2015 Legislative Firearm bills

[Commander Keen]

Though as alluded to previously, the Montana Act has not been regulated favorably by both the BATFE and the Federal courts. I have no idea as far as rulings and current status/production/licensing of "NFA"intrastate weapons (a paradox, I know) in states with similar FFA laws, like Tennessee.

Seeing as how the feds are doing absolutely nothing against states that have legalized marijuana, if they did try prosecuting someone who sold/purchased/used/manufactured what would have been a regulated firearm wouldn't there be grounds for some "equal protection under the law" defense/lawsuit?

I not a lawyer, nor did I stay at a holiday inn express last night, but I would think the government picking and choosing what laws to enforce (not that there isn't a lot of that already) shouldn't fly very far.

 

[hrdware]

HB1699 - Shell bill

HB1754 - Amends Title 21 Section 1277 - Changes prohibited places by only prohibiting those government buildings that have a security checkpoint attended by a commissioned peace officer at each public entrance for the detection of weapons

HB1764 - Shell bill

HB1769 - Shell bill

HB1856 - Would allow US district court judges to carry a firearm anywhere in the state for personal protection if they successfully complete a handgun qualification course for court officials

HB1911 - Removes "switchblade knife, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife" from the list of prohibited weapons

HB1936 - Reduces new and renewal fees to $25. Makes the background check a simple NICS check. Removes fingerprints from initial application. Removes all processing duties of the sheriff's office other than receiving the application (no finger prints or local background check) and taking photographs if needed. Instructors would no longer be able to charge for the safety and training course. Would make out of state permits illegal for OK residents.

HB1998 - Shell bill

HB2014 - Would allow public elementary and secondary personnnel who have completed a special reserve school resource officer academy to carry on campus provided a policy has been adopted by the board of education of that school district. Special reserve academy would be 3 weeks with an annual continuing education requirement of at least 8 hours

SB525 - Would allow Department of Corrections employees with a valid handgun license to keep a handgun in their car in the parking lot.

SB529 - Would allow any citizen over the age of 18 to openly carry a handgun in a vehicle without a license.

SB530 - Would allow any citizen over the age of 18 to transport a hangun either open or concealed without a license.

SB554 - Amends Title 21 Section 1290.8 - Would only be required to notify an officer of a firearm carried under the SDA when the officer asks about possession of a firearm.

SB556 - Would allow a legislator to carry a firearm anywhere in the state if they have successfully completed a handgun qualification course equivalent to the handgun qualification course for court officials.

SB557 - Amends Title 21 Section 1277 - Would allow public college, university or tech center faculty with a valid handgun license to carry on campus provided proper notification is made to the institution of the intent to carry a licensed weapon on campus.

SB625 - In lieu of an exemption certificate for training, an applicant may provide active or reserve military ID number or reserve or active, reserve, or retired law enforcement ID number.

SB718 - Amends Title 21 Section 1277 - Removes the section of law that prohibits carrying a firearm onto any college, university, or technology center property

SB735 - Would allow persons on active military duty, National Guard duty or regular military reserve duty and over 21 to use a military ID in lieu of a handgun license

SB798 - Amends Title 21 Section 1283 - Allows someone who has received a complete pardon for a violent felony to petition the governor to have their firearm rights restored.

SJR20 - Would refer to the people a constitution amendment of Section 26 of Article 2 of the Oklahoma Constitution. Constitutional carry

 

[CHenry]

Some of these seem repetitive?

 

[CHenry]

An what does shell bill mean? Its not defined yet?

 

[hrdware]

Some of these seem repetitive?

The repetitive ones are generally 2 members proposing similar bills or 1 member from each chamber proposing similar bills. Such as HJR1009 and SJR20. I haven't done a word by word comparison, but I believe these are the same bill, just one originates in the house and one originates in the senate.

You also have the car carry bills this session where some say you have to be over 21 to open carry in the car w/o a license, others say 18 and then there is another that says 18 (or maybe 21...I don't remember exactly at this moment) can open or conceal carry in a car w/o a license.

 

[hrdware]

An what does shell bill mean? Its not defined yet?

That is correct. A shell bill just means a legislator has submitted something they want to get a bull number on. It doesn't do anything and won't be brought up for a vote. However later in the session, if they want to run a bill they didn't have the language for before the bills were due, they can file an amendment to change the text of the bill and have it brought up for a vote.

It's kind of like a safety net in case they want to do something after the bill due date of the bill. These are included because they were created as something like "Oklahoma Firearms Freedom Act" and my search hit on firearms. In actuality, these bills could be used to change something related to auto insurance by the time an amendment is filed and approved.

 

[Super Dave]

So I could buy a MIO lower receiver only, and assemble it with full auto components without regard to NFA regulations, right? Since the "firearm" was made in OK, regardless of where the rest of my kit came originated?

I mean theoretically, presuming SB10 passes and the ATF and/or other DOJ lackeys don't try to unconstitutionally overstep into intrastate affairs.

It specifically says no fully automatic weapons. It is for SBRs and suppressors, however. I'm good with that.

So the big question will be this: Will the Feds try to enforce their laws over the state laws, or will they ignore it like they do the marajuana legal states?

Either way, I think it will force dealing with the issue of the NFA acts being unconstitutional, so it is good.

As a guy who owns a mill, I am all about an 80% lower with a nice big "MIO" on it, as well as a suppressor or two or ten or so.

So, does it have to be a lower made here, or a firearm made from parts from wherever, marked "MIO?" Technicaly, all of us who have put an AR together from parts have "manufactured" a firearm in the great state of Oklahoma already.

 

[Super Dave]

For your reading pleasure:

https://legiscan.com/OK/text/SB10/id/1053248/Oklahoma-2015-SB10-Introduced.pdf

 

[inactive]

It specifically says no fully automatic weapons. It is for SBRs and suppressors, however. I'm good with that.

Bah, I missed that part in the text. Thanks for clarifying.

So the big question will be this: Will the Feds try to enforce their laws over the state laws, or will they ignore it like they do the marajuana legal states?

It already appears they are/were enforcing it in states like Montana, based on published BATFE opinion and Federal court cases. Though I have not read of any civilly disobedient Montanan with an un-"taxed " SBR or Suppressor being prosecuted and taking the matter to court (maybe it has happened, but I have not heard of it if it has).

 

[Dave70968]

SB10 Firearms Manufacturer Relocation to Oklahoma Act - Federal nullification bill. Firearms and accessories made in Oklahoma and stamped "Made in Oklahoma" would be exempt from federal firearms regulation as long as they remained in OK.

So would this let us have a made in Oklahoma lower and SBR it without having to get a NFA stamp?

No, it would not. It would make the firearm legal in Oklahoma the same way marijuana is legal in Colorado: the state might not prosecute you for it, but the Feds would still have full authority to prosecute and imprison you for violating the NFA.

Dual sovereignty applies here. Get caught without your NFA stamp and you still get to visit Club Fed.