What is the status of carrying into a public library? Are they owned by the local/state/federal goverment?
Actually there is an OK Attorney General ruling on public libraries.
They are governed by local boards, and the library employees are NOT usually OK state employees; for example they get no pension benefits or healthcare unless the local board pays for it.
Although libraries receive support from many sources, including tax revenue, the SDA prohibition on carry "in government offices that do business with the public" does not apply, according to the attorney general opinion.
The local library board can choose to post signs. MOST OK library directors are anti-gun, and demand their board approve posting. I personally know of one that does not, and does not want any publicity either way on it. For them, concealed is concealed, and they do not want either signs or an issue on it.
ENTRY_DATE: 050296
APPELLANT: Robert Clark Oklahoma Department of Libraries
JURISDICTION: Attorney General of Oklahoma - Opinion
HEARING_DATE: April 24, 1996
TEXT_OF_RULE:
This office has received your request for an official Opinion in which you asked, in effect, the following question:
May boards of public libraries ban patrons from bringing concealed weapons into libraries?
Your question relates to the Oklahoma Self-Defense Act, codified at 21 O.S. 1290.1 to 21 O.S. 1290.25 (1995) (the "Act"). Pursuant to the Act and subject to limitations set forth in the Act, a person who has been issued a license by the Oklahoma State Bureau of Investigation may carry a concealed weapon. 21 O.S. 1290.5 (1995). One limitation expressed in the Act acknowledges the right of property owners or tenants to prohibit concealed weapons on their property:
"Nothing contained in any provision of the Oklahoma Self- Defense Act shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer or other entity to control the possession of weapons on any property owned or controlled by the person or entity." ^ ^21 O.S. 1290.22 (1995).
The Oklahoma Legislature, in creating the authority for counties, cities and towns to establish county and multi-county library systems ("Libraries"), included in the powers of Libraries the authority to own or lease real property for library purposes. 65 O.S. 4-105 and 65 O.S. 4-116 (9195). Nothing in 21 O.S. 1290.22 (1995) indicates that the limitation therein does not apply equally to public property owners.
We note that the Act includes a State preemption of legislation related, among other things, to the possession of firearms. The Oklahoma Firearms Act of 1971 prohibits "any order, ordinance, or regulation by any municipality or other political subdivision." 21 O.S. 1289.24 (A) (1995). It is arguable that a county library or multi-county library is a political subdivision. Nevertheless, a plain reading of these sections expresses a specific legislative intent to allow Libraries, as property owners, to control the possession of weapons on property owned or controlled by the library, although Libraries, as well as other political subdivisions or municipalities, would still be prohibited from attempting to enact any prohibition beyond the boundaries of their property. Moreover, the language of Section 1290.22 expresses a Legislative intent that the ability of property owners and holders to control weapons thereon is not affected by the legislative preemption of 21 O.S. 1289.24 (A) (1995).
It is, therefore, the official Opinion of the Attorney General that:
Boards of public libraries may ban patrons from bringing concealed weapons into libraries. 21 O.S. 1290.22 (1995).
( JAMES ROBERT JOHNSON )
They are governed by local boards, and the library employees are NOT usually OK state employees; for example they get no pension benefits or healthcare unless the local board pays for it.
Although libraries receive support from many sources, including tax revenue, the SDA prohibition on carry "in government offices that do business with the public" does not apply, according to the attorney general opinion.
The local library board can choose to post signs. MOST OK library directors are anti-gun, and demand their board approve posting. I personally know of one that does not, and does not want any publicity either way on it. For them, concealed is concealed, and they do not want either signs or an issue on it.
ENTRY_DATE: 050296
APPELLANT: Robert Clark Oklahoma Department of Libraries
JURISDICTION: Attorney General of Oklahoma - Opinion
HEARING_DATE: April 24, 1996
TEXT_OF_RULE:
This office has received your request for an official Opinion in which you asked, in effect, the following question:
May boards of public libraries ban patrons from bringing concealed weapons into libraries?
Your question relates to the Oklahoma Self-Defense Act, codified at 21 O.S. 1290.1 to 21 O.S. 1290.25 (1995) (the "Act"). Pursuant to the Act and subject to limitations set forth in the Act, a person who has been issued a license by the Oklahoma State Bureau of Investigation may carry a concealed weapon. 21 O.S. 1290.5 (1995). One limitation expressed in the Act acknowledges the right of property owners or tenants to prohibit concealed weapons on their property:
"Nothing contained in any provision of the Oklahoma Self- Defense Act shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer or other entity to control the possession of weapons on any property owned or controlled by the person or entity." ^ ^21 O.S. 1290.22 (1995).
The Oklahoma Legislature, in creating the authority for counties, cities and towns to establish county and multi-county library systems ("Libraries"), included in the powers of Libraries the authority to own or lease real property for library purposes. 65 O.S. 4-105 and 65 O.S. 4-116 (9195). Nothing in 21 O.S. 1290.22 (1995) indicates that the limitation therein does not apply equally to public property owners.
We note that the Act includes a State preemption of legislation related, among other things, to the possession of firearms. The Oklahoma Firearms Act of 1971 prohibits "any order, ordinance, or regulation by any municipality or other political subdivision." 21 O.S. 1289.24 (A) (1995). It is arguable that a county library or multi-county library is a political subdivision. Nevertheless, a plain reading of these sections expresses a specific legislative intent to allow Libraries, as property owners, to control the possession of weapons on property owned or controlled by the library, although Libraries, as well as other political subdivisions or municipalities, would still be prohibited from attempting to enact any prohibition beyond the boundaries of their property. Moreover, the language of Section 1290.22 expresses a Legislative intent that the ability of property owners and holders to control weapons thereon is not affected by the legislative preemption of 21 O.S. 1289.24 (A) (1995).
It is, therefore, the official Opinion of the Attorney General that:
Boards of public libraries may ban patrons from bringing concealed weapons into libraries. 21 O.S. 1290.22 (1995).
( JAMES ROBERT JOHNSON )
I think you have to determine that on a library system by library system basis. From what I understand, the Pioneer library system does not own the buildings they occupy, the cities own them. If the city owns the building then I would definitely consider that a government building for doing business with the public.
The AG's opinion says they can be posted, it does not say they are prohibited places. Just because a building is owned by a government entity does not mean that building is a prohibited place. The government can and does own property that is leases by private interests, these properties are not necessarily prohibited places. According to the AG's opinion posted above, a public library falls under the same rules as a private business.
After an email to osbi....a very dark shade of gray answer came back. They did not give a definitive answer. ...
OSBI is not in the business of interpreting the law, that is up to a judge.
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