OK Constitutional Amendment to protect gun owners

[rawhide]

HJR1026, with some new language, is proposed again this year to amend Article 2, Section 26 of the Oklahoma Constitution. New language will address contradictions with our state's Second Amendment, if you will, as well as established case law (ex parte Thomas and Pierce v. State).

Current language of HJR1026:

A. The fundamental right of each individual citizen to keep and bear (that is, to carry) arms, including semi-automatic and manually loading handguns, rifles, and shotguns, knives, non-lethal defensive weapons, and any other arms in common use in this State, as well as ammunition and the components of arms and ammunition, for security, self-defense, lawful hunting and recreation, in aid of the civil power when thereunto lawfully summoned, or for any other legitimate purpose shall not be infringed.
B. Regulations of this right shall be subject to strict scrutiny. In particular, regulations of the exercise, in public places, of the right to bear arms (1) shall be narrowly tailored to a compelling interest, (2) shall be based on objective and uniform standards, and (3) shall not impose burdens that frustrate or impair the ability of peaceable citizens to bear arms for the security and self-defense. Nothing contained in this section shall prevent this State from authorizing citizens of other States to bear arms in the State of Oklahoma.
C. This section shall not prevent legislation prohibiting the possession of arms by those convicted of any violent or otherwise dangerous felony, those adjudicated as mentally incompetent, or those who have been committed to any mental institution.
D. No law shall impose licensure, registration or special taxation on the acquisition, ownership or possession of arms, ammunition, or the components of arms or ammunition.

· Paragraph A clearly spells out that this right is an individual right, while also acknowledging the collective aspect of the right (in aid of the civil power) as well as recreational use and hunting.
· HJR1026 addresses case law issues by specifically including handguns and other key words and phrases, all directed at dealing with issues presented by bad case law.
· Paragraph B will prevent the courts from butchering Section 26 by requiring regulation of the right to be subject to strict scrutiny. Currently most Second Amendment legislation is reviewed under intermediate scrutiny.

Ask your state representative and state senator to sign on as co-authors.
Oklahoma House of Representative: (405) 521-2711 or (800) 522-8502
http://www.okhouse.gov/Members/Default.aspx
Oklahoma Senate: (405) 524-0126
http://www.oksenate.gov/Senators/Default.aspx?selectedtab=0

 

[mons meg]

If that made it into the State Constitution, then all those stupid knife laws would go poof (after a court case)...yes?

 

[Jack T.]

Thank you, rawhide. . .I hadn't seen the actual text of the Amendment yet.

 

[Fredkrueger100]

Part c will kill it. No one in their right mind would allow this to pass. I agree with constitutional carry but their has to be some rules. I hate saying that but it is the way I feel it should be. People that are mentally ill have no business being able to carry or own a firearm. And if someone goes out and brutally rapes a child or a woman then they don't deserve to have the right either. But I do believe some felons should have the right. Just not violent ones. Unless it has been a very long time and they have proved they have changed. I don't know exactly what the Alaskan constitution says but maybe we need something like theirs. I don't believe felons or mentally ill can have guns there. And I don't believe they have licenses.

 

[Jack T.]

Part c will kill it. No one in their right mind would allow this to pass. I agree with constitutional carry but their has to be some rules. I hate saying that but it is the way I feel it should be. People that are mentally ill have no business being able to carry or own a firearm. And if someone goes out and brutally rapes a child or a woman then they don't deserve to have the right either.

RIF.

"This section shall not prevent legislation prohibiting the possession of arms by those convicted of any violent or otherwise dangerous felony, those adjudicated as mentally incompetent, or those who have been committed to any mental institution."