Tulsa commission seeks lawsuit dismissal

Published: September 6, 2008

TULSA - The operators of a state-run gun museum are asking that a breach-of-contract lawsuit against them be dismissed because of an improper venue.

The J.M. Davis Foundation filed a petition last month in Tulsa County District Court against the state and the J.M. Davis Memorial Commission, which oversees a collection of at least 13,000 firearms and historical artifacts at the J.M. Davis Arms and Historical Museum in Claremore.

The foundation has alleged negligence and mismanagement of the collection by the state and it seeks a return of the artifacts for purported sale.

Although some commission members live in Tulsa, the commission is based in Claremore, which is in Rogers County.

The law is clear that this action must be brought in the home county of the governmental entity being sued, according to a motion filed Thursday by Assistant Attorney General Scott D. Boughton, whose office represents the commission.

J.M. Davis donated his collection to the foundation in 1965 to preserve and display the artifacts to the public for free. The lease was signed two years later, and the museum opened in 1969.

Commission Chairman William Higgins, a Claremore lawyer, has stressed that the collection is in excellent condition.

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