OK: Judge Rules Gun Ban On Streets & Sidewalks Is Unconstitutional

By Dean Weingarten

OK: Judge Rules Gun Ban On Streets & Sidewalks Is Unconstitutional
OK: Judge Rules Gun Ban On Streets & Sidewalks Is Unconstitutional

 

Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- In Oklahoma, Judge Thad Balkman ruled in favor of second amendment supporters when he issued a temporary restraining order to prevent the City of Norman from enforcing a ban on the carry of weapons during the Norman Music Festival.

The city argued that it was not banning weapons; only that the private organization that it had given control of city streets and sidewalks to was banning arms.

From newsok.com:

Bateman and Assistant City Attorney Rick Knighton argued that the festival operators essentially lease a three- or four-block area from the city for the special event. By doing so, they become equal to business owners who have a right to ban firearms on their property.

Balkman said the city failed to show it has a right to “give away control” of city streets and sidewalks.

The Judge ruled that private entities can ban guns on their premises, but that public entities cannot circumvent the exercise of rights by the legal legerdemain of giving away their authority.   From normantranscript.com:

Balkman said according to the Self Defense Act there are only restrictions for carrying weapons if it’s a structure or building, not sidewalks and streets.

(snip)

The right to bear arms is not only a constitutional right, but also a right in the State of Oklahoma, he said.

The judge basically said that you cannot call a rose a turnip in order to violate fundamental rights.   The use of language to destroy rights, and the structure of society, is a favored tactic of the left.   Orwell had it right.  When words mean only what those in power wish them to mean, then the law becomes only a means of enforcing authority.    Freedom becomes slavery, and Ignorance becomes strength.

It is encouraging that Judge Balkman recognized this in the restraining order, early in the process.   The Judge will hear further arguments on the first day of the Music Festival, on whether a permanent injunction will be issued.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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