Oklahoma’s State Preemption Law Defeats Gun Free Zone in Tulsa

Ammoland ^ | 22 October, 2018 | Dean Weingarten

[marktwain]

The Gathering Place is a large, 66.5-acre recreation area that recently opened in the City of Tulsa, Oklahoma, on the bank of the Arkansas River. Numerous news articles have referred to The Gathering Place as a public park, created with donated funds.

Public parks in Oklahoma are not allowed to infringe on the exercise of Second Amendment rights any more than is currently allowed under Oklahoma state law. Oklahoma has a strong preemption statute to prevent such infringements.

From justia.com:

FIREARM REGULATION – STATE PREEMPTION

A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.

2. A municipality may adopt any ordinance:

a.relating to the discharge of firearms within the jurisdiction of the municipality, and

b.allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act.

[marktwain]

The Gathering Place attempted to ban the exercise of Second Amendment rights in the park.

Open carry activists challenged the ban. They demonstrated against it.

The City attorney researched the law and told city police not to enforce the park rule, as they might be individually liable.

The park stopped enforcing their illegal rule.

Second Amendment supporters won.

[broken_clock]

Good news!

Doesn’t Arizona have a similar law?

[marktwain]

All 50 states have firearms preemption laws of varying degree. Florida holds individual officeholders and police responsible. It appears that so does Oklahoma.

Other states have very weak preemption.

As far as I have determined, all states have some.

[zeugma]

I went to the Renaissance Festival this past weekend in Magnolia, Tx (North of Houston). I noticed something interesting when going through the lines. In the past, they had 30.06 and 30.07 signs, which regulate the carrying of weapons, both concealed and open in Texas, posted at the entrances. This year, there was just a 30.06 sign, which prohibits concealed carry. Under Texas law, if there is not a 30.07 sign posted, that means you can carry open if you have a carry license.

I suspect that they ran afoul of some lawyer, as they definitely allow the open carrying of swords, knives, and many other arms. I would imagine that since they don't ban bladed weapons, they can't ban firearms either. It was interesting, and gives me some ideas for next year.

[marktwain]

Very interesting. It makes perfect sense.

[Svartalfiar]

What’s interesting, though, is that gov owned property, or gov-rented property, cannot post signage or ban firearms, excepting those required by law (jail, courts, etc). And, of course, Federal property does what it wants.

[Svartalfiar]

Wow forgot half my reply -
But, many events with restricted entry (concerts, festivals, etc) will still ban them, and you can’t just force your way in through security. And you can’t file a complaint, because the event ends before the complaint can go through the process, so the gov says there’s nothing to complain about. Locations that do it have a week or two to fix the issue, so a short event will NEVER get in trouble or be fixed for next time

[T-Bird45]

They may have stopped enforcement by TPD but it’s not truly resolved/defeated until a court drives a stake in the heart of the bureaucratic beast. And, as pointed out on an Oklahoma gun board, the deep pockets behind the park now has been stirred to action in the halls of the Legislature to get a special carve-out for themselves. This has already happened with the two state fairs in OK.

[Pining_4_TX]

This park was a boondoggle from the get go. I got the feeling that somebody connected to the local officials managed to convince them to take this land so he could get a nice charitable deduction for it. It is in a part of the city that is getting to be less safe, and Tulsa already has way more parks than it needs. I call it the City Workers Full Employment Program for all the maintenance people they need. Meanwhile, the streets are awful and getting worse. Politicians and so-called planners and economic development people spend taxpayer money on all the wrong things and always ask for more.

[Redcitizen]

Next year: a firearm with a long bayonet. It’s an edged weapon and firearm all in one.

[gundog]

Firearms at the Renaissance Faire? How anachronistic.

[RandallFlagg]

Denver county has a, “No Open Carry,” ordinance.
One can carry openly everywhere in Colorado, except there.
Someone tried challenging this in the early 2000s, but he was arrested and the conviction was upheld.

[marktwain]

Denver county has a, “No Open Carry,” ordinance. One can carry openly everywhere in Colorado, except there. Someone tried challenging this in the early 2000s, but he was arrested and the conviction was upheld.

Yes.

The Colorado Supreme Court, as I recall, tied in that decision.

It essentially held that Denver is independent of the legislature in Colorado.

It was a bad decision, IMHO, but that is what happens when you put leftist activists judges on the courts.

[zeugma]

Firearms at the Renaissance Faire? How anachronistic.

I'm a fairly anachronistic kinda guy.