Before we get into specifics, I want to share the key Oklahoma statutes that I think inform the rest of the discussion. Specifly there are 2 sections of the Oklahoma Self Defense Act (PDF) that I want to share.
First, according to TITLE 21 § 1277 UNLAWFUL CARRY IN CERTAIN PLACES, the following places are off limits for folks with an SDA license to carry:
A. It shall be unlawful for any person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act to carry any concealed or unconcealed handgun into any of the following places:
1. Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;
2. Any meeting of any city, town, county, state or federal officials, school board members, legislative members, or any other elected or appointed officials;
3. Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent;
4. Any elementary or secondary school;
5. Any sports arena during a professional sporting event;
6. Any place where pari-mutuel wagering is authorized by law; and
7. Any other place specifically prohibited by law.1277 continues to clarify in section B by listing places that might fall into one of those aforementioned places but are specifically excluded. In other words, It's okay to carry in these places even if it seems like it isn't because of the previous section (emphasis added with bolding and underlining).
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:
1. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority,
2. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by any entity offering any professional sporting event which is open to the public for admission, or by any entity engaged in pari-mutuel wagering authorized by law,
3. Any property adjacent to a structure, building, or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section, and
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 or unconcealed 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 handgun license from possession of a handgun allowable under such license in places described in paragraph 1, 2, 3, or 4 of this subsection.Second, the next important section deals with Oklahoma's supremacy regarding gun laws (emphasis added with bolding and underlining).
TITLE 21 § 1289.24 FIREARM REGULATION – STATE PREEMPTIONA.
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 33 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, andb. 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, as 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
Now that we know what State law says, let me share which sections of Tulsa's ordinances I think may run afoul of our state law.
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Title 26 has 2 sections that I think violate both TITLE 21 § 1277 and TITLE 21 § 1289.24
TITLE 26 - PARKS, MALL AND PLAZA
CHAPTER 1. - PARKS
Section 103. - Prohibited acts.
Q. 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.
CHAPTER 3. - DETENTION FACILITIES AND RECREATIONAL AREAS SUPERVISED BY PUBLIC WORKS
Section 303. - Prohibited acts.
Q. No person shall bring into or have in his possession in any 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 facility has been specifically designated and posted for such use or unless the use is in conjunction with an approved program.***------------------------------
Title 8 seems to give the Mayor powers that are precluded in the preemption section of State law... specifically B under TITLE 21 § 1289.24 FIREARM REGULATION – STATE PREEMPTION
TITLE 8 - CIVIL DEFENSE AND CIVIL EMERGENCY
Section 202. - Powers of Mayor.
G. The discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever;
H. The closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition; and
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Oklahoma TITLE 21 § 1289.24 does not seem to give Tulsa the power to limit cab drivers the way Tulsa's Title 36 does.
TITLE 36 - TAXICABS AND PARATRANSIT VEHICLES
CHAPTER 1. - TAXICAB AND PARATRANSIT VEHICLE REGULATIONS
Section 123. - Rules and regulations.
B.
2. A chauffeur shall not have a firearm, explosive device or illegal weapon in his possession while on duty.
If a chauffeur has a valid handgun licence, how can the City of Tulsa say that it is illegal for that chauffeur to protect himself? I didn't list it but TITLE 21 § 1289.25 of the SDA seems to say that chauffeurs or cab drivers do have the right to carry a gun if they have a valid handgun license.
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Oklahoma state law is clear. "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." The above statues clearly do that.
I've written a letter to our 9 city councilors. Hopefully that letter finds them well, and they will take a look at this issue. I'll keep you posted on any responses I get.
