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Thread: Prohibiting the right to carry on public property...

  1. #1
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    There will be a wine festival at a local park here in NM this weekend. The park is public property. It is my understanding that the organizers will be posting "No Guns Allowed" signs at the entrances.

    Is this legal. I am in NM and the NM constitution states that the towns/cities in NM can't regulate the carry of firearms et for themselves. Doesn't this fall under that?

    I don't think that they can do this. I have been talking to my lawyer about it. We are currently working on this.

    Any input would be appreciated.

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    i do not live in your state, so my answers my be wrong.

    1 property leased to the group hosting the event and there the one banning the hand guns

    2 consumption of any amount of alcohol while carrying, my be a no no in your state

    3 being some place where alcohol is consumed,my be a no no

    just my 2 cents


  3. #3
    Founder's Club Member PrayingForWar's Avatar
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    khicks wrote:
    i do not live in your state, so my answers my be wrong.

    1 property leased to the group hosting the event and there the one banning the hand guns

    2 consumption of any amount of alcohol while carrying, my be a no no in your state

    3 being some place where alcohol is consumed,my be a no no

    just my 2 cents
    +1
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    Campaign Veteran skidmark's Avatar
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    the point being that the public entity that owns the property - in the name of and for the general benefit of 'the people' - has no authority to rescind or restrict and right of 'the people' when they grant a permit to a private entity for the temporary use of said property. forget the wine festival and substitute the kkk or illinois nazis. think the city can allow them to put a sign in the park for the duration saying 'no n-words or k-words'?

    of course municipalities allow permittees - you cannot legally rent public property - to erect all sorts of illegal/unconstitutional restrictions. that happens because folks do not challenge them at the event and in the courts. not only is it expensive to challenge them, it is downright scary because it is untested ground and some folks are not willing to take the big step off into space to find out if there really is solid ground past that first step.

    most of the envelopes i've pushed at so far have been pretty easy ones. if things continue as they are headed i may find myself pushing a harder one.

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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  5. #5
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    unfortunatly it was bad timing for me to contest anything. my wife's brother and his wife visted us for the first time for this whole weekend and i was unable to even stop by the wine festival or get additional information on it. i did want to persue it but i missed my window.. priorities right? oh well.



    btw skid i was on the same page as you where. no worries. i'll have more opportunities later i'm sure.

  6. #6
    Campaign Veteran skidmark's Avatar
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    actually i believe that you have not missed your opportunity. several recent cases re 2a were sucessfully brought by folks who asserted they did not violate the rule because of fear of being arrested for violating a rule that violated/abridged their constitutional rights. start with dick heller's case and go forward to see the spate of recent ones.

    you posted on a public forum you were afraid to go for fear of arrest. that might give you standing - all depends on how much you can pay the attorney.

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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    Hello, I am new to this so pardon me if I am posting this question incorrectly, but it seems uncostitutional that here in Colorado you have to pay over $150 to secure a concealed permit, seems to me that if the State wants you to get a permit you should not have to pay for it since the Constitution allows you bear arms and the background check etc is for the benefit of the State, not the person needing the Conceal Carry Permit. What am I, constitutionaly speaking, missing?

    Thank you all for standing for your Rights

    Dan West

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    Founder's Club Member ixtow's Avatar
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    Dan007west wrote:
    Hello, I am new to this so pardon me if I am posting this question incorrectly, but it seems uncostitutional that here in Colorado you have to pay over $150 to secure a concealed permit, seems to me that if the State wants you to get a permit you should not have to pay for it since the Constitution allows you bear arms and the background check etc is for the benefit of the State, not the person needing the Conceal Carry Permit. What am I, constitutionaly speaking, missing?

    Thank you all for standing for your Rights

    Dan West
    While that is totally off-topic of the OP, I think you'll find most people agree with you 'round here.

    How did CC get turned into a privelige, when we already have the right prescribed constitutionally? Why is there a permit at all? How can they even restrict it to begin with, much less make you pay and beg permission?

    These questions and more will be thoroughly and painfully dissected if you look around a bit more. ;-) It's all here.
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