Owl-O-Ween (Fifth Third Bank Stadium)

Discussion in 'Places Off-Limits' started by latter_day_hippie, Oct 23, 2017.

  1. latter_day_hippie

    latter_day_hippie Well-Known Member

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    This weekend's Owl-O-Ween festival will take place at Fifth Third Bank Stadium near Kennesaw State University. The FAQ for the stadium states that "no weapons or dangerous items of any type are allowed." There are no exceptions stated for firearms and GWCL carriers.

    According to the KSU Owls' website, the stadium is primarily used as the home for KSU's men's soccer team. Further research indicates that the stadium is not owned by KSU, rather, it is a public-private partnership and the land, according to the Cobb County Tax Assessor's database is owned by KSU SPORTS & RECREATION PARK REAL & ESTATE FOUNDATION LLC. A search of the Georgia Secretary of State's corporation website reveals only the name of the agent and filer for the LLC, not any specific ownership information.

    Based on the available information, what is the potential this is a location that is not on the exemption list of locations where GWCL holders can carry firearms under 16-11-127? What additional information would be needed to confirm, and any thoughts on how it can be obtained?
     
  2. DonT

    DonT Deplorable bitter clinger.

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    After looking over the description on the website, it does appear at first glance to fall under 16-11-127.1 as an off limits area. It's a KSU athletic event facility, right? I'll do some more searching.
     

  3. DonT

    DonT Deplorable bitter clinger.

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    Last edited: Oct 23, 2017
  4. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    Even if this were a private- property facility, is it “leased to” the University?
    If so, it becomes school property and triggers the general no-weapons rule for schools.
    The HB 280 amendments created some very limited exceptions, but not for athletic facilities.
    Since the law doesn’t say it applies “only during such time as the facilities are being used for athletics” then I’d assume a college’s sports facilities are off-limits every day, all day.


    BUT... the State has apparently interpreted the ban on carry at athletic facilities to apply to those places ONLY WHEN being used for collegiate athletics.
    https://www.georgiapacking.org/forum/attachment.php?attachmentid=8467&d=1495630236


    So, wouldn’t that make it no different than the library or student center or school bookstore , when the stadium is being used for a Halloween party?
     
    Last edited: Oct 23, 2017
  5. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    Reversed

    Well it looks like the university system of Georgia has reconsidered their initial statement that the gun ban only applies during athletic events .
    In a new document that gives additional information about how to implement House Bill 280, the latest statement specifically declares that an athletic facility is off-limits all the time regardless of what events are, or are not, being held there on any given day.

    http://www.usg.edu/hb280/additional_information

    This is how I think prosecutors, and judges in the courts of Georgia, would interpret the law as well .
     
  6. latter_day_hippie

    latter_day_hippie Well-Known Member

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    Interesting points, and thank you and Don't both for looking into it. If the property has been leased to the university then it seems pretty cut and dried that they can restrict carry of firearms. However, I am curious whether there are arrangements that might be in place that do not comprise a lease. I probably can't do it before the event in question, but I may fire off a quick open records request for any current lease or other document governing the use of this facility by Kennesaw State University sports teams.
     
  7. 00Dan

    00Dan Member

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    None to speak of. Fairly heavy LEO presence, however.