Constitutional Carry (SB 1212) on the OK House floor 4/23

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

ConstitutionCowboy

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Jul 5, 2006
Messages
6,501
Reaction score
5,632
Location
Kingfisher County
OKLAHOMA CONSTITUTION ARTICLE 2 § 26.
BEARING ARMS-CARRYING WEAPONS.
The right of a citizen to keep and bear arms in defense of his
home, person, or property, or in aid of the civil power, when thereunto legally
summoned, shall never be prohibited; but nothing herein contained
shall prevent the Legislature from regulating the carrying of weapons.

You do, of course, realize that 'regulate' does not mean to limit or prohibit. Any law in Oklahoma limiting or prohibiting the carrying of weapons is unconstitutional.

Woody
 

ConstitutionCowboy

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Jul 5, 2006
Messages
6,501
Reaction score
5,632
Location
Kingfisher County
It clearly gives the legislature the power to "regulate" that carriage, which--by requiring a permit--the legislature has done. The laws don't fall afoul of this particular constitutional provision.

If you want to argue they violate the Second Amendment to the US Constitution, I'll join you, but they don't violate that provision of the Oklahoma Constitution.

Again, 'regulate' does not mean to limit or prohibit.

Woody
 

MacFromOK

Sharpshooter
Special Hen
Joined
May 11, 2016
Messages
13,759
Reaction score
14,761
Location
Southern Oklahoma
Again, 'regulate' does not mean to limit or prohibit.

Woody
From my American Heritage Dictionary:

"reg·u·late tr.v. reg·u·lat·ed, reg·u·lat·ing, reg·u·lates. 1. To control or direct according to rule, principle, or law."

Control means being able to limit parameters. How do you define "regulate" then? :anyone:
 

Dave70968

In Remembrance 2024
Special Hen
Joined
Aug 17, 2010
Messages
6,676
Reaction score
4,620
Location
Norman
You do, of course, realize that 'regulate' does not mean to limit or prohibit. Any law in Oklahoma limiting or prohibiting the carrying of weapons is unconstitutional.
Again, 'regulate' does not mean to limit or prohibit.
"Regulate" means "to make regular." Think of a "regulator" in a clock: it makes the seconds "regular," the same every time. It does this by establishing limits, high and low, on the speed the machine can tick.

In a Second Amendment context, the "well-regulated militia" was drilled to ensure that all members met a standard--a minimum limit--on performance.

"Regulate" absolutely can mean "limit." As a matter of law, you're not going to win on the argument that requiring a license constitutes a prohibition that runs afoul of the Oklahoma Constitution's right to carry, subject to the legislature's power to "regulate." This one of those times when the US Constitution gives more freedom than the state's constitution (see my previous posts, somewhere, about "State Constitutions as a Bulwark of Freedom," or I'll dig it up later if need be).

Let me be abundantly clear: I entirely support the idea of Constitutional Carry; I base that in the Second Amendment to the Constitution of the United States, though, not to Oklahoma's. Fortunately, the Fourteenth Amendment incorporates those rights to the states; I think it's just a matter of convincing the right courts to honor that. That's actually my preferred solution: what the legislature giveth, the legislature can taketh away, but if the courts smack the legislatures around, the legislature is bound by that cage. That's the whole point of having the checks-and-balances of separate branches.
 

DavidMcmillan

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Apr 14, 2010
Messages
10,100
Reaction score
15,265
Location
Oklahoma City
^^^I agree with the above. The majority is not on our side, and a public vote would kill it for us. Look at online polls, social media, etc. And then watch the evening news. Every newscast has at least one shooting.
 

DavidMcmillan

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Apr 14, 2010
Messages
10,100
Reaction score
15,265
Location
Oklahoma City
While true and tragic this is a red herring that’s got nothing to do with this topic. You could use those same arguments in an attempt to silence or make anyone’s thoughts on any topic seem frivolous. That is EXACTLY what kind of language the left uses to shut down arguments.

This is a big deal.

This isn't a big deal. Nothing has changed. Of the fifty states, only a dozen have passed this. There are still many battles to win, and far bigger issues to face. There was hardly any mention of the idea until the bill was introduced. It will come back up again, and we will have another chance to change public perception. We have a lot of PR work to do in the meantime.
 

rlongnt

Sharpshooter
Special Hen
Joined
May 16, 2006
Messages
4,461
Reaction score
3,801
Location
Edmond
This isn't a big deal. Nothing has changed. Of the fifty states, only a dozen have passed this. There are still many battles to win, and far bigger issues to face. There was hardly any mention of the idea until the bill was introduced. It will come back up again, and we will have another chance to change public perception. We have a lot of PR work to do in the meantime.

Agreed,.. We are on the same team.. I hope my directness didn't come off as me being an arsehole which of course I am...
 

dennishoddy

Sharpshooter
Supporting Member
Special Hen Supporter
Joined
Dec 9, 2008
Messages
87,259
Reaction score
68,789
Location
Ponca City Ok
^^^I agree with the above. The majority is not on our side, and a public vote would kill it for us. Look at online polls, social media, etc. And then watch the evening news. Every newscast has at least one shooting.
Every news cast has an anti Trump segment as well. It's the fake news media trying to sway public opinion.
 

Latest posts

Top Bottom