Explore The NRA Universe Of Websites

APPEARS IN News

When They Go Lowe… Okla. Supreme Court Invalidates Attack on Constitutional Carry Law (Again)

Monday, June 29, 2020

When They Go Lowe… Okla. Supreme Court Invalidates Attack on Constitutional Carry Law (Again)

The latest chapter in a sustained campaign to undo Oklahoma’s new constitutional carry law has ended, with a court ruling adding a fresh defeat to what has so far been an unbroken series of failures.  

The war on constitutional carry in Oklahoma began, after the state legislature passed HB 2597, an NRA-backed bill to amend the “unlawful carry” crime at 21 Okla. Stat. Ann. § 1272 to allow carrying a firearm upon or about the person, or in a purse or other container, without a license. The amendment applies only to adults who are not otherwise disqualified by state or federal law from possessing a firearm and who are not carrying the firearm in furtherance of a crime. The Oklahoma House passed the bill on an overwhelming 70-30 vote, and the bill was approved in the Oklahoma Senate by an even greater margin of 40-6.

After Governor Kevin Stitt signed HB 2597 into law, opponents of the bill, including Rep. Jason Lowe (D-Oklahoma City) and Bloomberg’s Everytown/Moms, resorted to a referendum petition, Referendum Petition No. 26, State Question No. 803, seeking to repeal the law before its November 1st effective date. (Referendum petitions ask voters to approve or reject a bill of the legislature; initiative petitions ask voters to approve or reject the proposed law contained in the petition.)

Despite claims by Everytown that “permitless carry is opposed by 81 percent of Oklahomans,” the referendum proponents were not even close to meeting the necessary signature threshold of 59,320 to get the referendum on the ballot, and their petition was dismissed by the Oklahoma Supreme Court for “numerical insufficiency” on October 7, 2019.

The same day, Rep. Lowe and four other plaintiffs filed a state court lawsuit claiming that the new carry law was “invalid and void in its entirety,” and seeking a temporary and permanent injunction to prevent it from going into effect. On October 31, Judge Don Andrews of the district court denied the application. The plaintiffs’ emergency motion for a temporary injunction and stay of that order was likewise denied by the Oklahoma Supreme Court.

Early this year, Rep. Lowe introduced a bill, HB 3357, to restrict the firearm rights of Oklahomans by repealing permitless carry. Legislators were unconvinced by Lowe’s assertions that the new carry law was “a ticking time bomb, and it has been an utter disaster,” and his bill went nowhere after failing to pick up more than a single vote in a House Committee hearing in February.

Next, Rep. Lowe and two other proponents sought to restore the law as it was prior to the enactment of HB 2597 using an initiative petition, Initiative Petition No. 425 for State Question No. 809 (“SQ 809”).

The 44-page petition was filed with the Oklahoma Secretary of State in February with the objective of having the proposed measure placed before voters in the 2020 election. However, SQ 809 was not a straightforward repeal of HB 2597, as it retained some of the changes made by that law.

Oklahoma state law requires that initiative petitions follow certain rules. One of these is that voters being asked to sign must be presented with an accurate “gist” or summary of the proposal on the top margin of each signature sheet. The purpose is to prevent fraud and deceit by placing would-be signers on notice of the actual changes being sought and the practical effect of the petitioned measure on existing law.

The Oklahoma Second Amendment Association (OK2A) brought court proceedings challenging SQ 809 as noncompliant with this requirement.

The states attorney general, Michael J. Hunter, filed a brief also asking that the petition be struck as invalid. SQ 809’s gist, he claimed, “lacked transparency” by omitting “key provisions necessary to make an informed decision” and was “affirmatively mislead[ing]” for suggesting “that the proposed law makes changes that it does not.”

On June 23, a nine-judge panel of the Oklahoma Supreme Court ruled in the matter and unanimously held that the gist of SQ 809 was legally insufficient. (One judge filed a partial dissent from the majority’s conclusion on the confiscation provision, but otherwise concurred with the remaining findings.)

The court identified several deficiencies. The use of the word “restores” in the gist was both confusing and misleading. Not only did this require potential signatories to know the law as it was prior to HB 2597, SQ 809 did not completely “restore” this prior law because it retained several aspects of HB 2597.

Further, the language of the gist gave “the false impression” that the existing law did not prohibit handguns on college, university, or technology center property, and that SQ 809 would change the law to create a “campus carry” ban. “Handguns are already prohibited on the campuses, and that will continue whether or not SQ 809 is approved.”

Another inaccurate provision referred to the confiscation of firearms. The gist stated that SQ 809 “generally prohibits confiscation of firearms during traffic stops when any person in the vehicle holds a valid handgun license.” The existing law prohibits confiscation without regard to whether anyone in the vehicle has a license. The majority found the sentence was misleading because it failed to accurately explain SQ 809’s effect on the existing law (by making confiscation easier).

The initiative petition was declared invalid and was ordered struck from the ballot. A copy of the opinion, In re Initiative Petition No. 425, State Question No. 809, is posted online at https://law.justia.com/cases/oklahoma/supreme-court/2020/118665.html.

The purpose of the legislature is to implement laws that reflect the will of the people. A brief filed on behalf of Governor Stitt in the proceedings to overturn the bill warned that “[a]llowing an aggrieved litigant, particularly an individual legislator on the losing side of a vote, to enjoin duly enacted state laws makes the courts an agent in thwarting the democratic process, undermining the rule of law and the separation of powers.”

Despite this latest fiasco, though, we have little doubt that the anti-gun crowd – including this “legislator on the losing side of a vote,” will continue their assault on the freedom of Oklahoma’s gun owners.

TRENDING NOW
Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

Wednesday, December 18, 2024

Michigan: Final Push to Limit Gun Rights as Session Clock Runs Down

With only a few days left in the session, anti-gun legislators are doing everything they can to pass additional legislation restricting the Second Amendment rights of Michigan citizens. The legislation below could be taken up ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Maine: Prepare for Progressives to Attack Your Hunting Rights

Wednesday, December 18, 2024

Maine: Prepare for Progressives to Attack Your Hunting Rights

While 2024 may be winding down now, the 2025 legislative session is about to heat up, and radical anti-gun progressive politicians are already planning new ways to strip you of your fundamental rights.  

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

News  

Monday, December 16, 2024

Gun Control Activists Cite “Loopholes” in CEO’s Murder, Ignore Facts and Law

Predictably, gun control activists are citing the cold-blooded Manhattan murder of health insurance executive Brian Thompson to call for more gun control, particularly in the hot-button areas of “ghost guns” and “3D printed firearms.” 

NYC Subway More Dangerous Than the Gridiron?

News  

Monday, December 16, 2024

NYC Subway More Dangerous Than the Gridiron?

Violent crime in New York City has been a growing concern over the last few years.  

Michigan: Take Action Against Anti-Gun Legislation TODAY!

Friday, December 13, 2024

Michigan: Take Action Against Anti-Gun Legislation TODAY!

With lame duck session in full swing, Michigan Democrats are doing everything they can to pass additional anti-gun legislation. Last night, the Senate passed, among other things, legislation that would restrict home-built firearms and ban ...

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.