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  • Oklahoma Department of Corrections?

    What local procedures have your institutions created in order to be in compliance with DOC policy and state law regarding the Oklahoma Self-Defense Act?

    http://www.doc.state.ok.us/Offtech/op110214.htm

    D. Weapon Possession


    Signs will be posted at each entrance into all probation and parole district and sub-offices and administrative offices stating, "You are now entering a state office. It is unlawful for any person having a valid concealed handgun licensed issued pursuant to the provisions of the Oklahoma Self-Defense Act to carry any concealed weapon unto these premises. Any violation is a misdemeanor punishable by fine, jail, or both and will subject the violator to having the concealed handgun license permanently revoked. IAW 21 O.S. 1277"



    All facilities will develop local procedures for collecting and securing all handguns carried by employees or visitors. Facilities will post signs, which inform employees and visitors that any firearm carried pursuant to the Oklahoma Self-Defense Act must be immediately declared and secured. Signs should additionally contain a directive for employees and visitors to follow, which implements the local procedure for declaring and securing firearms.



    Unauthorized possession, display, or use of a weapon by commissioned employees inconsistent with departmental procedures will be construed as a threat or act of violence and will be responded to in accordance with this procedure. Pending resolution of any investigation and evaluation due to conduct prohibited by this procedure, commissioned officers will have their commissions withdrawn.
    "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

  • #2
    Wellllllll... None.


    There are 4 lockboxes in One Tower were Police (and Visitors) can store their weapons. I haven't really asked yet but I bet if I did, I would be ordered to leave it at home. I think that is ****ed up, but being the FNG I don't want to tick anyone off.

    The sign says for all visitors with CCW's to check their firearms at the East Gate, but I know the lockboxes and the "Unloading Trashcan" are at One Tower. I believe there are 4 lockboxes at the tower. You check your weapon and the One Tower officer will give you a "receipt"

    Again,

    haven't tried and and don't particularly want to ask the Captain. I might ask the guy that generally works that tower to see if it happens a lot.
    Last edited by OkieCory; 05-31-2007, 12:59 AM. Reason: .
    OkieCory

    Comment


    • #3
      Sounds to me like they may be using good old fashioned intimidation to avoid doing what law and policy requires them to do. It's a very old story. ACA and the inmates don't care about it, so most DOC administrators won't care about it I'm sure.

      It will probably take some DOC employee who is a member of the National Rifle Association and the Oklahoma Rifle Association to make an issue of it and cause those organizations to bring legal action to correct the situation. Or perhaps some old hand who is finished promoting and could retire at his or her leisure to fix it through the agency grievance process bofore the NRA-ORA take legal action.
      Last edited by hankrearden2000; 05-31-2007, 11:07 AM. Reason: Addition.
      "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

      Comment


      • #4
        This would get you in hot water with the admin. Unless your a Deputy there to pick up/drop off an I/M for writ. Then your not even supposed to have a weapon in your POV at my facility. And this even includes Teflon Mike.
        It's a CERT thing. You wouldn't understand.

        Comment


        • #5
          So, the administration gets away with violating state law and DOC policy there too. No offense intended, but you OK DOC people need to grow some nuts and badger the agency into complying with state law and it's own policy on this. You have all of the legal tools in place. It's just a matter of holding the thughuggers' feet to the fire.

          For comparison purposes, here's how they do it in the Texas prison system:

          http://info.sos.state.tx.us/pls/pub/...6&ch=151&rl=21

          Texas Administrative Code


          TITLE 37 PUBLIC SAFETY AND CORRECTIONS
          PART 6 TEXAS DEPARTMENT OF CRIMINAL JUSTICE
          CHAPTER 151 GENERAL PROVISIONS
          RULE §151.21 Weapons Policy

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

          (a) Policy.

          (1) The Texas Department of Criminal Justice (TDCJ) requires that all persons carrying a firearm shall unload and safely secure the firearm prior to entering a TDCJ correctional facility. For purposes of visiting a TDCJ correctional facility, a peace officer, a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, or a person who is otherwise authorized to carry a deadly weapon shall unload and secure the weapon(s) in the locked trunk of a vehicle, or a locked compartment of a vehicle if the vehicle does not have a trunk, immediately upon parking or while stopped at the first security checkpoint, whichever occurs first. A peace officer may also store his weapon in any other TDCJ authorized location prior to entering the perimeter fence.

          (2) It is a felony under the Penal Code:

          (A) to possess a deadly weapon while in a correctional facility, unless the person possessing the deadly weapon is a peace officer or is an officer or employee of the correctional facility authorized to possess the deadly weapon while on duty or traveling to or from the person's place of assignment;

          (B) to provide a deadly weapon to an inmate of a correctional facility;

          (C) to possess or go with a firearm, illegal knife, club, or other prohibited weapon, within 1,000 feet of premises the location of which is designated by TDCJ as a place of execution under Article 43.19, Code of Criminal Procedure, on a day that a sentence of death is set to be imposed on the designated premises and the person received notice that:

          (i) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or

          (ii) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited; or

          (D) for a person licensed to carry a handgun under Subchapter H, Chapter 441, Government Code to carry a handgun on the premises of a correctional facility, regardless of whether the handgun is concealed.

          (3) Except as provided in subsection (c) of this section an employee of TDCJ is prohibited from carrying a firearm in a state-owned vehicle, or on his person, or in his personal vehicle while on duty. An employee who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code is subject to the statutes described in subsection (a)(2) of this section and:

          (A) is prohibited from carrying the handgun in a state-owned vehicle, or on his person or in his personal vehicle while on duty;

          (B) shall comply with paragraph (1) of this subsection when approaching a correctional facility; and

          (C) shall ensure that the gun is secured in the locked trunk of a personal vehicle, or a locked compartment if the vehicle does not have a trunk, before exiting the vehicle to enter any TDCJ office space.

          (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

          (1) Correctional Facility--A confinement facility operated by or under contract with TDCJ, and a community corrections facility operated by a community supervision and corrections department. The premises of a correctional facility means a building or portion of a building.

          (2) Deadly weapon--A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

          (3) Exempt employee--An employee in the position of warden, assistant warden, or an administrative position eligible for custodial officer certification and hazardous duty pay under §151.51(d)(1)(D) of this title (relating to Custodial Officer Certification and Hazardous Duty Pay Guidelines).

          (4) Firearm--Any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

          (5) Handgun--Any firearm that is designed, made, or adapted to be fired with one hand.

          (c) Exceptions.

          (1) An exempt employee may carry a firearm in a State-owned vehicle for purposes of responding to emergency situations involving inmates or confinees, or on his person in the event of an actual emergency situation.

          (2) State-owned housing, other than Bachelor Officers' Quarters, is excepted from this rule, only to the extent that weapons are secured under lock and key within the house.

          (3) An employee may carry a weapon(s) on duty if the employee is a peace officer in the Office of Inspector General or possesses the weapon(s) in accordance with:

          (A) the Use of Force Plan;

          (B) Parole Division policy authorizing certain parole officers to carry firearms under Occupations Code §1701.257; or

          (C) other applicable agency policy.

          (4) The written consent of the executive director or his designee to an employee is effective to create an exception from this rule.

          (d) Duties of the Executive Director.

          (1) The executive director shall ensure that agency policies are consistent with this rule. Policies adopted to ensure the safety and security of correctional facilities may be more restrictive than this rule and may encompass weapons not covered by this rule.

          (2) The executive director shall ensure that signs are posted in English and Spanish to provide adequate notice of the substance of this section.


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

          Source Note: The provisions of this §151.21 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective February 5, 2004, 29 TexReg 1212

          Like the song says, "God blessed Texas with His own hands..."
          "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

          Comment


          • #6
            This because of policy go look at the policy 040101 and also 040106-01.
            It's a CERT thing. You wouldn't understand.

            Comment


            • #7
              I assume you are talking about this:

              http://www.doc.state.ok.us/Offtech/op040101.pdf

              It is unlawful for any person to possess or store a firearm in a prison or other place where prisoners are located without authority (which the legislature created in the Oklahoma Self-Defense Act) to do so (57 O.S. Section 21 (A)). Persons transporting or storing unauthorized firearms in a locked vehicle in parking areas where inmates are located will be subject to prosecution and/or disciplinary action. All parking areas on the grounds of or adjacent to a Department of Corrections (DOC) facility or a facility that houses Oklahoma inmates or a building leased by DOC that uses inmates as work crews pursuant to Oklahoma law, shall be considered to be an “area where inmates are located”.
              The problem with that is 57 O.S. 21 (A) predates the Oklahoma Self-Defense Act by many, many years. About 25 years if memory serves me. The SDA altered the provisoins of 57 O.S. 21 (A) when it created this exception to the prohibition:

              http://www.osbi.state.ok.us/PublicSe...wbook_2005.pdf

              TITLE 21 § 1277. Unlawful carry in certain places
              UNLAWFUL CARRY IN CERTAIN PLACES

              A. It shall be unlawful for any person in possession of a valid concealed
              handgun license issued pursuant to the provisions of the Oklahoma
              Self-Defense Act, Section 1290.1 et seq. of this title, to carry any
              concealed handgun into any of the following places:

              1. Any structure, building, or office space which is owned or leased
              by a city, town, county, state, or federal governmental authority for
              the purpose of conducting business with the public;

              2. Any meeting of any city, town, county, state or federal officials,
              school board members, legislative members, or any other elected
              or appointed officials;

              3. Any prison, jail, detention facility or any facility used to process,
              hold, or house arrested persons, prisoners or persons alleged
              delinquent or adjudicated delinquent;


              4. Any elementary or secondary school, or technology center school
              property;

              5. Any sports arena during a professional sporting event;

              6. Any place where pari-mutuel wagering is authorized by law; and
              7. Any other place specifically prohibited by law.

              B. For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this
              section, the prohibited place does not include and specifically excludes
              the following property
              :

              a. any property set aside for the use of any vehicle, whether attended
              or unattended, by a
              city, town, county, state, or federal
              governmental authority,

              b. any property set aside for the use of any vehicle, whether attended
              or unattended, by any entity offering any professional sporting
              event which is open to the public for admission, or by any entity
              engaged in pari-mutuel wagering authorized by law,

              c. any property adjacent to a structure, building, or office space in
              which concealed weapons are prohibited by the provisions of this
              section,
              and

              d. any property designated by a city, town, county, or state,
              governmental authority as a park, recreational area, or fairgrounds;
              provided nothing in this subparagraph shall be construed to
              authorize any entry by a person in possession of a concealed
              handgun into any structure, building, or office space which is
              specifically prohibited by the provisions of subsection A of this
              section.

              Nothing contained in any provision of this subsection shall be construed to
              authorize or allow any person in control of any place described in paragraph
              1,
              2, 3, 5 or 6 of subsection A of this section to establish any policy or rule that has
              the effect of prohibiting any person in lawful possession of a concealed handgun
              license from possession of a handgun allowable under such license in places
              described in paragraph a, b, c or d of this subsection.
              It's quite simple. The legislature in about 1970 created a statute (57 O.S. 21 (A)) making it unlawful to possess a firearm where prisoners are located. Then in 1995 the legislature created one exception to that statute in the form of another statute (21 § 1277) which is a part of a group of statutes known collectively as the Oklahoma Self-Defense Act.
              "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

              Comment


              • #8
                Right now it is at DOC legal as to if we can get our CCW with our CLEET cert. And that we can carry off duty. If it goes through then the CCW would only cost those of us that are CLEET cert. $25. Still can't get the warden to write a simple letter to send to OSBI.
                It's a CERT thing. You wouldn't understand.

                Comment


                • #9
                  You know that you will be covered by the LEOSA of 2004?

                  I assume that you have Felony Mike working on correcting this situation?
                  Last edited by hankrearden2000; 06-04-2007, 10:20 AM.
                  "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

                  Comment


                  • #10
                    Yes Felony Mike is working on this and has been for about the last 6 months. As far as being covered under LEOSA of 2004 I am not sure. I would hope that we are since we are CLEET certified. But you kn know ODOC. They only do what they want when they want it to fit their needs.
                    It's a CERT thing. You wouldn't understand.

                    Comment


                    • #11
                      The question as to whether you qualify is answered right here, in plain English--whether the Warden or Justin Jones like it or not. I bet that you, being CLEET certified, meet each qualification.


                      http://www.leaa.org/218/218text.html

                      `(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

                      `(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

                      `(2) is authorized by the agency to carry a firearm;

                      `(3) is not the subject of any disciplinary action by the agency;

                      `(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

                      `(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

                      `(6) is not prohibited by Federal law from receiving a firearm.
                      "Keep up the good fight, pass the word, and teach others to fight back when unjustly assaulted--be it on the street or in the courtroom. Self-defense is a normal, moral act. So teach your family, friends, and students practical defense against both physical and legal marauders." by Jerry VanCook www.PrisonOfficer.Org

                      Comment

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