Opinion No. 75-168

Oklahoma Attorney General Reports

Opinion No. 75-168

DecidedJanuary 9, 1975

StatusPublished

This text of Opinion No. 75-168 (Opinion No. 75-168) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion No. 75-168, (Okla. Super. Ct. 1975).

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RAILROAD POLICE — WEAPONS **** RAILROAD POLICEMEN EMPLOYED AND PERFORMING DUTIES PURSUANT TO 66 O.S. 1971 183 [66-183], MAY CARRY FIREARMS. ANY PERSON REGISTERED BY A LAWFULLY RECOGNIZED GOVERNMENTAL ENTITY AUTHORIZED BY STATUTE OR ORDINANCE TO REGISTER SECURITY GUARDS WOULD BE CONSIDERED A "REGISTERED SECURITY OFFICER" UNDER 21 O.S. 1971 1289.8 [21-1289.8] SINCE A RAILROAD POLICEMAN HAS THE POWERS OF A PEACE OFFICER, IT IS NOT NECESSARY TO DETERMINE WHETHER A RAILROAD POLICEMAN IS A "REGISTERED SECURITY OFFICER". IT IS CLEAR THAT A RAILROAD POLICEMAN COMES WITHIN THE LAW "LAW ENFORCEMENT OFFICER" EXCEPTION CONTAINED IN SECTION 1289.8, TITLE 21 O.S. 1971 1289.2 [21-1289.2] DOES NOT CONSTITUTE A GRANT OF AUTHORITY TO CARRY AND USE FIREARMS. ALTHOUGH CORPORATE PROPERTY IS ENTITLED TO THE SAME PROTECTION AS PROPERTY BELONGING TO AN INDIVIDUAL, A PERSON USING OR CARRYING A FIREARM TO DEFEND OR PROTECT CORPORATE PROPERTY MUST DO SO IN CONFORMITY WITH THE STATUTES AND CASE LAW.

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RAILROAD POLICE — WEAPONS **** RAILROAD POLICEMEN EMPLOYED AND PERFORMING DUTIES PURSUANT TO 66 O.S. 1971 183 [66-183], MAY CARRY FIREARMS. ANY PERSON REGISTERED BY A LAWFULLY RECOGNIZED GOVERNMENTAL ENTITY AUTHORIZED BY STATUTE OR ORDINANCE TO REGISTER SECURITY GUARDS WOULD BE CONSIDERED A "REGISTERED SECURITY OFFICER" UNDER 21 O.S. 1971 1289.8 [21-1289.8] SINCE A RAILROAD POLICEMAN HAS THE POWERS OF A PEACE OFFICER, IT IS NOT NECESSARY TO DETERMINE WHETHER A RAILROAD POLICEMAN IS A "REGISTERED SECURITY OFFICER". IT IS CLEAR THAT A RAILROAD POLICEMAN COMES WITHIN THE LAW "LAW ENFORCEMENT OFFICER" EXCEPTION CONTAINED IN SECTION 1289.8, TITLE 21 O.S. 1971 1289.2 [21-1289.2] DOES NOT CONSTITUTE A GRANT OF AUTHORITY TO CARRY AND USE FIREARMS. ALTHOUGH CORPORATE PROPERTY IS ENTITLED TO THE SAME PROTECTION AS PROPERTY BELONGING TO AN INDIVIDUAL, A PERSON USING OR CARRYING A FIREARM TO DEFEND OR PROTECT CORPORATE PROPERTY MUST DO SO IN CONFORMITY WITH THE STATUTES AND CASE LAW.

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Opinion No. 75-168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-75-168-oklaag-1975.