Wednesday, February 28, 2018

Oklahoma Bill Introduced for Constitutional Carry

HB 2951 has been introduced in the Oklahoma House. It is an interesting version of Constitutional Carry. The bill adds self-defense to the list of activities that are exceptions to the general prohibition on carrying weapons that exist in Oklahoma law. It includes knives as well as guns. From
Coody said House Bill 2951 is about law-abiding citizens protecting themselves in worst-case situations. The proposed legislation says anyone 21 or older, or at least 18 years old and a veteran or enlisted military member, would be able to carry a gun or rifle without a license.
Here is the first change in the bill, which alters 21 O.S. 2011, Section 1272.
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit: 

1. The proper use of guns and knives for self-defense, hunting, fishing, educational or recreational purposes;
There are numerous other changes accomplished by the bill, which has the usual exceptions for convicted felons, mentally incompetent, and all the usual list of prohibited possessors.

Much of the rest of the bill makes the exceptions for concealed carry permit holders apply to people who may legally possess firearms.  There are numerous "gun free zones" in the existing legislation. For most of the zones, the penalty, if such a person is found to be violating the "gun free zone" is to be removed from the property. If they refuse to leave, the penalty is a $250 fine.

The penalty is different for people with concealed carry permits who are caught carrying firearms on the campus of institutes of higher eduction.

If they are caught in such an activity, the campus may report them to the Oklahoma State Bureau of Investigation within 10 days. Then the Bureau shall give notice to the licensee and hold a hearing.  The licensee may then be fined $250 and have their license suspended for three months.

The institutes of higher education are not prohibited from imposing administrative penalties on students who violate the institutions administrative rules concerning weapons.

The Oklahoma legislature has super majorities of Republicans in both houses. In the House, the majority is 74 to 26. In the Senate, 38 to 10. The governor of Oklahoma, Mary Fallin, is a Republican.

The bill has a reasonable chance of passage. Vermont was the only state with Constitutional Carry for decades, but the bills have been popular in state legislatures in the third millennium.

 In 2003, Alaska passed the reform to restore the exercise of Second Amendment rights. In 2010, Arizona passed Constitutional Carry. In 2011, Wyoming, in 2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry, but is disputed by some county prosecutors. in 2015, Kansas, and Maine joined the Constitutional Carry club. In 2016, Idaho, Missouri, West Virginia, and Alabama enacted Constitutional Carry. In 2017, New Hampshire, and North Dakota were added to the list.

There are now 13 states with Constitutional Carry, as many as the original 13 states that ratified the United States Constitution.

©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

No comments: