Oklahoma Bill Would Bar State From Enforcing Federal Red-Flag Gun Laws

Sen. Nathan Dahm (R-Broken Arrow) filed Senate Bill 1081 (SB1081) for introduction in the 2020 legislative session. Under the proposed law, the Oklahoma legislature would “occupy and preempt the entire field of legislation in this state touching in any way federal or state extreme risk protection orders against or upon a citizen of Oklahoma to the complete exclusion of any order, ordinance or regulation by any municipality or other political subdivision of this state. “ In effect, only the Oklahoma legislature could pass any type of so-called red-flag law effective in the Sooner State.

The legislation also would declare that any federal red-flag law “which would infringe upon a citizen’s Constitutionally-protected rights including, but not limited to the right to due process, the right to keep and bear arms and the right to free speech, shall be null, void, unenforceable and of no effect in the state of Oklahoma.”

These declarations would have very little effect in practice, but SB1081 includes provisions that would make federal red-flag laws nearly impossible to enforce in Oklahoma. The proposed law would prohibit any Oklahoma agency or any political subdivision from accepting any federal grants to implement any federal statute, rule or executive order, federal or state judicial order or judicial findings that would have the effect of forcing an extreme risk protection order against or upon a citizen of Oklahoma.

It would also make it a felony offense for any individual, including a law enforcement officer, to enforce a federal red flag law. In effect, this would bar state and local police from enforcing a federal red-flag law.

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DanGuy48 said:

The first thing that popped into my mind on reading this is states denying enforcement of federal laws regarding immigration/ICE detainers. If this goes to court as a state rights issue, would decisions in one impact the other?

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Occam said:

Well, in one case you've got a state showing an interest in blocking the action/enforcement of a plainly unconstitutional approach to things (red flag laws without the benefit of due process) ... versus states that have acted to block the entirely constitutional enforcement of our sovereign borders and immigration law - enforcement which is focused on deporting people who HAVE HAD DUE PROCESS IN COURT.

Apples vs. lug nuts.

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motorcoachdoug said:

I wonder if it means the State PD would have to arrest any special agent of the US trying to enforce a fed red flag order??

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lazarus said:

They wouldn’t because there couldn’t be a federal red flag law. Full stop.

Congress might pass a law twisting or incentivizing states to pass a model red flag law. But there won’t be a federal one.

There is no federal ban on drinking under 21. But congress held highway funds hostage to get all states to ban drinking under 21.

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