Oklahoma House Bill HR1028

Oklahoma 2022 Regular Session

• Introduced: 4/26/21

Caption

Resolution; declaring certain executive action by President Biden as unconstitutional; distribution.

Impact

If passed, HR1028 would reaffirm state legislators' views on the limits of federal authority, particularly concerning regulations that impact the Second Amendment rights of individuals. This proposed resolution illustrates the tension between state and federal governments regarding gun control measures, especially in the context of public safety strategies aimed at reducing gun violence, which have become increasingly debated in the political arena.

Summary

House Resolution 1028, introduced by Representative Steagall, seeks to declare President Biden's executive action on gun violence issued on April 7, 2021, as unconstitutional. The resolution argues that the authority for legislative action is vested solely in Congress, referencing various sections of the United States Constitution, including Article I and Article II, as well as multiple amendments that protect individual rights. It contends that the executive action oversteps Presidential powers by imposing regulations on the right to 'keep and bear arms'.

Contention

The resolution identifies Red Flag Laws as being in direct conflict with multiple constitutional rights, including those safeguarded by the First, Second, Fourth, Fifth, Sixth, Ninth, and Tenth Amendments. Its supporters argue that any federal regulations infringing upon the constitutional right to bear arms are not valid and usurp power intended exclusively for Congress. This position has been contested by advocates for gun control who assert that such measures are necessary for public safety. The ongoing debate highlights deep divisions within the legislature regarding the appropriateness of executive actions on challenging social issues.