Carrying at Norman Music Festival

[dru]

The Norman Music Festival is coming up. That may not be your cup of tea but I thought I'd go and check it out. The festival organizers have put up notices stating that neither open nor concealed carry is allowed due to the sale of low-point alcohol at the event. They're claiming that Title 21 section 1272.1 prohibits carry at a location where low point beer is consumed. Story here. A cursory overview of that section of the OSDA seems to support their position but there has to be more to this, right? For one, I can carry into a restaurant or other place where alcohol is being consumed as long as *I* don't drink and its not a bar. Other open air venues have never had this issue and the article I linked to even has the sheriff of Guthrie saying he wouldn't enforce that at the Mumford and Sons event that was held there.


So which is it? Is there something to their interpretation of all this or can we tell them to go pound sand.

 

[CHenry]

Concealed is concealed...and dont drink and carry.

 

[TwoForFlinching]

Concealed is concealed...and dont drink and carry.

Boom! Don't ask, don't tell.

 

[Surveyor1653]

It's a music festival venue that also happens to have alcohol vendors. Your cover garment is your friend.

 

[dru]

Yes, I agree. Obviously I'm not advocating for drinking and carrying and yes conceal carry is your friend. I'm just wondering if such an action (carrying and not drinking) is unlawful under this statute or if there's more here that isn't being taken into account

 

[Surveyor1653]

TITLE 21 § 1272.1 CARRYING FIREARMS WHERE LIQUOR IS CONSUMED
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.

The, ahem...emphasis...is mine.

They are being selective with their interpretation of the law. They aren't the first and certainly won't be the last.

 

[Gabriel42]

CARRYING FIREARMS WHEN LIQUOR IS CONSUMED

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, 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 concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title may carry the concealed 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.

They can request all they want but no statutory obligation to adhere to their requests.

 

[Commander Keen]

The statute specifies that one cannot carry in an "establishment". An open-air venue shouldn't meet this definition (none is given), as an establishment typically means a building of some sort.

Even if it is considered an establishment, the relevant statute states "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.". The purpose of this event is music, not selling alcohol. IANAL, so take this for what it's worth.

 

[Gabriel42]

Title 21 § 1277 (B.) (1) specifically excludes "Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority,".

Pretty sure that downtown Main Street in Norman qualifies as both property set aside for use of any vehicle and parking of any vehicle.

 

[henschman]

I don't think a street party would be interpreted as an "establishment," so I think you're good legally. We won't know for sure until a court interprets that word of the statute, but it would be a pretty tortured definition to lump the music festival in that category. Statutes are interpreted strictly, with the intent of the legislature in mind. I think it is abundantly clear that what the legislature intended by that section was to discourage people carrying in bars.