OK: Judge rules Gun Ban on Streets and Sidewalks is Unconstitutional

Gun Watch ^ | 19 April, 2015 | Dean Weingarten

[marktwain]

In Oklahoma, Judge Thad Balkman ruled in favor of second amendment supporters when he issued a tempory restraining order to prevent the City of Norman from enforcing a ban on the carry of weapons during the Norman Music Festival.   The city argued that it was not banning weapons; only that the private organization that it had given control of city streets and sidewalks was banning arms.   From newsok.com:

Bateman and Assistant City Attorney Rick Knighton argued that the festival operators essentially lease a three- or four-block area from the city for the special event. By doing so, they become equal to business owners who have a right to ban firearms on their property.

Balkman said the city failed to show it has a right to “give away control” of city streets and sidewalks.

The Judge ruled that private entities can ban guns on their premises, but that public entities cannot circumvent the excercise of rights by the legal ledgerdemain of giveing away their authority.   From normantranscript.com:

Balkman said according to the Self Defense Act there are only restrictions for carrying weapons if it’s a structure or building, not sidewalks and streets.

(snip)

The right to bear arms is not only a constitutional right, but also a right in the State of Oklahoma, he said. 

The judge basically said that you cannot call a rose a turnip in order to violate fundamental rights.   The use of language to destroy rights, and the structure of society, is a favored tactic of the left.   Orwell had it right.  When words mean only what those in power wish them to mean, then the law becomes only a means of enforcing authority.    Freedom becomes slavery, and Ignorance becomes strength.

It is encouraging that Judge Balkman recognized this in the restraining order, early in the process.   The Judge will hear further arguments on the first day of the Music Festival, on whether a permanent injunction will be issued.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch
 

[marktwain]

Nice to see a judge actually acknowledge the Constitution as important.

[smokingfrog]

Smart judge.

Too bad there aren’t a lot more like him.

[Gamecock]

***The city argued that it was not banning weapons; only that the private organization that it had given control of city streets and sidewalks was banning arms.***

Can a municipality fully "give control" to a private organization? </rhetorical>