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January 21, 2013

Lawmakers angle to expand Okla. gun rights

OKLAHOMA CITY — While President Obama is calling for further restrictions on access to guns, Oklahoma lawmakers are pushing in the other direction, introducing dozens of bills that would make it easier for people to carry firearms and to carry them into government meetings, state parks and even public schools.

More than two dozen bills were filed in the Senate to expand gun rights before Thursday’s bill filing deadline, and nearly that many were prepared in the House. The 2013 session opens Feb. 4.

“Clearly in Oklahoma we are strong supporters of gun rights and gun ownership rights, and I think you’re going to see a lot of legislation protecting that, whether it’s my bill or other bills that are out there,” said Sen. Patrick Anderson, R-Enid.

Anderson has proposed a bill that would exempt Oklahoma-made guns and ammunition from federal regulations. Then-Gov. Brad Henry vetoed a similar bill three years ago.

Freshman Sen. Nathan Dahm would take that further — declaring that the federal government has no right to regulate firearms in Oklahoma, that any attempt to do so “shall be considered null and void and of no effect in this state,” and that violators face up to five years in prison.

“The Declaration of Independence guarantees us life, liberty and the pursuit of happiness,” said Dahm, R-Broken Arrow. “If you cannot protect yourself, you can’t continue to pursue liberty and pursue happiness.”

But Joseph Thai, a constitutional law professor at the University of Oklahoma, said many traditional firearms restrictions are constitutional.

“Under well-settled Supreme Court precedent, a state has no power to declare federal law unconstitutional, much less declare enforcement of federal law illegal,” Thai said. “The bill’s novel and absolute declaration that all federal firearms laws violate the Second Amendment is not only flatly wrong as a matter of basic federal constitutional law, but also dead on arrival because that declaration has no legal force and effect on the validity of federal law.”

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