Each new year means law-abiding gun owners in Oklahoma need to be on the lookout for the latest assault on the Second Amendment. You may have seen discussions about bills that could affect your gun and self-defense rights. Here is a preview of some bills and issues that have been filed and raised (so far) that are noteworthy. However, please keep in mind that all the bills and resolutions listed below are currently proposals and not law.
Oklahoma Laws and Proposals from 2020
Only one out of the 46 pro-gun bills and none of the 12 anti-gun bills in Oklahoma made it out of the legislature in 2020. SB 1081, the anti-red flag bill, was signed into law by Governor Stitt in May of 2020. This law is Oklahoma’s reaction to red flag laws causing controversy in other states.
The law provides:
- Preemption in the area of red flag laws; that means no municipality or governmental political subdivision can legislate in the field of red flag laws.
- Agencies and political subdivisions are barred from accepting funding to implement statutes, rules, executive orders, judicial orders, or judicial findings that would force an extreme risk protection order against a citizen of Oklahoma.
- An “extreme risk protection order” means an executive order, written order or warrant issued by a court or signed by a magistrate or comparable officer of the court, for which the primary purpose is to reduce the risk of firearm-related death or injury by doing one or more of the following:
- Prohibiting a named individual from having under the custody or control of the individual, owning, possessing or receiving a firearm; or
- Having a firearm removed or requiring the surrender of firearms from a named individual.
The anti-red flag law in Oklahoma is short and sweet.
Federal Proposals on the Horizon
Last session, the 116th U.S. Congress proposed assault weapons bans, red flag orders, mandatory reporting of NICS denials to law enforcement, and countless other anti-2A legislation. All of these individual proposals were awful, but none were worse than the omnibus HR 5717 (Gun Violence Prevention and Community Safety Act of 2020), which would have incorporated the worst provisions of each of these proposals. If you want a preview of what anti-gun bills filed during the 117th Congress could look like, pay attention to HR 5717. The 117th Congress was sworn in on January 3, 2021, and their term ends on January 3, 2023. To learn about how federal law is made, check out The Legislative Process by the United States House of Representatives, and stay tuned. We are keeping a close watch for bills and resolutions that would affect Second Amendment rights.
For more information about 2021 legislation that could impact your rights as a law-abiding gun owner, contact U.S. LawShield and ask to speak to your Independent Program Attorney.
The information provided in this publication is intended to provide general information to individuals and is not legal advice. The information included in this publication may not be quoted or referred to in any other publication without the prior written consent of U.S. LawShield, to be given or withheld at our discretion. The information is not a substitute for, and does not replace the advice or representation of a licensed attorney. We strive to ensure the information included in this publication is accurate and current, however, no claim is made to the accuracy of the information and we are not responsible for any consequences that may result from the use of information in this publication. The use of this publication does not create an attorney-client relationship between U.S. LawShield, any independent program attorney, and any individual.