It may not have made it into the text of the new law... but when it was being voted on... during the questions / debate, Senator Sykes had said that if a person open / conceal carrying entered a place posted off limits to weapons, that if asked to do so... that the person would have to leave immediately or he / she could be charged with tresspass.
It may not have made it into the text of the new law... but when it was being voted on... during the questions / debate, Senator Sykes had said that if a person open / conceal carrying entered a place posted off limits to weapons, that if asked to do so... that the person would have to leave immediately or he / she could be charged with tresspass.
Remember hearing it as it went down.
I call B.S. on OSF's position. There is nothing in the statutes that states Fairgrounds can be made off limits for carry "when rented out to Oklahoma State Fair Inc."....the statutes clearly state that Fairgrounds are specifically exempt from carry restrictions and that anyone in control of said fairgrounds can not make it off limits. I'm on the Fairgrounds, I'm carrying. OSF's lawyers are wrong. They can blow me. They need to read paragraph B of 21 1277.
B. For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this section, the prohibited place does not include and specifically excludes the following property:
4 Any property designated by a city, town, county, or state, governmental authority as a park, recreational area, or fairgrounds; provided nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed handgun into any structure, building, or office space which is specifically prohibited by the provisions of subsection A of this section.
Nothing contained in any provision of this subsection shall be construed to authorize or allow any person in control of any place described in paragraph 1, 2, 3, 5 or 6 of subsection A of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a concealed handgun license from possession of a handgun allowable under such license in places described in paragraph 1, 2, 3, or 4 of this subsection.
B. For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this section, the prohibited place does not include and specifically excludes the following property:
4 Any property designated by a city, town, county, or state, governmental authority as a park, recreational area, or fairgrounds; provided nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed handgun into any structure, building, or office space which is specifically prohibited by the provisions of subsection A of this section.
Nothing contained in any provision of this subsection shall be construed to authorize or allow any person in control of any place described in paragraph 1, 2, 3, 5 or 6 of subsection A of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a concealed handgun license from possession of a handgun allowable under such license in places described in paragraph 1, 2, 3, or 4 of this subsection.
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Tulsa is banning carry in the buildings, referencing Section A paragraph 1. The midway itself you're OK but they are trying to claim government doing business with the public for the building prohibition.
I remember that as well. That is current law now. Any property owner can ask you to leave for any reason and if you don't, it's trespass.
It's not BS. Oklahoma State Fair Inc owns the property. The state did not declare it a fairgrounds, the owners of the property decided to use it as such. OSF Inc maintains the property and puts on the fair, not the government. What this statute means is that a government declared fairgrounds that is owned, operated, and maintained by the government can not be declared a gun free zone, i.e. county fairgrounds.
The law does not state that the property must be "owned, operated, and maintained by the government." It simply states that any property designated as a fairgrounds by a government authority is exempt from prohibitions.
There is no question in my mind that "state fair park" is a fairground or a park. Unless OSF owns the property, which I don't see that they do, I don't believe they have the legal authority to prohibit carry there.
That being said, here's what I'd like to see:
1) Who officially owns the property (I believe that OKC owns the property)
2) Has OKC or any other .gov entity declared it a fairground?
No, they don't.
The City of Oklahoma City owns the fairgrounds (since 1917). The Oklahoma City Public Property Authority manages the public financing for the fairgrounds (under "lease" from the City of Oklahoma City since November 1, 1961 until all outstanding bonds are paid in full). State Fair of Oklahoma, Inc. has leased the property from the City of Oklahoma City (since August 3, 1982).
Source (PDF): http://www.okc.gov/finance_tab/yearenders/2011/OCPPA_publishable.pdf
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