Oklahoma State Rep Files Lawsuit to Try to Stop Constitutional Carry Law

Permitless Carry Oklahoma

Oklahoma State Rep. Jason Lowe speaks to the media Monday, Oct. 7, 2019 in Oklahoma City after he and other advocates for tighter gun laws filed a lawsuit challenging a new Oklahoma law that will allow people to carry firearms without a background check or training. Lowe filed his lawsuit Monday in Oklahoma county, arguing the law violates a constitutional requirement that bills deal with only one subject matter. (AP Photo/Sean Murphy)

Being a gun control advocate means never having to settle for defeat. After Oklahoma passed and signed a constitutional carry bill into law earlier this year, opponents — including Moms Demand Action — set out to overturn it. They mounted an initiative campaign, trying to get constitutional carry on the ballot in November in hopes that voters would overturn it.

But that didn’t go as well as they’d hope. They failed to get the necessary number of petition signatures before the mandated deadline.

Now, however, in a last-ditch attempt to prevent Oklahomans from carrying firearms as the Second Amendment lays out, an anti-gun state representative has filed suit to block the law from taking effect on November 1.

By Sean Murphy, Associated Press

A Democratic state representative from Oklahoma City and other advocates for more restrictive gun laws filed a lawsuit Monday challenging a new Oklahoma law that will allow people to carry firearms without a background check or training.

State Rep. Jason Lowe sued in Oklahoma County, arguing that the law violates a state constitutional requirement that bills deal with only one subject matter.

“This fight is far from over,” Lowe said at a news conference. “We believe this law is dangerous.”

Dubbed “constitutional carry” by its supporters, the bill signed by Republican Gov. Kevin Stitt would allow most adults to carry firearms, concealed or openly, without the currently required background check or training. Exceptions would include anyone in the country illegally or those convicted of certain crimes. Firearms would still be prohibited in certain locations, including public buildings, schools, professional sporting events, casinos and bars. The bill, which was the first Stitt signed into law, is scheduled to take effect Nov. 1.

Lowe and other advocates for tighter gun laws already fell short of gathering enough signatures to send the issue to a vote of the people.

In the lawsuit, attorneys for Lowe and the other plaintiffs argue that the bill deals not just with carrying firearms, but also with self-defense, a campus weapons ban, the transportation of firearms, preemption and other subjects.

“In short, like the numerous acts of the Legislature that have previously been struck down for violating the single-subject rule, HB 2597 addresses ‘multiple subjects that are not germane, relative and cognate to a common theme and purpose,” the lawsuit states.

Stitt’s office declined to comment while the lawsuit is pending.

One of the law’s biggest proponents, Don Spencer, executive director of the Oklahoma Second Amendment Association, said he believes Lowe’s attempt is a last-ditch effort to derail the law and that it will ultimately fail.

“We’re considering it kind of a Hail Mary attempt, and we’re confident the attorney general’s office will deal with it appropriately, and constitutional carry will go into effect on Nov. 1, as scheduled,” Spencer said.

comments

  1. avatar A says:

    what aint broke don’t fix….Idiot.

    1. avatar frank speak says:

      if it isn’t “dangerous” in numerous other states…why should Oklahoma be any different?….

      1. avatar Sam I Am says:

        “…if it isn’t “dangerous” in numerous other states…why should Oklahoma be any different?….”

        Not to put too fine a point on it, this is how the founders set things up.

        1. avatar DNFU says:

          You sir are absolutely right. The Second Amendment plainly states “Shall Not be Infringed”. Every single anti-gun law is unconstitutional, and should be stricken from the books. Going all the way back to the NFA of the 30’s.
          Any politician who acts against The Constitution is breaking their oath of office and should be impeached.

  2. avatar Rheopectic says:

    Bloomberg & Soros bought and paid for…

  3. avatar Dennis says:

    Very unchristian thing to say, but I kinda wish these morons might have kind of violence involving their loved ones. Give em a little insight into why the rest of us believe in the second! But, with gates, walls, and armed security, probably never happen.

    1. avatar I Haz A Question says:

      Hence the term “ivory tower”.

    2. avatar Phil Wilson says:

      Their loved ones might be innocent of attempting to infringe on other peoples’ civil rights. Let’s not wish violence on the innocent.

    3. avatar Torch says:

      You are right it is unchristian like. So I do not wish any harm on any one at all. I do not agree with anyone can carry because there are people out there that are mentally ill. They do not need to carry, they need help. I for one just renewed my PA carry permit as an out of state resident. I live in NYS. I have the right to carry in all but 5 states. I believe in the second amendment. That is an important fact. We have enough laws per state to choke a horse so to speak. Just leave the laws alone and get rid of all laws but the 2nd amendment. With that said make sure the background check for the mentally ill. Other than that no more laws.

      1. avatar Sam I Am says:

        “You are right it is unchristian like. So I do not wish any harm on any one at all. ”

        I also do not wish anyone harm. However….I also do not wish people be excused from harm that results from their own decisions. Life has consequences.

        1. avatar MyName says:

          “Life has consequences.”

          That, it seems, is a lesson that fewer and fewer are being taught – obvious as it is. People expecting debts to be forgiven, lack of experience to be rewarded, criminals to not be imprisoned, and illegal aliens to be given citizenship share a strong ideological bond with those who believe that assailants should not be shot. I fail to comprehend their “logic”. I also to fail to understand how they can be so obtuse about the motives and convictions of those of us who have paid our debts, earned our keep and protected our lives.

        2. avatar Sam I Am says:

          “I also to fail to understand how they can be so obtuse about the motives and convictions of those of us who have paid our debts, earned our keep and protected our lives.”

          Look at the complaints and claims. On the scale of the biological development of humans, we have: infant; toddler; child, adolescent, teen, young adult, adult, experienced adult (old people). Can you match one of these categories with the protestations you see all around you?

          People who have visited here for awhile already know that my theory of social decline is attributable directly to “the Greatest Generation”. The very generation who survived “the Great Depression”, and successfully fought wars on anchored on two oceans, the generation with character of steel necessary to prevail over circumstances, determined, “My kid is gonna have it better than me.” Those “kids” were robbed of the necessity to grow up, mature, and become pillars upon which their children would stand, grow and achieve.

          Now, not every survivor of depression and war took that position, but a significant enough portion of the adult population made it a holy cause to see to it that their children enjoyed nothing but comfort; the complete avoidance of inconvenience and hardship. With nothing but pandering to their children, “the Greatest Generation” somehow expected their offspring to magically develop the backbone and determination of “the Greatest Generation”, while putting forth little effort. In short, you are seeing the result of three generations of children being raised to remain children.

  4. avatar Green Mtn. Boy says:

    As Leftards can’t stand Freedom and Liberty perhaps they chose the Communist county of their choice and leave or get Effed their choice.

    Let Freedom and Liberty reign !

  5. avatar RayS says:

    This is why, in the end, they will win. The law be damned, the hell with the constitution, screw democracy – they NEVER give up.

    1. avatar Gordon in MO says:

      RayS is right, they will win. They will never give up and demographics are in their favor.

      The education system is turning out millions of new voters who are well indoctrinated in socialist theology and they embrace it. The left will have enough voters to take over the government , house, senate and POTUS by or before 2030.

      If Trump wins in 2020 it will only defer the disaster by a few more years.

      Be Prepared !

        1. avatar Chris T in KY says:

          Except rich rock and roll stars. They like them.

        2. avatar Fying Fish says:

          And don’t forget “The Kardashians,” people who were made billionaires by millennials through social media for no particular talent nor benefit to society. Well, can’t really blame the millennials, their parents and grand parents made generations of professional athletes at least millionaires for playing schoolboy games, their great and great, great grandparents made generations of actors millionaires for having a pretty face. None of these groups to my knowledge have made even one particularly talented teacher, exceptionally skillful surgeon (who does not focus on cosmetic surgery and actually, for example, saves lives), particularly heroic first responder, or the like, millionaires.

      1. avatar Purity of Essence says:

        Any victory of the left will be Pyrrhic. If they win, they get to install a socialist government and economy, which will ultimately collapse. I always remind myself that the silver lining to their victory will be the shocked faces of the hordes of now useless idiots as the party they championed lines them up in front of the ditch. Commies can never win, not really.

        1. avatar Jonathan-Houston says:

          That takes decades to occur. Even in places like Venezuela, it took generations to destroy what was great and transform it into a shithole country. The people who did that, their children, grandchildren and great grandchildren have already benefitted immensely from that national immolation. If they had any sense, they’ve set their families up for generations to come with property and funds stashed abroad.

          In the U.S., with our astronomical wealth and vast resources, the decline ride into self-destruction could take another century or more. Nobody on the left propelling our national demise will ever experience any discomfort. They can fiddle while the entire country burns, because everything will be fine for them and descendants as far down the line as they care about.

        2. avatar Hannibal and the Elephants says:

          And, I thought that that was why we wasted an entire century and a few decades of humanity. The entire 20th Century and part of the 19th was thrown away only to find out that Communism, Socialism, Social Democratism, Social Nazi-ism, or what ever do not work. My country was destroyed by a Marxist experiment that horribly failed but it is still trying to justify. Most of 20th Century Europe was destroyed other failed Marxist and a socialist experiments. Much of Asia (counting heads, actually, almost all of Asia) was destroyed by Marxist and Maoist experiments. When will they give up and realize that the Proletariat is sick of the rhetoric, and a totalitarian Dictatorship of [sorry we really meant OVER, but you weren’t supposed to know that] the Proletariat does not work any better than what was overthrown? Even Lenin realized it did not work.

    2. avatar Huntmaster says:

      I don’t know if anybody has been paying attention, but conservatives are becoming more militant everyday. There getting tired of being slandered, insulted and marginalized. While outnumbered, they are smarter and better prepared than their progressive counterparts. And while most of them are not prepared to die for their country, they will have no problems dispatching those would see it destroyed.

    3. avatar frank speak says:

      constitutional carry is a surrender of control…something they abhor….

  6. avatar tired of it says:

    This is the same guy who lied during the petition gathering process about how many signatures they had collected. Their final count didn’t even meet the number he said they had while they were still collecting.

    Meanwhile, the local right-leaning radio guys are all for having a vote. They fail to see any potential issues with putting basic human rights up to a vote of the people.

    1. avatar Dennis says:

      I’ll keep sayin it till everyone understands! “Baby steps”! That and diversions is “how” they win. Wake the f**k up!

      1. avatar Kendahl says:

        Baby steps can work both ways. That’s how several states got to constitutional carry. Oklahoma is just the latest.

        1. avatar VicRattlehead says:

          Correct.
          Indiana just passed a bill that included free carry permits. While not a total win in an of itself, it moved the ball forward and it now rests at 1st and goal (goal being constitutional carry).
          Sometimes several small steps are easier to accomplish than one great big one. The enemy understands this well and has been utilizing the tactic for decades.

        2. avatar Bob D in Calif says:

          Maybe these dimwits should familiarize themselves with 18 USC 242. For those who do not wish to look it up….
          §242. Deprivation of rights under color of law
          Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
          As of 3 Sep 2019.

        3. avatar Sam I Am says:

          “Maybe these dimwits should familiarize themselves with 18 USC 242.”

          Don’t you just hate it that pro-2A lawyers haven’t figured this out, yet?

  7. avatar Larry says:

    Why aren’t we pushing that fact that gun control is racist? Gun control laws disproportionately impact people of color. The media falls all over themselves to cover any school shooting, but when kids are getting killed in the hood: crickets. We need to start calling them out on this.

    1. avatar Hannibal says:

      You can push it all you want, they aren’t interested. Most black voters, at least those in urban areas with political machines set up, will walk off a cliff if their democratic overseers tell them to.

    2. avatar Dan W says:

      Because that’s stupid and doesn’t work. Blacks are the ones in favor of gun control. In fact whites are the only progun group.

      1. avatar UpInArms says:

        Unless you’ve got some hard and credible numbers on that, I’m calling it BS. From what I see at my local gun range, there is no racial divide, and the gender divide is steadily decreasing.

        1. avatar Dennis says:

          Correct! The only demographic not increasing are morons! The more the left threatens to disarm, the more people from all groups say, WTF? I’ve helped lots of women and a few minorities, who just a few years ago couldnt care less about guns, much less want to own and shoot them. Keep talkin dems, yer great gun salesmen!

      2. avatar frank speak says:

        probably because they erroneously believe laws can save them from all the illegal guns on the streets that plague their neighborhoods…when, clearly….they can’t….

    3. avatar ChNa says:

      Calling out leftists.as racists doesn’t work. Leftists don’t operate logically, or according to traditional principles. They don’t give a crap if you call them racists.

      Only decent people are afraid of being labelled a “racist”.

      The term “racist” along with “sexist”, “homophobic”, “Islamophobic”, “xenophobic”, and “bigot” is a tool of the Marxist propagandist. Marxist love and crave POWER, not truth.

      As Vox Day says-
      SJW’s always lie, and always double down

      1. avatar Chris Mallory says:

        Only idiots are afraid of being called names.

        1. avatar Sam I Am says:

          “Only idiots are afraid of being called names.”

          I’m na fraid of being called racist. Im surferiror to everyone.

          Bbbbuuuuurrrrppppp.

          Crap. Where did I put my church key?

  8. avatar MIO says:

    Yup we got our share of Libs and unfortunately they are growing. A bunch of them moved here form other places to stay employed after they ruined their state. Many more are homegrown “special” group members. The drive behind this is out of state money.
    All us that have followed the law are already carrying and all those who aren’t following the law are already carrying so it’s just the folks in the middle who perhaps can’t afford it they don’t want to see armed. They are too worried about what will happen to their little special group members when they commit crimes after November.

  9. avatar Sam I Am says:

    “Germane” is an important provision. A bill that establishes unlicensed/permitless carry of firearms is a single subject. Self-defense with a firearm, transport of a firearm, firearms on campus, state-level preemption of local regulation of firearms, and other subjects related to firearms are not germane/related to a bill removing restrictions on the actual carry of firearms. Separate bills are required to detail the scope of the “constitutional carry” bill. First, gun owners are given permission to carry firearms concealed, or not concealed. Separate bills are needed to detail each specific of what “constitutional carry” means. Every nook and cranny of possible locations and methods of carrying firearms must be authorized in separate legislative bills/laws.

    You can “see” how the above makes sense, right? One bill, one idea.

    1. avatar Dave in SoCal says:

      No, it doesn’t make sense. The “common theme and purpose” is “firearms” and the rights thereof.

      It doesn’t take a rocket scientist to see this.

      1. avatar Sam I Am says:

        ” No, it doesn’t make sense. The “common theme and purpose” is “firearms” and the rights thereof.

        It doesn’t take a rocket scientist to see this.”

        Legislators and judges are not rocket scientists. They are not bound by physics.

        1. avatar Dave in SoCal says:

          Lack of rebuttal duly noted.

        2. avatar Sam I Am says:

          “Lack of rebuttal duly noted.”

          Then….you missed the whole thing.

    2. avatar Hannibal and the Elephants says:

      “unlicensed/permitless”
      Two subjects, Unlicensed and Permitless. Gotcha!

      1. avatar Sam I Am says:

        “Two subjects, Unlicensed and Permitless. Gotcha!”

        Ahhhh….not quite, but hey, it’s fun playing.

        1. Statement is not a bill (so multiple subjects are permitted)
        2. Both terms trying to indicate the same thing…no certificate required

        Glad to know someone reads these screeds.

        Thanx

  10. avatar Kendahl says:

    From what I know of Oklahoma, if this had gone to a vote, constitutional carry would have won. Then, the anti-gunners would challenge the validity of the election.

    1. avatar Ranger Rick says:

      ☝️Exactly.

  11. avatar Steven Lynch says:

    Civil rights activist backed by Cory Booker, a few weeks ago Cory was flat broke now he has enough signatures, had time to Rally all those people? There is some big money involved here and the kind of Democratic party don’t have, they can’t even run a decent run for president. We let the people getting office because we don’t care, didn’t notice what was happening

    1. avatar jwm says:

      Socialism has been taken over by the corporate billionaires like soros and kapo bloomberg. modern American socialism is just a way for the fat cats to impoverish all others and keep factory fodder for themselves.

      Only the truly brain dead still believes that socialism is about helping the little folk out.

      1. avatar Hannibal and the Elephants says:

        But, this what Socialism has historically been all about ever since its beginning. Nothing else. Any other view is crap your high school and college teachers tried to indoctrinate into you brain to prepare the way for them to take over.

  12. avatar Texican says:

    Thomas Jefferson nailed it (as he did on many subjects):
    I view great cities as pestilential to the morals, the health and the liberties of man. True, they nourish some of the elegant arts; but the useful ones can thrive elsewhere; and less perfection in the others, with more health, virtue and freedom, would be my choice.

    Those Dems have made Jefferson a prophet!

    1. avatar Hannibal and the Elephants says:

      Rofl
      I thought you said, “they nourish some of the elegant Rats; but the useful ones can thrive elsewhere.”

    2. avatar Bucephalus says:

      This is a great quote from T Jefferson. Can you tell me the source?

      1. avatar ChoseDeath says:

        Found it. It was a from a letter he wrote to a Benjamin Rush in 1800.
        https://founders.archives.gov/documents/Jefferson/01-32-02-0102

  13. avatar Amir says:

    As Leftards can’t stand Freedom and Liberty perhaps they chose the Communist county of their choice and leave or get Effed their choice.
    سینی کابل

    1. avatar Someone says:

      Piss off, bot.

      1. avatar Green Mtn. Boy says:

        The truth hurts and the left can’t handle truth or facts.

  14. avatar Sian says:

    It’s a pretty hard sell calling Constitutional Carry an imminent danger when it’s established law in 13 states with no catastrophe.

    1. avatar Green Mtn. Boy says:

      It’s been in effect since the Yorkers,read the crown and Hampshires were quibbling over the rights to land that belonged to Vermonters,the one state that has always had carry laws as the founders intended.

      1. avatar Dennis says:

        News flash from Vermont! The “yorkers” have successfully nibbled away at our rights till we’re almost undestinguishable.

        1. avatar Green Mtn. Boy says:

          So we don’t give up and appeal/repeal un Constitutional statutes.

  15. avatar Ranger Rick says:

    Well isn’t Jason Lowe the little hero. His previous claim to fame is being an attorney, nothing more.

  16. avatar Jay in Florida says:

    There is always going to be some lowlife asshat crybaby. Trying to toss a towel into the ring when they don’t get their way. Of course this Libitard minority guy has to get his name in the papers.
    The people want it Jason.
    Take your toys and go the F#$%^k home already.

  17. avatar old law prof says:

    This happened in Minnesota. P2C reform enacted in 2003. In 2005 the Ct of App said no.
    In 5 weeks without the NRA’s help the locals (myself and others) got it reenacted with a veto proof majority (bi-partisan) in each Chamber.

  18. avatar Green Mtn. Boy says:

    @ Jay in Fl

    I couldn’t have put it more succinctly .

  19. avatar GS650G says:

    Voters need to fix this next time they get a chance.

    1. avatar Gerald says:

      Jason Lowe is my rep. His district is essentially the hood, university students, and a bunch of retired boomers. Probably the bluest part of Oklahoma City. A Republican hasn’t held his seat since i’ve been alive. So don’t depend on the voters in his district to improve this situation. If anything, he’ll be replaced with an even more radical anti gunner.

  20. avatar Darkman says:

    The biggest part of “The Swamp” needing cleaned out is in the court system. Far to many judges allowing these types of suits as well as other frivolous suits to appear before the court. Along with these judges. The number of shyster lawyers willing to sell OUR souls for the money they sponge from these cases. Much of which is tax dollars. Never before in the history of This nation and it fact the world. Has the human gene pool needed a industrial size dose of chlorine.

  21. avatar Timothy Toroian says:

    Does this moron understand he has to get the Second Amendment invalidated and any judge who would go along with that would be moron cubed?

  22. avatar Ragnarredbeard says:

    “Being a gun control advocate means never having to settle for defeat.”

    Would note this also applies to guns rights advocates.

    1. avatar ChoseDeath says:

      We certainly hope it does anyway, lol. Well observed.

  23. avatar sound awake says:

    no county in oklahoma has voted democrat in a presidential election in a long time
    -like 1992 or something-
    judges and juries there come from the same pool of people
    if the law is found to be illegal just break it up into 17 parts or whatever and rubber stamp those in the legislature and have the governor sign them at a gun show or something
    put up a big sign thanking jason lowe for helping to make sure constitution carry is here to stay in the great state of oklahoma

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