Constitutional Carry on the March in Oklahoma with New Governor

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Support Constitutional Carry

U.S.A.-(Ammoland.com)- On 25 April 2018, the Oklahoma House of Representatives passed Constitutional Carry by a vote of 59-28. The bill had passed the Senate unanimously on March 6th, 2018.  Constitutional Carry was part a bill removing wildlife refuges as gun free zones. The amendment process allowed the bill to bypass Senate committees that had blocked Constitutional Carry in the past.

On 2 May 2018, the Oklahoma Senate passed Constitutional Carry again.  The popular bill had passed both the House and the Senate by veto-proof margins. It passed the Senate on a 33-8 vote.

On 11 May of 2018, Governor Mary Fallin vetoed Constitutional Carry in Oklahoma.

Governor Fallin was term-limited, and could not run for governor for a  third term. She felt free to violate her campaign promises and veto the popular bill.

On September 4, 2018, governor candidate Kevin Stitt said he would sign a Constitutional Carry bill. From news9.com:

“I would sign it. I am a constitutional conservative. I support the first amendment, the second amendment and I think the best defense for a bad guy with a gun, is a good guy with a gun,” said Stitt.

Kevin Stitt, the Republican candidate, was elected on 6 November 2018, with over 54% of the vote.

The results of the 2018 elections leave Republicans with super majorities in both houses in Oklahoma. In the Senate, Republicans have 39 of 48 seats. In the House, Republicans have 76 of 101 seats.

Senator Kevin Dahm has said he will reintroduce SB1212 this year. The prospects for Constitutional Carry in Oklahoma look good.

The demons dwelling in the details can throw pitchforks into the gears. Many legislators who loudly proclaim they are Second Amendment supporters work hard to derail Constitutional Carry behind the scenes.

Nonetheless, SB 1212 or another version of Constitutional Carry is likely to become law in Oklahoma in 2019. If passed, the statute would go into effect in November of 2019.

The Third Millennium has seen a resurgence in Constitutional Carry.

There are 13 states that already have forms of Constitutional Carry, and Vermont has always been a Constitutional Carry state.

Constitutional Carry on the March in Oklahoma with New Governor
Right-to-Carry as of 2017

All 18 states were Constitutional Carry states before 1813. In 1833 the Supreme Court ruled the Bill of Rights did not apply to the States. States, especially slave states, accelerated restricting the exercise of the Second Amendment.

The first restrictions of consequence were on concealed carry. By the 1920s all previous slave states had restrictions on concealed carry; by 1950 all states but Vermont prohibited concealed carry without a permit. Since then, in this new millennium Constitutional Carry has been on a steady march, with many successes:

  • 2003, Alaska passed Constitutional Carry to restore the exercise of Second Amendment rights.
  • 2010, Arizona passed Constitutional Carry.
  • 2011, Wyoming passed Constitutional Carry.
  • 2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry, but is disputed by some county prosecutors.
  • 2015, Kansas, and Maine joined the Constitutional Carry club.
  • 2016, Idaho, Missouri, West Virginia, and Mississippi enacted Constitutional Carry.
  • 2017, New Hampshire, and North Dakota were added to the list.

In 2018, South Dakota replaced a governor who vetoed Constitutional Carry with one who promised to sign a Constitutional Carry law. It is uncertain whether South Dakota or Oklahoma will pass Constitutional Carry first in 2019.

If Governor Stitt signs SB 1212 into law, Oklahoma will be the 14th or 15th state to restore Constitutional Carry in the nation.

If both Oklahoma and South Dakota pass Constitutional Carry laws in 2019, 30 percent of the states in the United States will have restored Second Amendment rights with more than mere words.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 9 thoughts on “Constitutional Carry on the March in Oklahoma with New Governor

    1. Constitutional Carry has nothing to do with open or concealed carry, state to state jurisdiction for carry or anything else other than to be able to carry a firearm without training or licence to do so. In a “common sense is not a common virtue” climate we live in today think of this, when picking a sports team do you pick the weakest people first or last? Do you want the highest trained athlete or an average guy? Im currently retired from the military and even in the most pristine training environment with some of the most skilled Soldiers, the safety rules are adhered to with unwavering diligence. Everyday people do not adhere to the same attitude nor seem to understand that when they shoot their weapon they alone are responsible for EVERYTHING that round touches REGARDLESS of the situation or amount of duress they encounter. So when you squeeze the trigger at another person violating your rights remember, grandma and her dog are sitting in a car behind them…… and off to jail you go.

    2. Have you ever noticed that the very same people who claim that there is a Second Amendment right to concealed carry also fail to mention that in 1791, when the Second Amendment was enacted, if someone used a concealed weapon to kill another person and that other person had not first stabbed or shot at the concealed weapon carrier then the concealed weapon carrier was executed? There was no possibility of parole or a lesser sentence.

      The same was true of people who had voluntarily entered into mutual combat. If during this combat one used a weapon concealed either upon his person or secreted about him to kill his opponent then he was guilty of murder and could not be pardoned or receive a sentence less than death. This was true even if the person who used the concealed weapon would have been killed had he not used the concealed weapon to defend himself.

      That had been the law since before the first English colony was founded at Jamestown, Virginia, in 1607.

      Of course, these are also the same people who say that they have a Second Amendment right to concealed carry because the plain text of the Amendment doesn’t say they can’t carry concealed.

      These are the same people who should not be allowed anywhere near a weapon.

      1. The 2nd Amendment says we have a right to “bear arms”. “Bear” means to carry. In the modern day and age concealed is the preferable means to carry an arm, for 2 primary reasons. One is a finicky public. As a concealed carrier in NY state, were I to open carry rapid anti-gun liberals would start frothing at the mouth at the sight of me carrying. Secondly, concealed gives you the edge against criminals as they do not know you have a weapon. Having a weapon may make you a target.
        You also fail to acknowledge that back in 1791 you could walk around with a musket strapped to your back. Times were different then.

    3. When you buy a gun,they run a background check, before they sell it to you,so you should be able to carry it.I can see it being a good idea to take gun safety class.But you shouldn’t have to buy a permit.A gun safety class is only about $60.00 dollars ,and Its a good Idea for someone new to guns and a refresher for those who already shoot alot.They still need to know where they can an cant carry there guns,most stores are posted if you cant.

    4. “2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry, but is disputed by some county prosecutors.”

      I live in Little Rock, AR & was recently told by the *AR State Police* that if I wanted to conceal carry I would have to get a CCL. I would have to pay $148 up front for the CCL application, go to a firearms instructor for training on how to use a firearm (no telling how much THAT would cost!), & then get fingerprinted. Open carry, no problem….concealed carry, you must be licensed (or so I was told).

    5. Mr. Weingarten, on October 17, 2018, the Arkansas Court of Appeals issued a decision in Taff v. State of Arkansas. In that decision, the court said:
      “Merely possessing a weapon is not a crime in the State of Arkansas. See Ark. Code Ann. § 5-73-120(a) (providing that “[a] person commits the offense of carrying a weapon if he or she possesses a handgun . . . on or about his person . . . with a purpose to attempt to unlawfully employ the handgun . . . as a weapon against a person”); see also Op. Ark. Att’y No. 064 (2015) (“[I]n general merely possessing a handgun on your person . . . does not violate § 5-73-120(a) and may be done if it does not violate other laws or regulations.”). Under the clear language of section 5-73-120(a), the possessor of a handgun must have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act. Under the rule of lenity, any doubts as to the interpretation of a criminal statute are resolved in favor of the defendant. See Williams v. State, 364 Ark. 203, 208, 217 S.W.3d 817, 819–20 (2005).”

      The court has officially ruled that Arkansas is a Constitutional Carry state.

    6. This is just the carrot they are dangling out in front of us again. It had what it needed last time but the incoming governor needed it to win. It already has some who were for it last time rethinking their position now as they no longer need votes for a while. The governor isn’t pushing for it he stated “I’LL SIGN IT IF THEY CAN GET IT TO ME”.
      Even if it does don’t forget that if you leave the state you may still need a permit. Don’t count on the unicorn nationwide carry either because once again they no longer need the votes.

    7. Great! Though I won’t hold my breath this time. I wish they would change the law so that any handgun which is legal to own by Federal law is also legal to be carried, concealed or openly. They currently restrict the guns to those which are “45 caliber” or smaller. So you can carry a S&W 460 Magnum but not a 50 AE or 50GI. We’ll see.

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