Michigan Open Carry, Inc.
Open Carry Specific => OC Questions => Topic started by: cblock1434 on August 15, 2012, 11:21:52 PM
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Good Evening All,
Finally registered after reading over the years....
I have a question after attending the Genesee County Fair tonight. I was OC in the general areas with barns, walkways, etc with no issues (County owned, no postings, etc... When I enters the Combine Derby area, the Park Panger Police approached me informed me the grandstand area was posted "No Weapons." The two of them and I were all level headed through the discussion, but we talked about the fact that it was county owned (they said a private party rented or leased the grandstand area, and that they posted it "No Weapons," and that it was lawful to uphold. Does anyone know if 1) a private party rents that area for the Combine derby, and 2) If a private party can post "No Weapons" on county property? As I read, it must be an owner or agent, but I don't know whether or not that applies in this case. I will follow up with the fair board tomorrow to see what they say, possibly ask for clarification from the AG... Thoughts?
I ended up taking my pistol to my truck. Attached is the sign, which I failed to even see.... but not sure how yet. One of the LEO's was kind of uptight that I didn't see it, the other was pretty cool about it since is was not very prominent (most signs are very obvious, large, colorful, etc...). it looked like a Lemonade stand sign
Thanks everyone!
Carl
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My first thought is that a Local Unit of Government can't lease away public property rights. Arts, Beats, and Eats immediately comes to mind. The Hoedown is another.
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Is the Genesee County Fairground indeed owned by the County?
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Indeed owned by county... Another circumstance could be someone renting a pavilion in a county or state park and posting no firearms at their pavilion...?
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Indeed owned by county... Another circumstance could be someone renting a pavilion in a county or state park and posting no firearms at their pavilion...?
ummm...actually, the information I found indicates that the fair is run by the GENESEE COUNTY AGRICULTURAL SOCIETY which is a private, incorporated organization. Although the word "county" is in the organization's name, there is no affiliation to Genesee County other than what any other organization within the county could claim. Furthermore, they own the property on which the fair is held. So, unless I'm given some information to the contrary, I believe the fair can decide whether firearms will be allowed, in which manner carried, and in which locations, just as any other private property owner can.
citation: http://www.co.genesee.mi.us/tax/parcel_data3.asp?parcel=14-02-400-006 (http://www.co.genesee.mi.us/tax/parcel_data3.asp?parcel=14-02-400-006)
* notice that there is an assessed value and the organization does pay property tax, which would NOT be the case if the property were owned by a unit of government.
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So this thread should have been dead, but the Fair is going on again.... so it lives. The last poster is not aware that the fairgrounds is not at 2188 W Mt Morris Rd, rather at the EA Cummings Park, which is county owned.
Genesee County Fairgrounds
E.A. Cummings Center
6130 East Mt. Morris Road
Mt. Morris, MI 48458
So the fairgrounds fall under preemption. My question is around the grandstand... Can a private entity rent a public venue and legally post a no weapons sign?
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So the fairgrounds fall under preemption. My question is around the grandstand... Can a private entity rent a public venue and legally post a no weapons sign?
This question hasn't been answered by the courts. The pro-gun lawyers I have spoke to all unanimously say: yes