SB1556 by Jerry Ellis?

[dieseltech09]

Got an email from OK2A on this today? Is this guy for real and why hasnt he been voted out of office yet

ACTION ALERT: Senator Ellis Wants To Disarm CCL Holders
Senator Jerry Ellis (D - Valliant) wants to do away with all of Oklahoma's concealed carry reciprocity agreements with other states, in effect, disarming Oklahoma CCL holders when they travel out of state. Senate Bill 1556 would nullify all other states' concealed carry licenses in Oklahoma , which would then cause other states to no longer recognize Oklahoma 's CCL. This is a ridiculous bill and a huge step backward for the freedoms of Oklahomans.
Even though the 2012 Legislative Session will not begin for another 10 days, it is not too early to call Senator Ellis' office and ask him to withdraw this terrible bill. You can reach Senator Ellis at (405) 521-5614.

 

[vdub]

I read the bill and I am not reading it the same way. I have copied/pasted the original and edited versons of the section that seems to be generating this panic.

TITLE 21 § 1290.26 RECIPROCAL AGREEMENT AUTHORITY
The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state.
Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid. The firearm must be carried fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to a valid concealed carry weapons permit or license issued in another state. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a concealed handgun license in this state immediately upon establishing a residence in this state.

TITLE 21 § 1290.26
Any person who is twenty-one (21) years of age or older having a valid firearm license from another state shall also have a valid license to carry a concealed handgun as authorized by the Oklahoma Self Defense Act, Section 1290.1 et seq. of this title, in order to carry a concealed handgun in this state.
Any person violating the provisions of this section shall, upon conviction, be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or by both such fine and imprisonment.

So the only thing I really dislike about the new section is having extra penalties thrown in where penalties are addressed in other sections. However, I do not see anywhere in that new section where the reciprocity with other states is being removed. The age requirement is kind of unnecessary since I think most states require you to be 21 to get a CHL/CWL anyway.

 

[dieseltech09]

Go here http://www.oklegislature.gov/AdvancedSearchForm.aspx and search for SB1556 and click where it says introduced in blue to bring up the entire bill. Its in there

 

[vdub]

I think I see what you are talking about now. That is interesting.

EDIT: I will give the guy credit, he did a great job on his wording.

 

[dieseltech09]

OK I see what you are saying. Your right so really all this bill does is add new penalties and changes the wording on a few things.

 

[vdub]

OK I see what you are saying. Your right so really all this bill does is add new penalties and changes the wording on a few things.

I am not sure now. It can be taken two ways depending on how you read it.

1. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state in order to carry a concealed handgun in this state must also possess a valid license authorized under the Oklahoma SDA.
2. Any person who is twenty-one (21) years of age or older having a valid firearm license from another state shall also be considered to have a license authorized under Oklahoma SDA that would allow them to carry a concealed handgun in this state.

If #1, then that means they also have to have an Oklahoma CHL which would be impossible since Oklahoma doesn't do non-resident licenses.
If #2, then that means nothing really changed.

I rearranged the sentence and it is still kind of ambiguous on its meaning to me. I am just an Engineer so English is not my strong suit and legalese is worse than that. However, it leads me to err more on the side he is trying to require a Oklahoma CHL as well as the out of state license.

In order to carry a concealed handgun in this state, any person who is twenty-one (21) years of age or older having a valid firearm license from another state shall also have a valid license to carry a concealed handgun as authorized by the Oklahoma Self Defense Act, Section 1290.1 et seq. of this title.

EDIT: Where are the OSA lawyers and politicians when you needed them!!

 

[dieseltech09]

See you had me convinced that I was reading to much into it and now you go and post that. lol Hopefully someone more in the know will be along to post their thoughts

 

[vdub]

See you had me convinced that I was reading to much into it and now you go and post that. lol Hopefully someone more in the know will be along to post their thoughts

I completely understand. I was all set in what I was reading then you convinced me the other way. I have sent an email to the Senator to see what he says his intentions are. I am not sure I will necessarily believe him and will more than likely push my Senator to grill him and not support it if it is bad. I will also probably chat at Senator Russell as well to see his take on it.

 

[Dave70968]

I read it as authorizing carry on the foreign license, not requiring an additional Oklahoma license. Granted, I'm a law student, not a lawyer, but that's my interpretation.

 

[Alan Frizzell]

I read it as doing away with reciprocity with his intent shown in the "AS INTRODUCED" section of the bill (; deleting certain license to allow for lawful transportation)