Opinion No. (2000)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General THE HONORABLE DICK DICKERSON, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: May a private entity operating an amusement theme park deny entry to an off-duty or retired city police 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? CONCLUSION A private entity operating an amusement theme park may deny entry to an off-duty or retired city police 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. ANALYSIS We are asked to assume that an off-duty or retired city police officer, not in the course of official duty, wishes to enter a privately owned and operated amusement theme park. 1 The operator of the theme park has a policy against admitting anyone carrying a firearm who is not then acting in an official capacity as a peace officer. 2 May the policy be applied to off-duty and retired police officers? We conclude…