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Posted: 8/8/2006 7:45:48 AM EDT
Is there any definitive AG Opinion or litigated decision that defines "Public Gathering" in more detail than the statute (for carrying a concealed weapon).

Link Posted: 8/19/2006 11:23:11 AM EDT
I've had some debates with other permit holders. We never come up with any answers.
Link Posted: 8/22/2006 2:46:45 AM EDT
Our instructor, a retired Sheriff's deputy and part time US Marshal, stated that a "public gathering" has been shown to be 5 or more individuals gathered for a common purpose. The example he used was 5 guys standing on the corner bullshitting. Technically, that would be a "public gathering". Also, there are places and jurisdictions that would concider Wal Mart a "public gathering".

Bottom line is, concealed carry means concealed.

(just for reference purposes, the statute states:

"For the purpose of this section, "public gathering" includes athletic or sporting events,
schools or school functions, churches or church functions, political rallies or functions,
musical concerts, and individuals in publicly owned parks where hunting is not allowed by proclamation and publicly owned or operated buildings."

Note, nowhere does it mention a group of people simply hanging out. Nor does Wal Mart seem to fit that description.)

Another item worth looking into:

12.1-05-09. Mistake of law. Except as otherwise expressly provided, a person's good faith belief that conduct does not constitute a crime is an affirmative defense if he acted in reasonable reliance upon a statement of the law contained in:
1. A statute or other enactment.
2. A judicial decision, opinion, order, or judgment.
3. An administrative order or grant of permission.
4. An official interpretation of the public servant or body charged by law with responsibility for the interpretation, administration, or enforcement of the law defining the crime.
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