Wednesday, June 20, 2018

OK: Payne County Employees can Exercise Second Amendment Rights

The Payne County Oklahoma Budget Board voted to restore county employee's Second Amendment rights on May 14, 2018. Oklahoma requires a state issued carry permit to carry a handgun outside the home, except for certain, limited exceptions.

The Payne County Budget Board made clear that county employees can exercise Second Amendment rights inside of county buildings, if they have  a valid carry permit and sign a waiver. The waiver states they understand some limitations, and they are not to draw the firearm except in valid defense of self or others. From
Reding said the Budget Board, a body consisting of all elected county officers, voted during its May 14 meeting to implement the gun policy along with language for a waiver that employees who want to carry a gun while on the job must sign.

The forms would be turned in to the employee’s supervisor but, it hasn’t been determined where they will be stored, he said.

The document, which was provided to the News Press by Reding’s office, says employees understand that carrying or discharging a firearm is not part of their job, that any employee who removes a weapon from a holster except for the act of self-defense shall be considered for termination, agrees that firearms safety is to be observed at all times and states that employees understand they are not allowed to carry firearms into the courthouse or any other buildings specifically prohibited by law.
A particularly interesting part of the waiver is an instruction to county employees that if they are involved in an act of self-defense, they will not make a statement until they have been advised by an attorney. They will be required to participate in drills.
Employees could be required to participate in drills and must provide a copy of their current, valid handgun license and a copy of each renewal within 30 days of renewing.

They must agree not to make a statement until they have been advised by an attorney in the event they are involved in an “an act of self-defense.”
Not making a statement to police until you have an attorney is classic advise from self defense trainers and lawyers. It is significant that such action is now required by a county government in Oklahoma.

Another Oklahoma County restored Second Amendment rights to employees in Logan County in 2015.

A trend moving across the U.S.A. to restore rights that were infringed with personnel policies in local and state governments. Government worker should not be required to give up fundamental Constitutional rights. There are some exceptions. Prison guards should not, generally, carry guns among the prison population.

Bowling Green in Kentucky restored the ability to exercise Second Amendment rights to public employees at work, in 2018.  Georgia and Virginia counties restored the right to be armed to employees in 2016.  Local government employees have had rights restored in Kansas, North Carolina, Michigan, and Texas.

 Oklahoma has been restoring Second Amendment since the passage of the shall issue carry permit bill in 1995. In 2018, the legislature voted overwhelmingly to make Oklahoma a Constitutional Carry state. Governor Mary Fallin vetoed the legislation after the legislature adjourned.

I expect Constitutional Carry will become law in Oklahoma in the next few years.

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

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1 comment:

Anonymous said...

Guaranteed rights do not require permits or licenses. anyone denying your rights is subject to a rights violation law suit. state constitutions or local laws do not Trump the federal constitution.