Sb401

NikatKimber · Jan 17, 2013

SB401 Main Page

SB401 Text

Author - Senator Nathan Dahm

SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1289.30 of Title 21, unless
there is created a duplication in numbering, reads as follows:
In consideration of the fact that the right to keep and bear
arms is protected and reserved to the citizen pursuant to Section 26
of Article II of the Oklahoma Constitution, a person who has not
been convicted of a violent felony crime and who is lawfully able to
own or possess a firearm under the Oklahoma Constitution is
considered to be individually licensed and verified by the State of
Oklahoma within the meaning of the provisions regarding individual
licensure and verification pursuant to federal Gun-Free School Zones
Act.

I don't understand what this bill is doing. Someone please add some clarity here.

berettaman · Jan 17, 2013

constitutional carry

NikatKimber · Jan 17, 2013

That's what I thought... but wasn't completely sure I was reading it right.

Mitch Rapp · Jan 17, 2013

Here's a question for you.... If Oklahoma were to pass a constitutional carry bill, which I am all for, what would that do for our carry licenses, and the ability to carry in other states?

caojyn · Jan 17, 2013

Sadly, I doubt it'll pass, the permit is a source of income (minimal) for the state.

TurboSixPiston · Jan 17, 2013

My understanding is no reciprocity. This could work out like AZ, with two types of carry. One "constitutional" without a permit and one with a CC permit. With the permit, you can go places you cannot without, like bars. Keeping the permit in place while placing restrictions on the non-permit carry could keep reciprocity intact.

frankos72 · Jan 17, 2013

Apparently, there is the Gun-Free School Zones Act of 1990 which is federal law. In summary, it is against federal law to possess a firearm in a school zone. There is an exemption from this law for individuals that are licensed by the state. I got my info from Wikipedia... yeah, I know the site that anyone can edit, but I bet its correct or close to it on this matter. Here is the link.

This law basically makes all non felons in the state "licensed" according to that federal law.

This is a great law and makes sense considering that state law currently allows carry on school property when dropping off your child. Also, as I understand it, there are no laws in the state that prohibit teachers from carrying concealed, just school rules. This would free them to do so once school rules are changed. Last, there are other proposed laws that i understand might increase our school property carry rights. This law once again just makes sense for all laws that allow carry on school property in the state.

okiebryan · Jan 17, 2013

I spoke to the author of this bill tonight. (Senator Nathan Dahm) This is a bill to completely nullify the GFSZA in the state of Oklahoma. If any person who is lawfully allowed to own a firearm is considered licensed by the state, then they are exempt from that law. This is the only intent of this legislation.
This law basically makes all non felons in the state "licensed" for the purposes of that federal law.

abajaj11 · Jan 17, 2013

NikatKimber said:
SB401 Main Page

SB401 Text

Author - Senator Nathan Dahm

SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1289.30 of Title 21, unless
there is created a duplication in numbering, reads as follows:
In consideration of the fact that the right to keep and bear
arms is protected and reserved to the citizen pursuant to Section 26
of Article II of the Oklahoma Constitution, a person who has not
been convicted of a violent felony crime and who is lawfully able to
own or possess a firearm under the Oklahoma Constitution is
considered to be individually licensed and verified by the State of
Oklahoma within the meaning of the provisions regarding individual
licensure and verification pursuant to federal Gun-Free School Zones
Act.

I don't understand what this bill is doing. Someone please add some clarity here.

I think it means the following.
Right now, if an out of state person is visiting OK, and has an out of state concealed carry permit recognized through reciprocity in OK, they still cannot drive within 1000 feet of any K-12 school boundary, because that is a federal gun free school zone. Technically they are in violation of this act.
https://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

The only people who can carry in that zone are those explicitly licensed by the state (like OK ccw holders). This BIll, IMHO, says that any person who is recognized by OK, INCLUDING this out of state driver, are now considered licensed to carry under the gunfree school zones act.
So the bill tries to protect the guy from texas driving here, and passing within 1000 feet (300 yards) of a school boundary from federal prosecution.
While this insane federal law has not been used to prosecute a whole lot, it is very likely under current POTUS that it can be ramped up to harass those bitter clingers. So I this BIll seems like a good bill.

NikatKimber · Jan 17, 2013

abajaj11 said:
I think it means the following.
Right now, if an out of state person is visiting OK, and has an out of state concealed carry permit recognized through reciprocity in OK, they still cannot drive within 1000 feet of any K-12 school boundary, because that is a federal gun free school zone. Technically they are in violation of this act.
https://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

The only people who can carry in that zone are those explicitly licensed by the state (like OK ccw holders). This BIll, IMHO, says that any person who is recognized by OK, INCLUDING this out of state driver, are now considered licensed to carry under the gunfree school zones act.
So the bill tries to protect the guy from texas driving here, and passing within 1000 feet (300 yards) of a school boundary from federal prosecution.
While this insane federal law has not been used to prosecute a whole lot, it is very likely under current POTUS that it can be ramped up to harass those bitter clingers. So I this BIll seems like a good bill.

That seems like a reasonable explanation.

Sb401

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