Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB828

Introduced
2/6/23  

Caption

The Anti-Red Flag Act; nullifying any unlawful federal rule, statute, or executive order relating to extreme risk orders; creating a felony conviction of an individual attempting to enforce certain orders. Emergency.

Impact

The passage of SB 828 would significantly influence Oklahoma's legal landscape concerning firearm possession and the enforcement of federal laws. It occupies and preempts the entire field of legislation related to extreme risk protection orders, eliminating the ability of local municipalities to enact their own laws regarding this issue. This comes at a time of growing national debate on gun control, where states are increasingly enacting legislation that aligns with the interests of Second Amendment proponents. As a result, it strengthens the protection of individuals against federal overreach in matters of personal firearm rights.

Summary

Senate Bill 828, known as the Anti-Red Flag Act, aims to nullify any unlawful federal rules, statutes, or executive orders that relate to extreme risk orders. The bill seeks to create a felony conviction for individuals who attempt to enforce such orders against citizens of Oklahoma. Legislative intent behind this bill is grounded in the belief that federal extreme risk protection orders infringe upon constitutionally protected rights, particularly the right to bear arms. By declaring these federal measures null and void within the state, the bill asserts a strong stance on state rights versus federal regulations in the context of firearm control.

Contention

Notable points of contention surrounding SB 828 include concerns regarding public safety versus individual rights. Supporters of the bill argue that it provides necessary safeguards against federal encroachments on the rights of citizens to own and possess firearms. However, critics argue that nullifying extreme risk protection orders could hinder efforts to prevent gun violence and protect vulnerable individuals. There is also concern about the bill's implications for law enforcement agencies, who may face legal repercussions for attempting to comply with enacted federal laws. This debate reflects broader national sentiments about gun control and the balance between safeguarding personal liberties and ensuring public safety.

Companion Bills

No companion bills found.

Previously Filed As

OK SB828

The Anti-Red Flag Act; nullifying any unlawful federal rule, statute, or executive order relating to extreme risk orders; creating a felony conviction of an individual attempting to enforce certain orders. Emergency.

OK SB1330

Anti-Red Flag Act; nullifying certain unlawful federal rule, statute or executive order. Emergency.

OK HB2416

Relating to extreme risk protection orders.

OK HB3018

Federal Extreme Risk Protection Order Act of 2023

OK H8011

Extreme Risk Protection Orders

OK H5360

Extreme Risk Protection Orders

OK HB1227

Authorize the issuance of extreme risk protection orders.

OK HB1131

Prevent the imposition or enforcement of extreme risk protection orders and to provide a penalty therefor.

OK SB262

In actions, proceedings and other matters generally, providing for extreme risk protection orders.

OK SB204

In actions, proceedings and other matters generally, providing for extreme risk protection orders.

Similar Bills

No similar bills found.