SB 1760 Emergency Powers and Riot Control amendment.

[sanjuro893]

This is good for us............... right?

"Oklahoma Emergency Powers Improvement Legislation Assigned to House Public Safety Committee
Please Contact House Public Safety Committee Members to Urge Support of SB 1760
Last week, Senate Bill 1760 was approved by the Senate and sent to the House. This Oklahoma Emergency Powers/Riot Control Language Improvement legislation has now been assigned to the House Public Safety Committee and is in need of your support. Please contact committee members today and encourage them to consider and pass SB 1760 so that it can be sent to the House floor for a vote.

SB 1760 is authored by state Senator Anthony Sykes (R-24) and state Representative T.W. Shannon (R-62). As previously reported, this bill contains complete Emergency Powers language and provides a fix to the current gap in the language of the state riot control statute. Final passage and enactment of this bill is essential. The Oklahoma Senate voted unanimously to preserve the self-defense rights of Oklahoma citizens during declared emergencies, and it is important that the House also lends approval to this bill.

Your NRA-ILA will inform you of any updates regarding this and other firearm-related legislation during this session in Oklahoma. In advance of SB 1760’s hearing in the House Public Safety Committee, please contact committee members and urge them to support Senator Sykes’ Emergency Powers bill."

Here's the legalese of the bill: http://webserver1.lsb.state.ok.us/cf/2011-12 int/sb/SB1760 int.doc

 

[TerryMiller]

This:

B. Nothing in this section shall be construed to allow any official of a municipal or state entity to prohibit or suspend the sale, ownership, possession, transportation, carrying, registration, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.

seems to protect the rights of citizen from having weapons confiscated by the police as happened in New Orleans during Hurricane Katrina.

But this:

C. In imposing the restrictions provided for by this act the Oklahoma Riot Control and Prevention Act, the Governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state the Governor from time to time deems necessary.

following immediately after "B" makes me wonder.

You know, there are times I wish I was an attorney. Maybe I wouldn't be so confused.

 

[sanjuro893]

That's why I'm confused.

 

[cw821]

IMHO. B. Is specifically stating something that the state can not prohibit. C. Is stating when and how the prohibitions 1-8 in section A. can be instituted.

 

[cowmugger]

Irony...the "Emergency Powers Act"....will become effective Nov 1.

 

[tRidiot]

IMHO. B. Is specifically stating something that the state can not prohibit. C. Is stating when and how the prohibitions 1-8 in section A. can be instituted.

I agree.... section C does not mean there are times the Governor can invalidate section B. It is specifically addressing the times the provisions in A can be applied. It says "specifically provided for by the Oklahoma Riot Control and Prevention Act."

That means it is listing the things that can be done, and then saying the Governor can do them when they choose. But section B specifically says they cannot take away your legally-carried weapons.

I like it, though I haven't read the whole thing.

 

[sanjuro893]

okay. Thanks for the info, gang!

 

[hrdware]

The provisions in HB2416 are better. HB2416 allows for accidental exposure of concealed carry, but also has similar language. One other advantage that HB2416 has in it is the ability for civil recourse if the law is broken.

<snip the accidental exposure stuff>
A. No person acting on behalf or under the authority of the state or a political subdivision of the state may do any of the following during the existence of a proclaimed state of emergency:
1. Prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage, or display of a firearm or ammunition;
2. Seize or confiscate, or authorize the seizure or confiscation of, any otherwise lawfully possessed firearm or ammunition unless the person acting on behalf of or under the authority of the state is defending himself or herself or another from an assault, arresting a person in actual possession of a firearm or ammunition for a violation of law, or unless the firearm or ammunition is being seized or confiscated as evidence of a crime; or
3. Require registration of any firearm or ammunition.
B. The prohibitions set forth in paragraph 1 of subsection A of this section as such paragraph relates to a transfer shall not apply to the commercial sale of firearms or ammunition if an authorized authority has ordered an evacuation or general closure of businesses in the affected area.
C. Any individual aggrieved by a violation of this section may seek relief in an action at law or in equity for redress against any person who subjects such individual, or causes such individual to be subjected, to an action prohibited by this section.
D. In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of this section may bring an action for the return of such firearm or ammunition in the district court of the county in which that individual resides or in which such firearm or ammunition is located.
E. In any action or proceeding to enforce the provisions of this section, the court shall award the prevailing plaintiff costs and reasonable attorney fees.

 

[mons meg]

Any movement on this not covered on the LSB site?

Arguably, THIS bill is more important from a rights perspective than any of the other gun bills this session. It needs to pass.

 

[p238shooter]

This is great for State control, but our Fed Government is planning on signing several world treaties before the end of the year with the UN that could nix all this with UN binding law powers that the US will have to follow and there will be no recourse. We need to keep an eye on that.

http://thehill.com/opinion/columnists/dick-morris/209283-obamas-assault-on-america

If he is 1/10 right, we could have a problem.