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Date: 08-23-2021
Case Style:
Case Number: CF-2021-1620
Judge: CF Docket B
Court: In the District Court in and for Tulsa County, Oklahoma
Plaintiff's Attorney: Tulsa County District Attorney’s Office
Defendant's Attorney:
Description: Tulsa, Oklahoma criminal defense lawyer, Rob Henson, represented Defendant charged with: Outcome: 08-23-2021 DEFERRED Plaintiff's Experts: Defendant's Experts: Comments:
Count # 1. Count as Filed: OWPN, CARRYING WEAPON WHERE ALCOHOL IS SERVED, in violation of 21 O.S. 1272.1
Date of Offense: 04/07/2021
Party Name Disposition Information
HOLMES, TRACY RENEE Disposed: DEFERRED, 08/23/2021. Guilty Plea
Count as Disposed: CARRYING WEAPON WHERE ALCOHOL IS SERVED(OWPN)
Violation of 21 O.S. 1272.1
This Statute Will Be Superceded
Effective: 11/01/2021
A. It shall be unlawful for any person to carry or possess any weapon designated in Section 1272 of this title in any establishment where low-point beer, as defined by Section 163.2 of Title 37 of the Oklahoma Statutes, or alcoholic beverages, as defined by Section 506 of Title 37 of the Oklahoma Statutes, are consumed. This provision shall not apply to a peace officer, as defined in Section 99 of this title, or to private investigators with a firearms authorization when acting in the scope and course of employment, and shall not apply to an owner or proprietor of the establishment having a pistol, rifle, or shotgun on the premises. Provided however, a person possessing a valid handgun license pursuant to the provisions of the Oklahoma Self-Defense Act may carry the concealed or unconcealed handgun into any restaurant or other establishment licensed to dispense low-point beer or alcoholic beverages where the sale of low-point beer or alcoholic beverages does not constitute the primary purpose of the business.
This Statute Will Go Into Effect
On: 11/01/2021
CARRYING FIREARMS WHERE LIQUOR IS CONSUMED
A. It shall be unlawful for a person to carry or possess any weapon designated in Section 1272 of this title in any establishment where the sale of alcoholic beverages, as defined by Section 1-103 of Title 37A of the Oklahoma Statutes, constitutes the primary purpose of the business. This provision shall not apply to:
1. A peace officer, as defined in Section 99 of this title, or private investigator or armed security guard with a firearms authorization when acting in the scope and course of employment;
2. An owner or proprietor of the establishment; or
3. An employee of the establishment who has permission from the owner or proprietor of the establishment to carry or possess a weapon while in the scope and course of employment.
B. It shall be lawful for a person to carry or possess any weapon designated in Section 1272 of this title into any restaurant or other establishment licensed to dispense alcoholic beverages where the sale of alcoholic beverages does not constitute the primary purpose of the business.
C. Nothing in this section shall be interpreted to authorize any peace officer in actual physical possession of a weapon to consume alcoholic beverages, except in the authorized line of duty as an undercover officer.
D. Nothing in this section shall be interpreted to authorize any person, employee, private investigator or armed security guard with or without a firearms authorization in actual physical possession of a weapon to consume alcoholic beverages in any establishment where alcoholic beverages are consumed.
E. Any person violating the provisions of this section shall upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).
F. Any person who intentionally or knowingly carries or possesses any weapon in violation of the provisions of this section and refuses to leave the establishment or the property of the establishment shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).
G. As used in this section, "consume" means the act of drinking or ingesting alcoholic beverages or eating a product containing alcohol.
Provided further, nothing in this section shall be interpreted to authorize any peace officer in actual physical possession of a weapon to consume low-point beer or alcoholic beverages, except in the authorized line of duty as an undercover officer.
Nothing in this section shall be interpreted to authorize any private investigator with a firearms authorization in actual physical possession of a weapon to consume low-point beer or alcoholic beverages in any establishment where low-point beer or alcoholic beverages are consumed.
B. Any person violating the provisions of this section shall be punished as provided in Section 1272.2 of this title.
Count # 2. Count as Filed: WE1, CARRYING A FIREARM WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, in violation of 21 O.S. 1289.9
Date of Offense: 04/07/2021
Party Name Disposition Information
HOLMES, TRACY RENEE Disposed: DEFERRED, 08/23/2021. Guilty Plea
Count as Disposed: CARRYING A FIREARM WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL(WE1)
Violation of 21 O.S. 1289.9
It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior. Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.15 of this title.
Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a term of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
JUDGE TRACY PRIDDY. DEFENDANT PRESENT, NOT IN CUSTODY, REPRESENTED BY ROBERT HENSON. STATE REPRESENTED BY WRILEY ANDERSON. COURT REPORTER IS JODI TERRY. CASE CALLED FOR DISTRICT COURT ARRAIGNMENT. DEFENDANT SWORN IN OPEN COURT, WAIVES JURY & NON JURY TRIALS, ENTERS A PLEA OF GUILTY WITHOUT BENEFIT OF RECOMMENDATION FROM THE STATE. COURT ACCEPTS DEFENDANT'S PLEA. ARGUMENTS OF COUNSEL HEARD AS TO SENTENCING.
COUNT 1 - COURT WITHHOLDS FINDING OF GUILT & DEFERS SENTENCING THREE (3) YEARS, UNTIL 8-19-2024 AT 9:30AM IN ROOM 508. $500.00 COURT FUND ASSESSMENT, $250.00 VICTIM'S COMPENSATION ASSESSMENT.
COUNT 2 - COURT WITHHOLDS FINDING OF GUILT & DEFERS SENTENCING THREE (3) YEARS, UNTIL 8-19-2024 AT 9:30AM IN ROOM 508. $300.00 COURT FUND ASSESSMENT, $75.00 VICTIM'S COMPENSATION ASSESSMENT.
DEFENDANT TO BE UNDER THE COMMUNITY SENTENCING SUPERVISION OF THE DEPARTMENT OF CORRECTIONS PROBATION & PAROLE. DEFENDANT IS ORDERED TO COMPLETE A DRUG & ALCOHOL ASSESSMENT AND FOLLOW ALL RECOMMENDATIONS.
DEFENDANT ADVISED OF APPEAL RIGHTS. RULE 8 AND ORDER OF DEFERRED ISSUED. DEFENDANT RECOGNIZED BACK. BOND EXONERATED.
1 HOLMES, TRACY RENEE