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OK2A Seeking WRONG Open Carry Discharge Petition


By Brian Altenhofel - Posted on 23 February 2011

There are currently four bills in the House for open carry. One of them, HB1796, OK2A does not support (rightfully so) as it sends the legislation to a vote of the people. HB1400 provides for Constitutional open carry (no permit), HB1647 provides for a lifetime license and contains "open carry" language, and HB1470 is similar to last year's bill in that it expands the current concealed carry permit to cover open carry as well.

While I have not received a response from OK2A or my legislator on which bill they are lobbying for a discharge petition pursuant to House Rule 7.12, I have heard from someone up at the Capitol today that it is HB1647. If that's the case, then I do not support the discharge petition on open carry grounds.

The language in HB1647 that supposedly creates an open carry provision amends 21 O.S. ยง 1289.6 as follows:

A person shall be permitted to carry loaded and unloaded shotguns, rifles and pistols, open and not concealed and without a handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions:

...

When the person has a reasonable fear of bodily harm

Do you see what they did there? While technically HB1647 would allow a person to carry a firearm openly without a permit, the citizen would be subject to the undue burden of articulating a reason to carry their firearm.

This is not what the Second Amendment is about. You should not be required to articulate any reason to exercise a Right or to carry an insurance policy.

Under HB1647, if you carry a firearm openly, you can be detained for carrying a firearm openly and charged with unlawful carry if you cannot articulate a "reasonable fear of bodily harm". This means that you had better be ready to point to someone and say that you feel threatened by a particular group or individual and are afraid to be in public.

Carrying a firearm is like an insurance policy. It's a relatively cheap life insurance policy, too. You aren't required by law to articulate a reason to carry a $500,000 policy over a $100,000 policy, are you? Likewise, the law should not require you to articulate a reason to choose to carry your firearm openly rather than concealed.

Furthermore, this bill does not solve the issue that most people who carry concealed would like to see solved: accidental exposure. Currently under Oklahoma law, if your concealed firearm prints or is accidentally exposed by a strong gust of wind or reaching for something, you have broken the law. (Thankfully, officer discretion and the overall ignorance of the general public comes into play here.)

Do not support the discharge petition for HB1647 on open carry grounds.

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