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Keeping Knives in American Lives Since 1998

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Keeping Knives in American Lives Since 1998

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Oklahoma Legislators Asking for Constitutional Change

February 18, 2015

Joint Resolutions Introduced Would Add Knives to Oklahoma Fundamental Right To Keep and Bear

UPDATE (February 18, 2015) – Oklahoma Joint Resolution 1009 has moved from the House Committee on Rules with a recommendation to pass.

Okalahoma State Flag(January 27, 2015) – Identical joint resolutions have been prefiled in the Oklahoma Senate and House asking the Secretary of State to refer to the people for voting on a Constitutional Amendment.  This amendment would expand on the current right of citizens to keep and bear arms to spell out certain items including knives.

Added: underlined text
Deleted:  strikethrough text

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection a proposed amendment to Section 26 of Article II of the Oklahoma Constitution; providing ballot title; and directing filing.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 55TH OKLAHOMA LEGISLATURE:

SECTION 1. The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Section 26 of Article II of the Oklahoma Constitution to read as follows:

Section 26. A. The fundamental right of each individual a citizen to keep and to bear arms, including handguns, rifles, shotguns, knives, nonlethal defensive weapons, and other arms in common use, as well as ammunition and the components of arms and ammunition, for security, self­defense, lawful hunting and recreation, in aid of the civil power when lawfully summoned or for any other legitimate purpose shall never be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons not be infringed. Any regulation of this right shall be subject to strict scrutiny and the State of Oklahoma shall be obligated to uphold these rights and shall under no circumstance decline to protect against their infringement.

B.This section shall not prevent the Legislature from prohibiting the possession of arms by convicted felons, those adjudicated as mentally incompetent or those who have been involuntarily committed in any mental institution.

C. No law shall impose registration or special taxation upon the keeping of arms, including the acquisition, ownership, possession or the transfer of arms, ammunition or the components of arms or ammunition.

SECTION 2. The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 2 of this resolution shall be in the following form:

BALLOT TITLE Legislative Referendum No. ____ State Question No. ____ THE GIST OF THE PROPOSITION IS AS FOLLOWS:

This measure amends Section 26 of Article 2 of the State Constitution. This section relates to the right to keep and bear arms. It would state that the right to keep and bear arms shall not be infringed and that the regulations by the state on the right to keep and bear arms would be subject to strict scrutiny. The Legislature may prohibit the possession of arms by convicted felons, those adjudicated as mentally incompetent and those involuntarily committed in mental institutions. This section would prohibit laws requiring registration or special taxation of arms.

SHALL THE PROPOSAL BE APPROVED?

FOR THE PROPOSAL YES _____________

AGAINST THE PROPOSAL NO _____________

SECTION 3. The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

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