Oklahoma Senate Bill SB828

Oklahoma 2024 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

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 potential impact of SB828 is significant, as it could alter enforcement practices around extreme risk protection orders, which are designed to prevent individuals deemed a threat from accessing firearms. By declaring federal mandates invalid, the bill shifts the responsibility of firearm regulation solely to state law. This could significantly limit the legal avenues available for law enforcement and agencies when dealing with potentially dangerous individuals, thereby reshaping the landscape of gun violence prevention mechanisms within the state.

Summary

Senate Bill 828, known as the Anti-Red Flag Act, seeks to amend existing legislation relating to extreme risk protection orders in Oklahoma. Specifically, the bill aims to nullify any federal rules, statutes, or executive orders that impose such orders on citizens, effectively preempting local and state regulations related to firearm ownership and control. The bill reinforces that the state legislature occupies the entire field of law concerning extreme risk protection orders, eliminating municipal or political subdivisions from enforcing their local laws regarding this issue.

Contention

Debate surrounding SB828 has been notably divisive, with supporters arguing that it protects individual rights and prevents federal overreach into state matters. They believe that the imposition of federal extreme risk orders infringes on constitutional freedoms. Conversely, opponents are concerned that this bill may undermine public safety initiatives designed to keep firearms away from those considered high-risk, therefore potentially leading to an increase in firearm-related incidents. This tension encapsulates the broader national debate on gun control and the balance between individual rights and community safety.