Judge: City of Norman, Oklahoma can't enforce proposed gun ban at music festival

Mike · Apr 19, 2015

http://courtrulings.einnews.com/article/260808583/WNMqEYNM1eJU2Qgq

SNIP

NORMAN, Okla. (AP) - A district judge has ruled the city can't enforce a proposed gun ban during a three-day music festival in the Oklahoma college town.

Judge Thad Balkman ruled Friday that under the Oklahoma Self Defense Act, Norman can't enforce the ban because its ability under the law is limited to buildings.

The Oklahoma Second Amendment Association filed a lawsuit [asserting that] . . . the city has no right to prohibit people with a gun license from carrying concealed or even openly displayed firearms on city streets and sidewalks.

. . .

FreeInAZ · Apr 19, 2015

Well if they did any research they would find that what will most likely happen is: the festival will see a record crowd. That's exactly what happened in MI with the city of Royal Oak & the "Arts, beats & eats" festival. After all their crying & shouting from the rooftops (city leaders), the public proved them wrong once again by showing up in record numbers! Why? People go where they feel safe

Knowing that the festival wouldn't be a crime empowerment zone, seemed to get that point across to law abiding citizens well. As a added bonus the criminals stayed away.

Go figure?

ETA - that was nearly 5 years ago & the festival has been doing very well since the ban on lawful carry was removed.

http://youtu.be/8yRTWojdVAM

FreeInAZ · Apr 19, 2015

http://youtu.be/2V9-wKN-1xs

deepdiver · Apr 19, 2015

Glad to read the court is following the law and rather interesting follow-up posts.

Too bad hoplophobe Peaches won't be there. Maybe Muffy, Tiffany and Porsche can pick up the "Names we haven't heard since the 80s for $300, Alex" slack.

Glock 1st fan · Apr 20, 2015

well one thing to note is that too many people are listening to big groups. We dont have a strong org. in Oklahoma since the N.R.A. has somewhat took a neutral stance on open carry and they have not really backed us on constitutional carry. But what we have been blessed with is smaller and stronger groups like Oklahoma 2A who helped fight for us on this.

The laws are changing for the better though we have to fight anti gun groups whos ultimate goal is to increase victims. And with that we have to be ever more vigilant. We are each and everyone an ambassador to responsible carry and we have to show no matter open or concealed that we can be courteous, responsible and everything else that the MDA claims we are not.

OC for ME · Apr 20, 2015

Is it unlawful to consume adult beverages and carry where consumption is lawful?

Glock 1st fan · Apr 20, 2015

OC for ME said:
Is it unlawful to consume adult beverages and carry where consumption is lawful?

Only when the consumption of the alcahol accounts for the majority of revenue. As far as consuming alcohol you can drink but you can not be intoxicated. Meaning for example you just go and have a glass of wine or a beer (and your tolerance allows you not to be intoxicated with the amount consumed) then yes you can drink and carry.

OC for ME · Apr 20, 2015

Glock 1st fan said:
Only when the consumption of the alcahol accounts for the majority of revenue. As far as consuming alcohol you can drink but you can not be intoxicated. Meaning for example you just go and have a glass of wine or a beer (and your tolerance allows you not to be intoxicated with the amount consumed) then yes you can drink and carry.

I find the below troubling.

Spencer also encourages anyone who sees someone carrying a gun, who is also drinking alcohol, to call police immediately for everyone’s safety.

If there is no violation of the law for consuming in that environment, I will presume, then Mr. Spencer does not seem to have a great deal of respect for his fellow citizens. If this is his position, which it clearly seems to be, he is no friend of liberty. The efforts to restore our unlimited 2A right goes far beyond the mere carry of a firearm.

mynameiscolb · Apr 22, 2015

OC for ME said:
I find the below troubling.

If there is no violation of the law for consuming in that environment, I will presume, then Mr. Spencer does not seem to have a great deal of respect for his fellow citizens. If this is his position, which it clearly seems to be, he is no friend of liberty. The efforts to restore our unlimited 2A right goes far beyond the mere carry of a firearm.

Glock 1st fan said:
Only when the consumption of the alcahol accounts for the majority of revenue. As far as consuming alcohol you can drink but you can not be intoxicated. Meaning for example you just go and have a glass of wine or a beer (and your tolerance allows you not to be intoxicated with the amount consumed) then yes you can drink and carry.

I would advise against drinking alcohol (any amount) while carrying:

TITLE 21 § 1289.9 CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL

It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the after effects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior.

Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.15 of this title. Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a term of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

The law is not specific in amount. It lists pharmaceutical drugs that are labeled as mind altering, etc.

Not trying to be a buzz kill, but it's better to be safe than sorry. Of course, I'm not an attorney (nor do I play one on TV, ha), so take my post with a grain of salt.

Leader · Apr 23, 2015

FreeInAZ said:
Well if they did any research they would find that what will most likely happen is: the festival will see a record crowd. That's exactly what happened in MI with the city of Royal Oak & the "Arts, beats & eats" festival. After all their crying & shouting from the rooftops (city leaders), the public proved them wrong once again by showing up in record numbers! Why? People go where they feel safe Knowing that the festival wouldn't be a crime empowerment zone, seemed to get that point across to law abiding citizens well. As a added bonus the criminals stayed away.

Go figure?

ETA - that was nearly 5 years ago & the festival has been doing very well since the ban on lawful carry was removed.
http://youtu.be/8yRTWojdVAM

I would think it more likely that the only people to show up this year are going to be the hoodlums with guns.
Next year the festival will be canceled because all the acts were shot by the open carrying hoodlums from this year.

States that don't prohibit carrying guns at fairs & festivals, just don't have them anymore.

HPmatt · Apr 23, 2015

Finally - Guns N' Roses - will be able to play there. Good job Judge.

FreeInAZ · Apr 23, 2015

Leader said:
I would think it more likely that the only people to show up this year are going to be the hoodlums with guns.
Next year the festival will be canceled because all the acts were shot by the open carrying hoodlums from this year.

States that don't prohibit carrying guns at fairs & festivals, just don't have them anymore.

Uhm... I hope that's sarcasm? Arts beats & eats is one of the most successful festivals in recent MI history! It used to be not so successful when guns were banned and the thugs were given a free reign - no longer the case

last year 365,000 people attended.
http://www.artsbeatseats.com

Glock 1st fan · Apr 23, 2015

mynameiscolb said:
I would advise against drinking alcohol (any amount) while carrying:

TITLE 21 § 1289.9 CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL

It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the after effects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior.

Any person convicted of a violation of the provisions of this section shall be punished as provided in Section 1289.15 of this title. Any person convicted of a violation of the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a term of six (6) months and shall be subject to an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

The law is not specific in amount. It lists pharmaceutical drugs that are labeled as mind altering, etc.

Not trying to be a buzz kill, but it's better to be safe than sorry. Of course, I'm not an attorney (nor do I play one on TV, ha), so take my post with a grain of salt.

I fully agree. While the law states "under the influence" most dont understand when they are truly under the influence. I agree whole heartedly that one should not consume and carry or take medication and carry.

Grapeshot · Apr 24, 2015

Originally Posted by Leader

--snipped--
States that don't prohibit carrying guns at fairs & festivals, just don't have them anymore.

FreeInAZ said:
Uhm... I hope that's sarcasm? Arts beats & eats is one of the most successful festivals in recent MI history! It used to be not so successful when guns were banned and the thugs were given a free reign - no longer the case last year 365,000 people attended.
http://www.artsbeatseats.com

I suspect that it is sarcasm, but it needs to be identified as such for the general public and newbies.

Either that or provide a cite.

Judge: City of Norman, Oklahoma can't enforce proposed gun ban at music festival

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