Change to Busines Owners Rights on Nov 1

[hrdware]

Question for the lawyers/attorney's on here.

On Nov 1, the new laws go into effect. One of the laws that will be changing is the Business Owners Rights (Title 21, section 1290.22) the following will be added:

C. A property owner, tenant, employer, place of worship or business entity may prohibit any person from carrying a concealed or unconcealed firearm on the property. If the building or property is open to the public, the property owner, tenant, employer, place of worship or business entity shall post signs on or about the property stating such prohibition.

What does this mean? Does this mean a person can now ignore a verbal request to leave for carrying a firearm into a business?

If someone asks me to leave because I'm carrying a firearm and I don't because no sign is posted, can I still be sighted with trespass?

If I still have to comply with the verbal request, what is the point of this new law?

 

[Arin Morris]

Or is this Oklahoma's first step to adoption of Texas' 30.06 penal code?

 

[Jack T.]

If someone asks me to leave because I'm carrying a firearm and I don't because no sign is posted, can I still be sighted with trespass?

I'd be more concerned about being cited for trespass WITHOUT being asked to leave on the basis of posted signs.

To be asked to leave private property and refuse to do so is. . .uncivilized.

 

[hrdware]

I'd be more concerned about being cited for trespass WITHOUT being asked to leave on the basis of posted signs.

To be asked to leave private property and refuse to do so is. . .uncivilized.

That has been taken into account and clarified as well.

D. The carrying of a concealed or unconcealed firearm by a person who has been issued a handgun license on property that has signs prohibiting the carrying of firearms shall not be deemed a criminal act but may subject the person to being denied entrance onto the property or removed from the property. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to exceed Two Hundred Fifty Dollars ($250.00).

Carrying past a sign will not be considered trespassing. Failing to leave when asked to when signs are posted an lead to a citation.

 

[COBrien]

I just stumbled across this today.

Honestly, I'm glad 21 O.S. 1290.22(C) and (D) are there now. Before it was all up to the cops as to what happened to a person who carried past a sign -- and we all know what that leads to...

As for subsection (A), I'm not so sure. My understanding of the previous law was that a landlord couldn't prohibit a tenant from possessing/storing firearms in/on the property. Subsection (A) does away with that.

 

[hrdware]

I just stumbled across this today.

Honestly, I'm glad 21 O.S. 1290.22(C) and (D) are there now. Before it was all up to the cops as to what happened to a person who carried past a sign -- and we all know what that leads to...

As for subsection (A), I'm not so sure. My understanding of the previous law was that a landlord couldn't prohibit a tenant from possessing/storing firearms in/on the property. Subsection (A) does away with that.

Subsection A is virtually unchanged:
(Red text is removed, bold text is added)

A. Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

A. Except as provided in subsection B of this section, 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, place of worship or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

 

[COBrien]

Hmm...guess I always missed that it relates to property owners/landlords, since it's titled "Business Owners' Rights." That's what a "quick reading" of a statute will get you...

 

[buckeye]

Finally! Nice to have that declared succinctly, no more guesswork and hand waving.

 

[Defnestor]

Signs to read, "Attention responsible gun owners, your business is NOT welcome here."