Oklahoma Legislature Forbids “Red Flag” Laws, or Enforcement of Same

Oklahoma Legislature Forbids "Red Flag" Laws, or Enforcement of Same, iStock-884218046
Oklahoma Legislature Forbids “Red Flag” Laws, or Enforcement of Same, iStock-884218046

U.S.A.-(AmmoLand.com)- The Oklahoma legislature passed SB 1081 on 15 May, the last day of the legislative session.  It was one of the last bills passed in 2020 before the legislature adjourned. It appears to be the first anti-red flag law passed by any legislature.

The legislature passed the bill, had it signed, enrolled, returned to the House, signed, returned to the Senate, and sent to the Governor, all on the same day.

A legislature can act quickly, when there is sufficient will to do so.

The anti-red flag bill was introduced in 2019, by Senator Nathan Dahm. Dahm wrote an op-ed, published in the Oklahoma Senate, explaining the need for and purpose of the anti-red flag bill. It is well written, but not widely published. It was put out as a press release. The entire op ed is included below. From oksenate.gov:

In the midst of a new wave of constitutionally illiterate politicians trying to erase the Bill of Rights, the time is now for conservatives across the country to embrace a bolder, stronger strategy to defending the Second Amendment.

Washington’s never-ending obsession with shredding our right to keep and bear arms has gone on long enough. This is why I recently introduced Senate Bill 1081 in the state Senate, a bill that represents the aggressive legislative approach America needs. The bill, titled the “Anti-Red Flag Act,” would nullify any new attempt from the federal government to bring red flag laws to the Sooner State.

Red flag laws represent a barefaced attempt to seize property from more law-abiding Americans than ever before. In summary, these laws allow an individual’s firearms to be confiscated following nothing more than an anonymous accusation from either a family member or a law enforcement officer, directly violating at least four amendments to the Constitution.

The unconstitutionality of this is absurd, and, unfortunately, they’ve already been passed in 17 states and Washington, D.C. Additionally, several governors (Republican and Democrat) have recently jumped on board.

We cannot keep playing defense while expecting our constitutional rights to survive for very long with politicians who regard them as an inconvenience or even an obstacle to their schemes. Simply standing our ground and waiting for the gun control lobby to strike again has not worked — and it never will. With the passage of SB 1081, it is my hope that lawmakers across the nation will become inspired to champion similar legislation in their own states (and Congress) that not only safeguards the rights of every American but pre-emptively takes a stand against future efforts to dismantle our constitutional rights.

In doing so, however, we must recognize the full extent of the threat posed by Washington. Just last month, Sen. Lindsey Graham, R-S.C., and Richard Blumenthal, D-Conn., began collaborating on a new federal grant program designed to incentivize states to adopt red flag gun control. This plan was met with swift support from high-ranking members in both chambers of Congress.

Despite politicians in both parties being so readily willing to infringe on the people’s rights, the Second Amendment is abundantly clear: “… being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

And that is exactly what Oklahoma is: a free state. We will not allow due process to be torn apart. We will not allow career politicians 1,000 miles away to dictate our lives for us. And we will not allow Washington, D.C., to bribe or lull us into an existence of servitude.

Here is the summation of SB1081 as introduced:

An Act relating to state preemption of extreme risk protection orders; creating the Anti-Red Flag Act; preempting field of legislation relating to extreme risk protection orders; nullifying any federal rule, statute or executive order relating to extreme risk protection orders; creating a felony for conviction of an individual attempting to enforce certain orders; providing definition; providing for codification; and declaring an emergency.

SB1081 passed the Oklahoma Senate on 12 March, with 34 Ayes and 9 Nays.

Those voting Nay in the Senate are listed below.  From stat.ok.gov:

NAYS:    9

  • Boren
  • Brooks
  • Dugger
  • Floyd
  • Hicks
  • Ikley-Freeman
  • Kirt
  • Matthews
  • Young

SB1081 passed the House on 15 May, 2020 with 77 Ayes and 14 Nays. The Nays in the House are listed below. From state.ok.gov:

NAYS:   14

  • Albright
  • Bennett
  • Blancett
  • Branham
  • Brewer
  • Dunnington
  • Goodwin
  • Munson
  • Provenzno
  • Ranson
  • Rosecrants
  • Virgin
  • Waldon
  • Walke

To those who take the Constitution and the Bill of Rights seriously, red flag laws are a threat to the Constitutional order.  Those who consider the Constitution a “living document” subject to continual reinterpretations with the times, red flag laws are a common-sense measure to reduce “gun violence”, with no Constitutional problems.

SB1081 was sent to Governor Kevin Stitt on 15 May, 2020. Governor Stitt could easily have vetoed the bill, as the legislature had adjourned. Instead, he signed the bill into law on 19 May, 2020.

Because an emergency was declared in the bill, it took effect immediately on becoming law.



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 retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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joefoam
joefoam
1 month ago

I hope the voters in OK are writing down the names of the tyrants they need to vote out of office in the next election. Thanks for providing it.

SoSueMe
SoSueMe
1 month ago

I’ve read and reread the Second Amendment multiple times and have yet to find the word “except” in there anywhere…

It’s a right, not a privilege, and as such it’s absolute!

hoss
hoss
1 month ago

Sen. Lindsey Graham is one of the original deep state members. That poser ain’t fooling anyone.

nobodyuknow
nobodyuknow
1 month ago

I want to thank the Oklahoma legislature and the Governor for this action. It is time for Patriotic Americans to begin putting a halt to the Constitution busting activities of the Communist Democraps!!!! And for all of you a**holes on the Nay lists, I certainly hope that you are soundly DEFEATED in your next election!!!

Camotim
Camotim
1 month ago

Some politicians understand and adhere to their constitutional oath of office to “support and defend the Constitution of the United States.”

The other Jim
The other Jim
1 month ago

Good to hear.
I just attached the link of this article at the end of my e-mail to Graham: “For Anti-Second Amendment/Anti-Constitution Traitor Republican Senator Lindsay Graham, because some Legislators live without fear in defending our Constitution”.

Wild Bill
Wild Bill
1 month ago
Reply to  The other Jim

@USA, The purported authority is right there. You skipped right over it. Article 1, section 8, clause 3, the commerce clause. That is what Congress hung its hat on. But that only works, philosophically, if government can use its Constitutional authority to limit Rights. That is why all branches of government have been working so hard to make us believe that our Rights are limited. The founders would say that a Right limited by government is no Right at all, or soon would not be. The founders and I believe that a Right enshrined and guaranteed by the Constitution are… Read more »

Wild Bill
Wild Bill
1 month ago
Reply to  Wild Bill

@USA, I know that you know. I did not write it for you directly, but rather any new readers that do not know. You provided a nice lead in, and I appreciate that.

RoyD
RoyD
1 month ago
Reply to  Wild Bill

WB: I knew of three people who went to Federal Prison due to the Commerce Clause. You see, they decided to hold up a fried chicken joint and took cash from the place. When they were caught the Feds said that because the money they took would have been used to buy chicken which was from another State it amounted to interference with interstate commerce. If I remember correctly they each got either three or five years. True story.

Wild Bill
Wild Bill
1 month ago
Reply to  RoyD

, Yep, that is the fed, alright! Are you sure it was only 3-5 because I don’t know of any federal felonies that are that short. Anyway that sounds like the feds.

joefoam
joefoam
1 month ago
Reply to  The other Jim

Remember to send one to Rubio.

BrainMatters
BrainMatters
1 month ago

Hats off to the State of Oklahoma, time for the foolish Senators and Representatives of Florida to follow suit.

Matt in Oklahoma
Matt in Oklahoma
1 month ago

It’s a shame we must have a law stating that a law without due process is illegal. Red Flag laws aren’t needed. I was a cop and there are laws in place that allow you to handle mentality ill and threats.
Red Flags Laws are nothing more than power grabs.

Deplorable Bill
Deplorable Bill
1 month ago

Finally some common, constitutional sense. Red flag laws are unconstitutional at best and criminal, draconian and tyrannical in nature. Red flag laws are a CALL TO ARMS for any who value their rights, freedoms, life, liberty and the pursuit of happyness. No legislator, judge, lawyer or enforcer who is loyal to his oath has any business with red flag laws, quite the opposite, they have every right and obligation to refuse red flag laws. The same holds true for every American citizen, you have a RIGHT to refuse illegal, unconstitutional laws to the point of obligation. Dean, I doubt anybody… Read more »

Finnky
Finnky
1 month ago

OK guys, lets start hitting up our legislature. I hate for Texas to be second, but better than third or worse!

Oldvet
Oldvet
1 month ago
Reply to  Finnky

@Finnky…You need to check out Kansas gun laws you are already at least third if not more .

Finnky
Finnky
1 month ago
Reply to  Oldvet

@OV – I was referring to just having a law like the one described in the article. Am well aware that Texas has some rather extremist restrictions. It’s funny – when I am obligated to go to either coast, I see that most of the people there consider Texas to be similar to Hollywood’s Wild West. Common ignorance is astounding and contributes greatly to the common nonsense gun restriction arguments we keep having to defend ourselves against. How do you like Kansas? We’re exploring options for a country “estate” (trailer on empty land???) large enough for horses and hunting. Getting… Read more »

Oldvet
Oldvet
1 month ago
Reply to  Finnky

@Finnky …You can find about anything you want here. I live on acreage nearest town 8 miles , its considered small town . Near enough large city for shopping , dinning etc. People commute farther than I ever had to , but it’s their choice. Highways near that connect nearly everything . Taxes are by each county , maybe something to look at . Weather goes from hot to cold ,they say wait ten minutes it will change . Retired person like me this wuhan flu has been no problem . People for the most part the greatest , there… Read more »

Oldvet
Oldvet
1 month ago
Reply to  Oldvet

You can carry CC or OC with or Without a Permit . I keep a permit mostly in case of out of state travel .

Oldvet
Oldvet
1 month ago
Reply to  Oldvet

@Finnky…Oh BTW even if you come for a visit , we do not pronounce Rodeo ” RoDAYo ” nor Eldorado ” Eldorahdo ” Leave the california pronunciation there . Some one will likely ask you ” What you from california “

Finnky
Finnky
1 month ago
Reply to  Oldvet

@OV – Never have, nor would have pronounced either of those words like that… I think those are LA terms – I have always managed to maintain a healthy distance from that cesspool. Grew up on a hill overlooking hundreds of acres of undeveloped horse pasture. Best friend was about a 5 mile walk downhill – @USA will tell you 500′ vertical is nothing, but to an eight year old it’s a hike. Closest real town was really a small city – but full of open spaces and orchards. Saddens me now to see how much like Smell-A it has… Read more »

Oldvet
Oldvet
1 month ago
Reply to  Finnky

@Finnky…When the X left I told her to take the horses with her , Seemed like I was always working for them . Now I wrangle Honey Bees and lease out the hay ground . We used to bring in rescue horses . (abused ) Been thinking lately a horse or two might come in handy in case the cookie does crumble .

RoyD
RoyD
1 month ago

I blew into this State 44 years ago and have never regretted the choice I made to stay.