I think we need something more substantial than hearsay from a "co-workers's brother in law."
Not to sound hateful.
- Status
I think we need something more substantial than hearsay from a "co-workers's brother in law."
Not to sound hateful.
Yep. http://www.gunreports.com/news/news...fiscating-Guns-During-Emergencies_4104-1.html
If this actually happened as stated, some arrests need to be made.
Do you have the statue number? I didn't see it in the article.
21 O.S. 2011, Section 1321.4
B. Notwithstanding this section or any other law of this state, neither the Governor nor any official of a municipal or state entity shall prohibit or suspend the sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.
D. Any individual aggrieved by a violation of subsection B of this section may seek relief in an action at law or in equity for redress against any person who subjects such individual or causes such individual to be subjected to an action prohibited by subsection B of this section. In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of subsection B of this section may bring an action for the return of such firearm or ammunition in the district court of the county in which that individual resides or in which such firearm or ammunition is located. In any action or proceeding to enforce the provisions of this section, the court shall award the prevailing plaintiff costs and reasonable attorney fees.
B. Notwithstanding this section or any other law of this state, neither the Governor nor any official of a municipal or state entity shall prohibit or suspend the sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.
D. Any individual aggrieved by a violation of subsection B of this section may seek relief in an action at law or in equity for redress against any person who subjects such individual or causes such individual to be subjected to an action prohibited by subsection B of this section. In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of subsection B of this section may bring an action for the return of such firearm or ammunition in the district court of the county in which that individual resides or in which such firearm or ammunition is located. In any action or proceeding to enforce the provisions of this section, the court shall award the prevailing plaintiff costs and reasonable attorney fees.
Anyone who knows anyone with firearms in Moore contact them and see what they say when it is tactful to discuss firearms and 2A.
Haven't read the statute, but the article specifically references "State" officials. I'm also not sure under whose control the National Guard is under in these circumstances, but if they are under Federal control during certain types of disasters and this is classified as one of those disasters, the National Guardsmen may well be operating outside jurisdiction of the law.
If the points above are true, the law was just a feel good measure for votes because any major tragedy, outside of maybe a water main break, will involve Federal authorities.
The simple fix, assuming the words in the article accurately reflect the words used in the law, replace the occurrence of the word "State" with the words "State and / or Federal" and make it clear within the law that ANYBODY who attempts to disarm a legally armed person is committing an assault that could lead to death or loss of property by the disarmed victim, can therefore be shot as an act of self defense under the stand your ground law, and will be prosecuted to the fullest extent of the law by the State of Oklahoma.
If the law is given those kind of teeth, no victim of a natural disaster in OK will ever again be disarmed by authorities, looting will cease to exist, and victims will not be victimized a second time by predators who might seek to take advantage of the chaos for personal gain.
If the points above are true, the law was just a feel good measure for votes because any major tragedy, outside of maybe a water main break, will involve Federal authorities.
The simple fix, assuming the words in the article accurately reflect the words used in the law, replace the occurrence of the word "State" with the words "State and / or Federal" and make it clear within the law that ANYBODY who attempts to disarm a legally armed person is committing an assault that could lead to death or loss of property by the disarmed victim, can therefore be shot as an act of self defense under the stand your ground law, and will be prosecuted to the fullest extent of the law by the State of Oklahoma.
If the law is given those kind of teeth, no victim of a natural disaster in OK will ever again be disarmed by authorities, looting will cease to exist, and victims will not be victimized a second time by predators who might seek to take advantage of the chaos for personal gain.
Rough Draft of how th law should read:
21 O.S. 2011, Section 1321.4
B. Notwithstanding this section or any other law of this state, neither the Governor nor any official of a municipal or state entity nor any agent acting on behalf of nor under the direction of any branch, agency or department of the Federal Government shall prohibit or suspend the sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.
C. Any violation of the statute will hereby be considered by this subsection of the statute to be a Violent Felony Assault punishable by the state statutes applicable to such violent offenses in addition to the civil remedies available to the aggrieved in the following subsection. Further, as with any felony assault, the aggrieved may use force, to the extent necessary, as permitted under the Stand Your Ground Law, to the extent necessary to retain defensive property reference by this section, considered absolutely necessary for protection of life, limb and property during a natural disaster.
D. Any individual aggrieved by a violation of subsection B of this section may seek relief in an action at law or in equity for redress against any person who subjects such individual or causes such individual to be subjected to an action prohibited by subsection B of this section. In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of subsection B of this section may bring an action for the return of such firearm or ammunition in the district court of the county in which that individual resides or in which such firearm or ammunition is located. In any action or proceeding to enforce the provisions of this section, the court shall award the prevailing plaintiff costs and reasonable attorney fees.
21 O.S. 2011, Section 1321.4
B. Notwithstanding this section or any other law of this state, neither the Governor nor any official of a municipal or state entity nor any agent acting on behalf of nor under the direction of any branch, agency or department of the Federal Government shall prohibit or suspend the sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.
C. Any violation of the statute will hereby be considered by this subsection of the statute to be a Violent Felony Assault punishable by the state statutes applicable to such violent offenses in addition to the civil remedies available to the aggrieved in the following subsection. Further, as with any felony assault, the aggrieved may use force, to the extent necessary, as permitted under the Stand Your Ground Law, to the extent necessary to retain defensive property reference by this section, considered absolutely necessary for protection of life, limb and property during a natural disaster.
D. Any individual aggrieved by a violation of subsection B of this section may seek relief in an action at law or in equity for redress against any person who subjects such individual or causes such individual to be subjected to an action prohibited by subsection B of this section. In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of subsection B of this section may bring an action for the return of such firearm or ammunition in the district court of the county in which that individual resides or in which such firearm or ammunition is located. In any action or proceeding to enforce the provisions of this section, the court shall award the prevailing plaintiff costs and reasonable attorney fees.
Last edited:
Im on my way there right now. Stay tuned.
It can't be written to cover Federal agents; that would violate the Supremacy clause of the Constitution. That said, I'd bet dollars to donuts that the Guard is operating under the auspices of the State today.
US Constitution said:
Check out the 9th and 10th Amendments on which state nullification laws are based. And keep in mind while reading them, disarming citizens is in direct violation of the Second and usually the 4th and 5th.
- Status
Similar threads
