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HB1647 Unfortunately Passes Oklahoma House
In a very late session, the Oklahoma House of Representatives passed HB1647. It was passed with title intact and with an amendment by Rep. Emily Virgin (D).
In addition to the language requiring a defendant to articulate a reasonable fear of bodily harm upon arrest for unlawful carry by carrying a firearm openly, the Virgin amendment also requires a protective order to be in place.
Rep. Mike Reynolds (R) spoke on the floor multiple times about this bill being what gun owners want for open carry in Oklahoma. He's wrong. Gun owners who support open carry want open carry decriminalized, some with a license and some without. This bill only provides a defense to a criminal charge.
That defense is the ability to articulate a "reasonable fear of bodily harm" to the arresting officer or the prosecuting District Attorney. What constitutes "reasonable" to one person may not be "reasonable" to another.
Hopefully this bill dies or is amended in the Senate. This is not a bill we want for open carry in Oklahoma. Anyone who says otherwise obviously does not support open carry.
UPDATE: The votes were finally posted, which is odd because they are usually available immediately. Here they are:
HOUSE BILL 1647 Crimes and punishments; authorizing issuance of
Bennett lifetime concealed handgun licenses for military
THIRD READING PASSED
YEAS: 55 RCS# 319
NAYS: 39 3/16/2011
EXC : 7 11:38 PM
C/P : 0
YEAS: 55
Armes Hamilton Murphey Schwartz
Bennett Holland Nelson Scott
Brumbaugh Inman Newell Shannon
Cannaday Johnson Ortega Shoemake
Casey Jordan Proctor Stiles
Christian Kern Pruett Terrill
Cockroft Key Quinn Thomsen
Condit Kirby Reynolds Trebilcock
Derby Lockhart Ritze Vaughan
Dorman Martin, Sc. Roberts, D. Walker
Farley McDaniel, R. Roberts, S. Wesselhoft
Faught Moore Rousselot Williams
Glenn Morrissette Russ Wright
Hall Mulready Sanders
NAYS: 39
Banz Grau McCullough Roan
Billy Hardin McDaniel, J. Sears
Blackwell Hickman McNiel Shelton
Coody Hilliard McPeak Sherrer
Cooksey Hoskin Nollan Sullivan
Dank Jackson Ownbey Tibbs
Denney Joyner Peters Virgin
DeWitt Liebmann Peterson Watson
Enns Martin, St. Pittman Mr.Speaker
Fourkiller McAffrey Renegar
EXCUSED: 7
Brown Kouplen Osborn Shumate
Cox Morgan Richardson
CONSTITUTIONAL PRIVILEGE: 0
Those who voted YEA should all have their vote regarded as a vote against allowing a citizen to carry a firearm openly under a presumption of innocence. Their position on the Second Amendment should be questioned.




