SB1733 passed the Senate

[Dave70968]

It's not in this bill; it's in existing law:

§21-1289.24. Firearm regulation - State preemption.
FIREARM REGULATION – STATE PREEMPTION
A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.
2. A municipality may adopt any ordinance:
a. relating to the discharge of firearms within the jurisdiction of the municipality, and
b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act.
B. No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition, and supplies.
C. Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm improperly may include a provision for confiscation of property.
D. When a person’s rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both.

Note, in particular, section D: if anybody steps on the state's toes, you can sue the municipality and the individual. It looks like the state has explicitly waived officers' immunity in this field.

 

[kinggabby]

Just forced my neighbor to call and ask her to sign it.

 

[O4L]

I haven't read the entire bill yet.

Does anyone know if local municipalities will be able to outlaw Open Carry within their jurisdictions?

Thanks.

No, they can not. Oklahoma has preemption in all things firearms. This bill also adds protection so municipalities can not cite someone for disturbing the peace, public disorder, things like that just for openly carrying a firearm.

It's not in this bill; it's in existing law:


Note, in particular, section D: if anybody steps on the state's toes, you can sue the municipality and the individual. It looks like the state has explicitly waived officers' immunity in this field.

Thanks for all the information.

 

[RatTerrier]

I just made my call as well.

 

[O4L]

Sounds to me like she's been in office for about four months and is already considering whether to break a campaign promise based on how many phone calls she gets. Might be worth pointing out to her staff that if she decides her promises are worthless this early in her term, well, we'll have good memories come re-election time.

Ahem. It seems like it was just yesterday...in any event, regardless of how long she's been there, she needs to be reminded that if she can't be trusted to keep her word, she can be replaced.

I think we should all be very polite when contacting the Governor's office to show our support for the signing of SB1733.

If she backs out, then the gloves will come off!

 

[Dave70968]

I wasn't suggesting being impolite, just pointing out that it's something she promised.

 

[David2012]

No, they can not. Oklahoma has preemption in all things firearms. This bill also adds protection so municipalities can not cite someone for disturbing the peace, public disorder, things like that just for openly carrying a firearm.

+1... The new bill adds to and modifies language of the old bill. Trust us, the state preexemption is in there.

 

[David2012]

I wasn't suggesting being impolite, just pointing out that it's something she promised.

I don't see any benefit at all in making even a veiled comment about her needing to keep her campaign promise to sign the bill...politicians don't like that and it might sour her attitude. Since she has already said publicly she would sign the bill... I think we can help her most by remaining positive and giving her some evidence she can point to.. to show that pro gun advocates out weight the anti gun folks. And her phone poll is that evidence.

 

[MLR]

Just to make sure we are on the same page. Is this the wording that will protect us from disturbing the peace charges?

§21-1289.24. Firearm regulation - State preemption.
FIREARM REGULATION – STATE PREEMPTION
A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.
2. A municipality may adopt any ordinance:
a. relating to the discharge of firearms within the jurisdiction of the municipality, and
b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act.
B. No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition, and supplies.
C. Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm improperly may include a provision for confiscation of property.
D. When a person’s rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both.

Michael

 

[VladdDImpaler]

The underlined is what is being added with SB1733, it is what will protect us from the disturbing the peace charges.

FIREARM REGULATION – STATE PREEMPTION
A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.
2. A municipality may adopt any ordinance:
a. relating to the discharge of firearms within the jurisdiction of the municipality, and
b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act.
3. As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.