Yukon City Ordinance vs. Oklahoma Self Defense Act

[Iwant1]

As a new resident to Yukon, Ok, I found that the city ordinance is inconsistent with state law. See below.
Question: Does the Oklahoma Self Defense Act override city ordinances? Or does the City override OSDA? I've emailed everyone in leadership in Yukon. I've recieved 2 emails back saying they are sending my email to the attorney's office for review. The Chief of Police-John Corn called me. His answer to this questions was Yes. City can be more (he used the word) "instrusive" than the state laws, but not less instrusive. I'm thinking he meant, more strict.
I would like feedback on what overrides what??? I would like more than just opinions please...

(Yukon)Sec. 74-8. - Carrying concealed weapons on city property.
No person shall carry any concealed weapon on property owned or controlled by the city including but not limited to city parks, city recreation centers, buildings and structures. The provisions of this section shall not apply to any law enforcement officer or to any person authorized by law to carry a concealed weapon in the course of employment.
(Ord. No. 930, § 1, 12-5-95)

OSDA prohibits carry in buildings, structures and facilities. It does NOT prohibit carry on state, or city property...

 

[hrdware]

As a new resident to Yukon, Ok, I found that the city ordinance is inconsistent with state law. See below.
Question: Does the Oklahoma Self Defense Act override city ordinances? Or does the City override OSDA? I've emailed everyone in leadership in Yukon. I've recieved 2 emails back saying they are sending my email to the attorney's office for review. The Chief of Police-John Corn called me. His answer to this questions was Yes. City can be more (he used the word) "instrusive" than the state laws, but not less instrusive. I'm thinking he meant, more strict.
I would like feedback on what overrides what??? I would like more than just opinions please...

(Yukon)Sec. 74-8. - Carrying concealed weapons on city property.
No person shall carry any concealed weapon on property owned or controlled by the city including but not limited to city parks, city recreation centers, buildings and structures. The provisions of this section shall not apply to any law enforcement officer or to any person authorized by law to carry a concealed weapon in the course of employment.
(Ord. No. 930, § 1, 12-5-95)

OSDA prohibits carry in buildings, structures and facilities. It does NOT prohibit carry on state, or city property...

State law trumps City law in everything firearm other that discharge of a firearm(Pay particular attention to paragraph B):

A. 1. The State Legislature hereby occupies and preempts the
entire field of legislation in this state touching in any way
firearms, components, ammunition, and supplies to the complete
exclusion of any order, ordinance, or regulation by any municipality
or other political subdivision of this state. Any existing or
future orders, ordinances, or regulations in this field, except as
provided for in paragraph 2 of this subsection and subsection C of
this section, are null and void.
2. A municipality may adopt any ordinance:
a. relating to the discharge of firearms within the
jurisdiction of the municipality, and
b. allowing the municipality to issue a traffic citation
for transporting a firearm improperly as provided for
in Section 1289.13A of this title, provided however,
that penalties contained for violation of any
ordinance enacted pursuant to the provisions of this
subparagraph shall not exceed the penalties
established in the Oklahoma Self-Defense Act.
3. As provided in the preemption provisions of this section,
the otherwise lawful open carrying of a handgun under the provisions
of the Oklahoma Self-Defense Act shall not be punishable by any
municipality or other political subdivision of this state as
disorderly conduct, disturbing the peace or similar offense against
public order.
B. No municipality or other political subdivision of this state
shall adopt any order, ordinance, or regulation concerning in any
way the sale, purchase, purchase delay, transfer, ownership, use,
keeping, possession, carrying, bearing, transportation, licensing,
permit, registration, taxation other than sales and compensating use
taxes, or other controls on firearms, components, ammunition, and
supplies.
C. Except as hereinafter provided, this section shall not
prohibit any order, ordinance, or regulation by any municipality
concerning the confiscation of property used in violation of the
ordinances of the municipality as provided for in Section 28-121 of
Title 11 of the Oklahoma Statutes. Provided, however, no municipal
ordinance relating to transporting a firearm improperly may include
a provision for confiscation of property.
D. When a person’s rights pursuant to the protection of the
preemption provisions of this section have been violated, the person
shall have the right to bring a civil action against the persons,
municipality, and political subdivision jointly and severally for
injunctive relief or monetary damages or both.

You may even want to point this out to the city attorney.

 

[David2012]

See Page 18 of the SDA handbook.
http://www.ok.gov/osbi/documents/SDA...k_NOV_2011.pdf
http://www.ok.gov/osbi/Handgun_Licensing/

TITLE 21 § 1277 UNLAWFUL CARRY IN CERTAIN PLACES
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.


It is like going to the State Fair... they have no concealed weapons signs on all the gates... but the state law reads you can conceal carry outside of the buildings on the fair grounds when it is a state sponsored event...but then if you need to go to the restroom.... your are screwed because you can't go inside the buildings where the restrooms are at. But then, if it was a gun show at the Fair Grounds, or the building was being rented for a private funtion, it would be up to the person or business renting the building if you CC inside the building.

 

[bettingpython]

Buildings during the state fair are not off limits unless they are a government agency doing business with the public. Walk into the sheriff's substation with a gun or into the professional rodeo events building and you will be in trouble.

 

[SMS]

The only thing that seems out of bounds is the city parks...parks are specifically exempt in the SDA....the rest of the city ordinance just seems to reassert the state law.

 

[hrdware]

The only thing that seems out of bounds is the city parks...parks are specifically exempt in the SDA....the rest of the city ordinance just seems to reassert the state law.

The whole "property" thing is out as well. The SDA allows you to carry on government property, just not in the buildings.

 

[SMS]

Be interesting to watch this play out...

 

[Iwant1]

UPDATE: I have heard back from several of the ones I emailed. The most recent email was from Randall Edwards Canadian County Sheriff. He sent it to their legal department and said that they did find a problem and will work to correct it.
I used to live in Midwest City and have friends that do, so we checked their oridinances. The concealed carry ordinance looked good however, I did find something ridiculous. It states you cannot make any sale or transfer of firearms from 5:00pm-8am!! This again is covered in the State Preemption section of the OSDA. So Midwest City is actually in violation of this as well.

**Everyone needs to search their town or city's laws and ordinances to insure compliance with the OSDA***

 

[hrdware]

UPDATE: I have heard back from several of the ones I emailed. The most recent email was from Randall Edwards Canadian County Sheriff. He sent it to their legal department and said that they did find a problem and will work to correct it.
I used to live in Midwest City and have friends that do, so we checked their oridinances. The concealed carry ordinance looked good however, I did find something ridiculous. It states you cannot make any sale or transfer of firearms from 5:00pm-8am!! This again is covered in the State Preemption section of the OSDA. So Midwest City is actually in violation of this as well.

**Everyone needs to search their town or city's laws and ordinances to insure compliance with the OSDA***

It's not just the OSDA. Keep in mind the SDA is section 1290 of Title 21. All the other firearms laws should be checked as well: 1271, 1272, 1289 (I'm sure there are a few others). The state has preemption in these as well.

 

[Iwant1]

You guys aren/t going to believe this! I goofed. I sent all these emails from my work email... Yes i know i'm an idiot for that. Please, no remarks.
My HR department called me into the office and said that detective called and reported this. HR guy said that the detective said, that they took my email as a threat! Are you kidding me... wow
Just thought I would share