this e-caller’s greatest features. The GC500 is listed as having a remote range of up to 300 yards but I’ve had success using the remote beyond 300 yards. Even better, it’s not a line-of-sight remote, meaning there won’t be any frantic waving or contorting so you won’t be forced to blow your cover attempting to operate the e-caller.
This model holds up to 200 calls—a number far beyond what most coyote hunters will ever use—and runs on four AA batteries. Six calls can be saved as favorites and you can name your calls whatever you wish when you program it. It’s .mp3 and .wav compatible. And if you want to use it in sync with decoys, you can, because there’s a jack on the GC500 where their AD400 Attachable Predator Decoy can be attached. The AD400 has an impressively quiet motor and a variety of speeds—and you can control those speeds with your remote. Once you’ve seen a coyote come in hard charging at that decoy, you’ll see the value of a moving, flickering object for bringing them in.
The GC500 has good sound, solid range, and portability on its side. It’s also kept running for me in sub-zero temperatures, and that’s not something every e-caller can claim. Check it out here.
Nomad Outdoor Camo
Yes, you can call coyotes wearing jeans and a tee shirt. I’ve done it, as have countless others. That said, it is true you will increase your chances of success by wearing camouflage, and not just any camouflage. Select the pattern of your camo based on the area you’re hunting so you blend in to your greatest ability. Select the brand of your camo based on its quality, comfort, and usability. That’s where Nomad comes in.
Nomad Outdoor offers a line of camo designed by guys who hunt hard and know their stuff (having seen them at it, I feel comfortable vouching for their high experience level). A favorite of mine is the Nomad Syncrate Hoodie, a midweight half-zip fleece that’s perfect for lessening the power of cutting winds. The hood can act as an additional buffer from the elements or added concealment and the wicking material provides extra comfort. It has a variety of features from pit zips to a safety harness port to a pair of zippable slash pockets. But the real reason Nomad’s jackets are a staple in my admittedly vast camo collection is that the sleeves have extended, angled cuffs to cover the backs of your hands. Even when you’re on your gun, the backs of your hands remain covered.
The team of seasoned hunters at Nomad has designed an ever-expanding line of camo for all seasons in a variety of patterns. It’s tough, well-made, and even covers the cool factor (if you care about that). Check it out here.
MFK Game Calls
Whether you prefer diaphragm calls over e-callers or simply enjoy having more than one option for calling coyotes, MFK Game Calls have you covered. If you don’t make diaphragm calls a regular part of your coyote-calling repertoire, it’s time to start. It’s a tried-and-true method for creating surprisingly realistic sounds in real time.
The guys at MFK include call maker and founder Torry Cook and pro-staffer Jason Groseclose, a pair with a long list of calling championships under their belts. They agree the MFK Pretty Deadly is a good option for new callers while remaining a great all-around choice as well. The Pretty Deadly is a single-reed caller that produces barks, whimpers, and howls. Because it’s lighter, air and tongue pressure are easier to control. Torry’s favorite is the MFK Competition Howler which is heavier and able to handle greater pressure.
Mastering mouth calls is a good idea for all coyote hunter and diaphragm calls are ideal because they’re highly portable even in larger numbers and because they allow the hunter to carefully control vocalizations. With a Pretty Deadly you can emit a quick bark to encourage a coyote to pause or howl to bring them in at which point you can make the caller’s name come true. Check out MFK here.
Hornady Superformance V-MAX
As Hornady puts it, speed kills. And when your ammo is fast—and precise—you’re more likely to drop that coyote as it sprints across your field of vision. Hornady’s Superformance V-MAX line was designed with varmint hunters in mind and comes in some of the most popular coyote-hunting calibers on the market: .223 Rem 53 grain, .222 Rem 50 grain, .22-250 50 grain, and .243 Win 58 grain. If your caliber of choice isn’t included the almost 70-year-old company manufactures other hunting rounds more than capable of getting the job done.
Hornady Superformance V-MAX holds a special place in my heart because it has proven capable of providing greater precision than most other brands of ammo in the majority of rifles I’ve reviewed (and that’s a big number). Nailing sub-half MOA five-shot groups with .223 Rem is enough to win anyone over. Although the exact velocity will vary according to your rifle’s barrel length and other factors, the .223 Rem rounds have a muzzle velocity of 3465 feet per second from a 24-inch test barrel and a muzzle energy of 1413 foot-pounds. The .22-250 rounds have a muzzle velocity of 4000 feet per second from a 24-inch test barrel.
These rounds feature polymer-tipped bullets designed for match accuracy and swift fragmentation for a clean kill. You provide the shot placement; Hornady Superformance V-MAX does the rest. Check it out here.
This is just a starting point. In addition to this gear you’d be wise to invest in thermal or night vision from a reputable company such as TNVC or FLIR, a face mask or face paint, and other items. Concealment through well-made gear and holding still is your goal. Then you need a quality rifle—check out the Remington 700—and calling equipment. Sure, you could wander into a clearing in jeans and a tee shirt toting your rifle and hope for the best, but wouldn’t you rather increase your chances? May the coyote-hunting odds be ever in your favor.
Make sure you know the hunting regulations in your state. U.S. Law Shield is here to help. Members of U.S. Law Shield’s Hunter Shield program have access to attorneys to get the answers as needed not only about coyote hunting but hunting and fishing in general. Members are also granted discounted entry into U.S. Law Shield Sportsman Law Seminars. Seminars include access to former game wardens and attorneys who are also seasoned hunters, among other things. Join today and broaden your hunting education as a sportsman and ensure your hunting and fishing questions are answered by trustworthy sources who are familiar with the law.
U.S. Law Shield Independent Program Attorney Robert Robles would like to remind you that, “In Oklahoma Coyotes are not listed as furbearers, therefore there is no need for a furbearing license. See Pg. 41 of the 2017 Hunting Regulations: A Coyote hunter needs a resident or non-resident hunting license to hunt/kill/take/possess Coyotes. Daylight hunting of Coyotes, any means; nighttime hunting, no artificial light and or/sight dog. It is open season on Coyotes year-round, no daily limit, no possession limit.” —by Kat Ainsworth, Contributor, Texas & U.S. Law Shield Blog
A recent national television report asserted that road-rage incidents are becoming more common and more deadly, with the latest incident taking place in Pennsylvania, in which a man is alleged to have shot and killed a teenage girl during a traffic merge. Click to watch level-headed advice from your Independent Program Attorney about what to do—and what not to do—in these situations.
Hello. This is Robert Robles here in Oklahoma City, Oklahoma on behalf of U.S. Law Shield. I’m an attorney for U.S. Law Shield, I’d like to talk to you today about what should you do if you’re involved in a road-rage incident.
I would first say try to avoid being in the situation at all costs, but if you should become involved in a road-rage incident, where someone is gesturing at you, perhaps making verbal threats at you, trying to run you off the road, following you, or trying to cut you off, or speeding up and slowing down in front of you, the best thing you should do is take every action that you can think of to de-escalate the situation.
If no weapons are involved, I recommend that you not call 9-1-1, unless the situation warrants such as someone wrecking into your car, scraping your car with their car, cutting you off, trying to drive you off the road, perhaps jump out and chase your car at a stoplight. If such a situation arises, lock your car doors, of course, and then call 9-1-1, because you are in danger, and your property is in danger, and the situation is getting out of hand. But as long as you are in control of the situation, I would personally not call 9-1-1.
Now if the police should stop you, and the other driver falsely accuses you of pointing a firearm at them, you’ll have to tell the police officer you have a firearm because if you have a concealed carry, you’ve got your gun with you. Tell him you’ll make a statement after talking to your lawyer.
Your lawyer is on 24-hour call, and you can simply make a call to U.S. Law Shield and get instructions on what to do next.
The best way to avoid such a situation or confrontation, is to always take active measures to de-escalate the situation. Turn away. Pick an alternative route and perhaps go drive in the direction of a police station or some crowded avenue.
Thank you very much and this is Robert Robles on behalf of U.S. Law Shield.
The short answer is, “Yes,” according to Independent Program Attorney Robert Robles. However, the Sooner State supplies a lot of legal protection for people against such suits. Click the video below to get the details.