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How to get an opinion from the AG?

756 views 3 replies 3 participants last post by  swinokur 
#1 ·
If this is the wrong forum, feel free to move it elsewhere mods, thanks.

I'm struggling with how to go about doing this. Specifically I want to get an opinion on businesses posting signs. Here's the statute:

TITLE 21 § 1290.22. Business owner’s rights
BUSINESS OWNER’S RIGHTS
A. Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.
B. No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.

It says that businesses have a right to control the presence of weapons, but doesn't say anything about signs, posting guards, metal detectors etc. My opinion is that if a business wants to post guards or metal detectors they can, in order to control what people bring in. Signs are iffy though. Is a sign really "controlling" possession? If so, what happens if I carry there? Unlike every other part of the OK Self-Defense Act, this section does not specify punitive action for anything. In other sections it'll specify a fine, prison time, suspension or revocation of the license, but this says nothing to that effect.

I have sent an email to the OSBI regarding the question, but I'm not really expecting much in the way of an answer from them. The AG back in 1996 gave an opinion that a library as a "business entity" had the right to ban firearms according to the text of the law, but said nothing about how they could do so or what happens if someone violates that ban, so it's pretty much useless. He did nothing but re-state the law, really.

So how about it, does anyone know how to get an official opinion? Their website has no contact form except complaints about spam phone calls and consumer complaints. When I called the woman who answered the phone seemed to have no idea what I wanted and was not helpful at all.

EDIT: For clarification, every instructor I've talked to has said that we can carry into an establishment with a sign, and will only get in trouble if we get made, are asked to leave and don't. In that case we'd be trespassing, but in all reality the punishment for getting made is far worse than trespassing.
 
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#2 ·
Give your OK state (not federal) representative or senator a call, and ask how you, as a constituent, can have your question answered by the AG's office. You're looking for a real-world, practical interpretation - working rules - not for someone to read the statute back to you
 
#3 ·
Thanks, I hadn't thought to do that. I've sent an email to my local senator, as he seems more inclined towards gun rights than my local rep.
 
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