Oklahoma Judge Denies Desperate Injunction against Constitutional Carry

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Constitutional Carry
Oklahoma Judge Denies Desperate Injunction against Constitutional Carry

Arizona -(Ammoland.com)- On Friday, 1 November, 2019, Constitutional Carry is scheduled to be restored in Oklahoma. The latest desperate attempt to stop the restoration was blocked by an Oklahoma District judge. The plaintiffs had asked for a temporary injunction against the law. From oag.ok.gov:

Attorney General Mike Hunter today released the following statement after Oklahoma County District Judge Don Andrews’ ruling that denied the plaintiffs request for a preliminary injunction that would have prevented the constitutional carry law from going into effect on Nov. 1.

The law will now take effect Friday, despite ongoing litigation.

 “We are pleased Judge Andrews ruled in our favor and did not grant a preliminary injunction, which will allow this law to go into effect on Nov. 1,” Attorney General Hunter said. “My office is proud to defend the constitutional carry law against a political attack by plaintiffs who were unable to succeed at the legislature, unable to persuade voters in the referendum process and now seeking to overturn a duly enacted law with meritless claims and scare tactics.”

Oklahoma is the 15th state to restore Constitutional Carry. Vermont has always had Constitutional Carry, since becoming a state on March 4th, 1791. The states that have restored Constitutional Carry have not seen an increase in violent crimes involving guns, or accidents involving guns.

Constitutional Carry is the right to carry loaded handguns in most public places. It is the state of the law which existed when the Constitution was written and when the Bill of Rights was ratified. It remained the state of the law for forty years until the original writers of the Constitution were dead. The last of them, Jame Madison, died in 1836.  In Oklahoma, Constitutional Carry has been popular in the legislature. From an article I wrote two weeks ago:

On 27 February, 2019, Governor Kevin Stitt signed House Bill 2597, Constitutional Carry, into law. The bill had passed the Senate 40 to 6, with 2 excused, on the same day.

Two weeks earlier, the bill had passed the House, 70 to 30, with 1 excused.

In 2018, Constitutional Carry had passed the legislature with large margins. Governor Mary Fallin vetoed the bill on 11 May, 2018.

Earlier this year, 2019, a veto referendum was attempted by Representative Lowe and others. It required 59,320 signatures. It failed with 37,057 valid signatures. Lowe had claimed the effort had collected over 59,000 signatures, then later said his information was wrong.

Those who oppose Constitutional Carry do not seem to be interested in the facts.

It might be they are afraid of them. An easy prediction: Constitutional Carry will go into effect. There will not be a noticeable effect, except that Second Amendment rights will be restored, and the rule of law re-enforced.

This may be what those opposed are afraid of most: to be shown, their fears and predictions are wrong. It has happened many times in the past, with the restoration of Constitutional Carry in the previous 14 states.

Vermont always had Constitutional Carry.

15 States have passed some version of Constitutional Carry since 2003.

  • 2003, Alaska restored Constitutional Carry to the exercise of Second Amendment rights.
  • 2010, Arizona restored Constitutional Carry.
  • 2011, Wyoming restored Constitutional Carry.
  • 2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry. Some county prosecutors have threatened prosecution. None has occurred.
  • 2015, Kansas, and Maine became Constitutional Carry club members.
  • 2016, Idaho, Missouri, West Virginia, and Mississippi became Constitutional Carry states.
  • 2017, New Hampshire, and North Dakota restored Constitutional Carry.
  • 2019, South Dakota and Oklahoma, and Kentucky have restored Constitutional Carry.

Several other states seem ripe to pass Constitutional Carry. A Democrat governor has vetoed Constitutional Carry in Montana for years.

A Republican governor may well be elected in Louisiana. Tennessee,  Alabama, Indiana, and Iowa are all plausible candidates to restore Constitutional Carry.

Wisconsin, Michigan, and Texas all have significant efforts to restore Constitutional Carry.

32% of all the states currently have Constitutional Carry. If one more state restores Constitutional Carry, more than 1/3 of the states will have Constitutional Carry in effect.


Dean Weingarten
Dean Weingarten

About 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.

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Wild BillVanns40RoyDloveaduckArizona Don Recent comment authors
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Arizona Don
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Arizona Don

It is a fact constitutional carry should be a federal law since the constitution is federal law and it is in the constitution therefore according to the 10th amendment it is federal right.

freewill
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freewill

The tenthamendmentcenter can take credit for this victory, and all the States Mr. Weingarten mentioned, They r taking this fight directly to the States, Nullification is the key!, I for one am sick of SAF n NRA “supposedly defending” and compromising our Rights away,

Arizona Don
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Arizona Don

In 2010 Arizona was quickly becoming the kidnap and car jack capital of America however, in that year the congress passed and Governor Brewer signed into law constitutional carry (Remember the governor who made headlines for shaking her finger at Obama)? Almost over night crime started down and has done so nearly every year since. This fact is not shared by the MSM because it does not fit their narrative of a path to gun registration and confiscation. During the bloody twentieth century, the bloodiest century in mankind’s history, when between 170 Million and 260 Million citizens throughout Europe and… Read more »

Bill N
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Bill N

Prior to West Virginia passing the law allowing constitutional carry a local paper in had an editorial page condemning the passage with the reasoning “the streets in Martinsburg will run red with blood”. Well either that city has an exceptional street cleaning crew or there has been no blood in the streets. The left has always had a doom and gloom theory and will never change. Some people simply cannot be reasoned with.

KDad
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KDad

Here in Colorado, with the entire state government being DemocRAT, I don’t look for Constitutional Carry here any time soon.

loveaduck
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loveaduck

Here in WA we aren’t able to get an effort off the ground. The folks around Puget Sound will keep taking rights away rather than restoring them.

Hankus
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Hankus

Dang, if this keeps up I won’t need my UT permit!

Savage
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Savage

Only in those states that recognize the Constitution as being the supreme law of the land.

CaptainKerosene
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CaptainKerosene

Constitutional Carry is great.. But just because the doesn’t REQUIRE that you know the law of Use of Force. But prudence makes studying your state laws on use of force. Every state has requirements for lawful self-defense. One benefit of the passage of carry license laws that each state has published the laws that you needed to know to get a license. Now that a license is no longer required, the law still requires you know the Use of Force laws. If you’re stopped for a taillight or some other minor traffic infraction the state may require you divulge that… Read more »

Vanns40
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Vanns40

You have an awful lot of “mays” and “ifs” in there. There are plenty of States which do NOT require you to inform if you are armed during a traffic stop and, in fact, that has nothing to do with the traffic stop so why should you? There are also States where there is no class to obtain a concealed “permit”, which, by the way, is a Right, not something that should be governed by the State (that’s reserved for privileges). It is true that the individual is responsible for knowing when to employ the appropriate force but that, again,… Read more »

Arizona Don
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Arizona Don

If you are asked always reply truthfully. Truth is always best. Never offer information not asked for.

RoyD
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RoyD

You are right Vanns40, everyone has the ability to “roll the dice.” Have done it myself in the past. Just don’t cry when they come up “snake eyes.”

Vanns40
Member
Vanns40

Not sure I understand what you mean by “rolling the dice” when it comes to your Rights and government trying to turn them into privileges.

Arizona Don
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Arizona Don

I was stopped for speeding here in Arizona some five or six years ago and asked if I had a gun. Of course I do. I also replied I once worked law enforcement here in Arizona for nearly eight years and nothing further was said. However, I do believe everyone who carries a gun concealed for self protection should educate themselves to its proper use. That is just common sense. Although common sense does not seem to be that common anymore it does seem those who carry have that much at least. At least here in Arizona.

Wild Bill
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Wild Bill

@CK, Actually “the law” does not require that “… you know the Use of Force laws…” That requirement is not in the Second Amendment. One has the freedom to remain woefully ignorant, to our detriment.
Other Tenth Amendment state police powers and capitol punishment make it really obvious, to everyone, that it behooves them to learn there state’s use of force statutes and act accordingly. I like the rest of it, though.

Will
Member
Will

I’m so glad for my neighbors to the north, Oklahoma. In Texas, we were on the verge of getting CC the last legislative session (had the votes) but we have our share of liberal socialists scumbags too. They obstructed,stalled,and delayed and the bill never advanced. Them SOB’s serve no useful purpose in society.

Wild Bill
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Wild Bill

@Will, Yep, we have to vote those bastards out this next election.

Savage
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Savage

Unfortunately we have too many of those damn Californians moving here bring their liberal/democrat loony ideas with them.

StWayne
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StWayne

Savage — I have always marveled at that. I see it with immigrants, too. They drag around with them whatever failed policies they’re running from, just as if the hope of repeating them will change anything. Take the Hmong people. They immigrate here demanding the very same failed “rights” they flee from, like cannibalism. And damn if our government doesn’t oblige them. After the birth of every child, they gather around to eat the placenta: and that’s cannibalism pure and simple You can’t do it, and will be arrested if you do, but with the Hmong it’s okay because it’s… Read more »

Green Mtn. Boy
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Green Mtn. Boy

Oklahoman Leftards panties are in a knot over Freedom and Liberty,they will get over it or knot,who cares.