Oklahoma Legislature Forbids "Red Flag" Laws, or Enforcement of Same

Oklahoma Capitol

The Oklahoma legislature passed SB 1081 on 15 May, the last day of the legislative session.  It was one of the last bills passed in 2020 before the legislature adjourned. It appears to be the first anti-red flag law passed by any legislature.

The legislature passed the bill, had it signed, enrolled, returned to the House, signed, returned to the Senate, and sent to the Governor, all on the same day.
A legislature can act quickly, when there is sufficient will to do so.

The anti-red flag bill was introduced in 2019, by Senator Nathan Dahm. Dahm wrote an op-ed, published in the Oklahoma Senate, explaining the need for and purpose of the anti-red flag bill. It is well written, but not widely published. It was put out as a press release. The entire op ed is included below. From oksenate.gov: 

In the midst of a new wave of constitutionally illiterate politicians trying to erase the Bill of Rights, the time is now for conservatives across the country to embrace a bolder, stronger strategy to defending the Second Amendment.

Washington’s never-ending obsession with shredding our right to keep and bear arms has gone on long enough. This is why I recently introduced Senate Bill 1081 in the state Senate, a bill that represents the aggressive legislative approach America needs. The bill, titled the “Anti-Red Flag Act,” would nullify any new attempt from the federal government to bring red flag laws to the Sooner State.

Red flag laws represent a barefaced attempt to seize property from more law-abiding Americans than ever before. In summary, these laws allow an individual’s firearms to be confiscated following nothing more than an anonymous accusation from either a family member or a law enforcement officer, directly violating at least four amendments to the Constitution.

The unconstitutionality of this is absurd, and, unfortunately, they’ve already been passed in 17 states and Washington, D.C. Additionally, several governors (Republican and Democrat) have recently jumped on board.

We cannot keep playing defense while expecting our constitutional rights to survive for very long with politicians who regard them as an inconvenience or even an obstacle to their schemes. Simply standing our ground and waiting for the gun control lobby to strike again has not worked — and it never will. With the passage of SB 1081, it is my hope that lawmakers across the nation will become inspired to champion similar legislation in their own states (and Congress) that not only safeguards the rights of every American but pre-emptively takes a stand against future efforts to dismantle our constitutional rights.

In doing so, however, we must recognize the full extent of the threat posed by Washington. Just last month, Sen. Lindsey Graham, R-S.C., and Richard Blumenthal, D-Conn., began collaborating on a new federal grant program designed to incentivize states to adopt red flag gun control. This plan was met with swift support from high-ranking members in both chambers of Congress.

Despite politicians in both parties being so readily willing to infringe on the people’s rights, the Second Amendment is abundantly clear: “... being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

And that is exactly what Oklahoma is: a free state. We will not allow due process to be torn apart. We will not allow career politicians 1,000 miles away to dictate our lives for us. And we will not allow Washington, D.C., to bribe or lull us into an existence of servitude.

Here is the summation of SB1081 as introduced:

An Act relating to state preemption of extreme risk protection orders; creating the Anti-Red Flag Act; preempting field of legislation relating to extreme risk protection orders; nullifying any federal rule, statute or executive order relating to extreme risk protection orders; creating a felony for conviction of an individual attempting to enforce certain orders; providing definition; providing for codification; and declaring an emergency.

SB1081 passed the Oklahoma Senate on 12 March, with 34 Ayes and 9 Nays.

Those voting Nay in the Senate are listed below.  From stat.ok.gov: 

   NAYS:    9

    Boren             Floyd             Kirt             

    Brooks            Hicks             Matthews         

    Dugger            Ikley-Freeman     Young  

SB1081 passed the House on 15 May, 2020 with 77 Ayes and 14 Nays. The Nays in the House are listed below. From state.ok.gov:            

    NAYS:   14

Albright       Brewer      Provenzano   Virgin            

Bennett        Dunnington  Ranson       Waldron           

Blancett       Goodwin     Rosecrants   Walke             

Branham        Munson       

To those who take the Constitution and the Bill of Rights seriously, red flag laws are a threat to the Constitutional order.  Those who consider the Constitution a "living document" subject to continual reinterpretations with the times, red flag laws are a common-sense measure to reduce "gun violence", with no Constitutional problems.

SB1081 was sent to Governor Kevin Stitt on 15 May, 2020. Governor Stitt could easily have vetoed the bill, as the legislature had adjourned. Instead, he signed the bill into law on 19 May, 2020.

Because an emergency was declared in the bill, it took effect immediately on becoming law.


©2020 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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