Private Entity May Deny Entry to Armed Off-Duty Officer

ATTORNEY GENERAL OPINION: 99-1208

A private entity operating an amusement theme park may deny entry to an off-duty or retired peace officer who is carrying a firearm, where the park operator has a policy prohibiting entry to anyone carrying a firearm who is not then acting in an official capacity as a peace officer. The Attorney General also points out that ". . . the owner of private property, whether open to the public or not, may deny entry based upon perceived reasonable conditions, not otherwise unlawful, in the interests of public health and safety. An off-duty or retired police officer would have no greater rights than members of the general public in such circumstances."

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