Folks, if the whole thing starts to come apart, meet us in Oklahoma. It’s like the contagion of insanity that’s affecting the rest of the country just hasn’t gotten to Oklahoma, yet.
First, Oklahoma passed Constitutional Carry with seeming ease in the spring session of 2019. While it has faced opposition, none of it got off the ground and the bill went into effect in October of 2019.
Then there was the “Mass shooting that wasn’t” after an armed Oklahoma citizen stopped a shooter in a Walmart parking lot from taking any more lives.
Now we learn that a Republican Oklahoma Senator has filed a bill in Oklahoma that would nullify any Federal Red Flag laws.
Sen. Nathan Dahm (R-Broken Arrow) filed Senate Bill 1081 (SB1081) for introduction in the 2020 legislative session.
Senator Dahm’s bill would “occupy and preempt the entire field of legislation in this state touching in any way federal or state extreme risk protection orders against or upon a citizen of Oklahoma to the complete exclusion of any order, ordinance or regulation by any municipality or other political subdivision of this state.”
Essentially, no Federal Red flag laws could apply in Oklahoma. The only law that could take effect would have to be passed directly by the Oklahoma legislature.
Dahm’s bill would go further and nullifies any Federal legislation that might pass in the future. Here’s the exact wording:
Any federal red-flag law “which would infringe upon a citizen’s Constitutionally-protected rights including, but not limited to the right to due process, the right to keep and bear arms and the right to free speech, shall be null, void, unenforceable and of no effect in the state of Oklahoma.”
What Happens If Somebody Ignores This Law?
Now, the trouble with these types of bills typically comes in that they have no ‘teeth.’ An example would be the abortion ban that passed in Alabama last year. There were no penalties for doctors, nurses, or mothers who disobeyed the law and performed or received abortions. So, while the bill passed, it was largely ignored in a practical sense.
But Dahm’s bill doesn’t just have teeth, it has fangs!
Senate Bill 1081 prohibits any agency or political subdivision from accepting any federal grants to implement any federal statute, rule or executive order, federal or state judicial order or judicial findings that would have the effect of forcing an extreme risk protection order against or upon a citizen of Oklahoma.
Okay, so not only would the bill declare federal law void, but it forbids agencies or individuals from accepting any funding that would allow them to enforce federal red flag orders. Aka, your county sheriff won’t get his bills paid if he’s doing Federal government’s bidding on red flags.
But here’s the real bite: Any individual, including a law enforcement officer, who enforces a federal red flag law would be charged with a felony. That’s right. They’d be brought up on charges if they enforce a federal red flag order.
So, they’re not getting paid, and they’ll be charged with a felony if they go along with the feds on this.
From here, Senate Bill 1081 will be officially introduced and referred to a committee when the Oklahoma legislature convenes on Feb. 2, 2020. We’re going to watch this one with interest!