Tulsa rally / cookout to show city council what preemption means...

[Glocktogo]

Is the Tulsa city council doing something? I haven't read a copy of the Tulsa world since I moved to Norman.

It's what they're refusing to do, which is put the city ordinance prohibiting SDA carry in city parks, in compliance with state law. The ordinance is located in TULSA CODE OF ORDINANCES, TITLE 26, Chapter 1, Section 103. - Q (Prohibited Acts) which states:

No person shall bring into or have in his possession in any park area or facility any firearm, BB gun, air pistol, bow and arrow, crossbow, slingshot, knife or other weapon capable of inflicting injury to persons, animals or public property, whether or not such weapons are loaded, unless such park area or facility has been specifically designated and posted for such use or unless the use is in conjunction with an approved program.

This offense would be adjudicated in The City of Tulsa Municipal Criminal Court under Section 112 (Penalty) of the aforementioned Title & Chapter which states:

Unless otherwise provided herein, any person violating any of the provisions of this chapter shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), excluding costs, and/or by imprisonment in the City jail for a period of not more than ninety (90) days.

I don't know if they have any enforcement action on record for this ordinance. I can try to find out if anyone is interested. If it would be prudent to do so, I can also initiate contact with some of the TPD Command staff to see what their take on this is? I have training tomorrow and an inter-agency meeting on Thursday with them.

 

[skycitadel]

Hi,

Id be happy to show up any weekend day except 4-19. The possible penalties do have me worried though. What is the likelihood a Tulsa LEO would choose to fine or jail people? If convicted of breaking this ordinance would I lose my CCW? Is it a felony?

thanks

 

[Michael Brown]

Hi,
What is the likelihood a Tulsa LEO would choose to fine or jail people?

I would bet money it won't happen.

Enough supervisors know the ordinance is in contravention to the state preemption law that chances are someone will be around that knows.

If it's in Veterans Park, I can guarantee the supervisor in that area knows the law.

Michael Brown

 

[Raoul Duke]

Story about this in the current Urban Tulsa Weekly:

http://www.urbantulsa.com/gyrobase/Content?oid=oid%3A58504

When it comes to guns in parks, Tulsa police know what to do, said Senior Assistant City Attorney Mark Swiney.

Or, more precisely, what not to do.

"The cops have been trained to understand that the state statute takes precedence over the city ordinance," Swiney said.

Even though the "sign at the park still says no firearms allowed," Swiney said, a city ordinance prohibiting guns in parks is in conflict with a state law, the Oklahoma Self-Defense Act, which notably began to allow open carry last year for those with the proper license.

Swiney presented the conflict to city councilors, offering the chance to consider amending the city ordinance to match with state law. But, in Swiney's words, "the city council didn't like it, and they said they're not going to do it."

At a March 14 meeting, some councilors did express concern about guns in parks.

"That's where kids play," Councilor Jack Henderson said. He and Councilor Skip Steele stated they were in favor of sending a letter "asking the state to change the law," in the words of Steele. No councilors present at the meeting voiced support for the state law.

On the guns in parks issue, Tulsa faces a "tall order" if the goal is to change the law, Swiney said. At the March 14 meeting, he noted that when the state law relating to concealed carry was first passed more than 10 years ago -- before open carry -- the city's Parks Board "was very, very unhappy" about the provision and voiced a desire to change the law.

The news coverage after the March 14 meeting has already caught the attention of Bryan Hull, president of the Oklahoma Open Carry Association.

"We're of the opinion that it's pretty obvious that parks are not crime-free zones, and people who are licensed to carry for the protection of themselves and their family don't pose a threat to other people," Hull said. He added that his group plans to hold a rally soon at a Tulsa city park to raise awareness of the rights of licensed gun owners.