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INTERIM STUDY REPORT
Public Safety Committee
Rep. Sue Tibbs, Chairman
Oklahoma House of Representatives
Interim Study 11-014, Rep. Mark McCullough
September 23, 2011
Oklahoma Gun Owners’ Rights
Prof. Michael O’Shea
Oklahoma City University School of Law
moshea@okcu.edu
Oklahoma Self Defense Act. Created in 1995. Very successful program. OSBI retains a host of relevant information in their annual reports. Over 107,000 licenses have been issued in last five years with only 30 revocations. Since the inception of the program, only 85 suspensions were related to felony arrests. It is estimated that between 6 to 24 suspensions per year for failure to conceal. Some reports that 8 to 10 % of the Oklahoma adult population is a felon. OSDA licensees are 10 times more law abiding than the general population. The application process filters out criminal applicants.
Three options for the Legislature to consider:
1) Make minor adjustments to the SDA Act.
2) Allow permittees to carry open or concealed.
3) Allow carry without permit.
Option 1)
SDA is unreasonably harsh in its concealment provision. Texas has a more reasonable definition of concealment. SDA states that the gun must be completely concealed from view and detection. Under current law, any carry of a gun is in violation of the SDA act is a crime, even accidental exposure. Most law enforcement take a very practical approach to enforcing this provision.
Need to repeal the "notification" provision for law enforcement. SDA members can be subject to jail time for not immediately informing police.
Persons with an arrest are precluded from application for SDA license for a period of time. Preclusion should be based on conviction, not on arrest.
Prohibited places. A potential anomaly in 1277 is the "parking lot" exclusion. Elementary and high school parking lots are completely prohibited under current law.
Oklahoma's knife laws are pretty good. However, one provision that criminalizes a "spring type knife." There are many popular examples of spring assisted knives.
Option 2)
It is very hard to quantify how many states are "open carry." Some states are open carry in general but allow municipalities to restrict. Relatively few states bar open carry for self defense. Some states require a retention device.
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| Title | 11-014 report ocr 1 |
| Full text | INTERIM STUDY REPORT Public Safety Committee Rep. Sue Tibbs, Chairman Oklahoma House of Representatives Interim Study 11-014, Rep. Mark McCullough September 23, 2011 Oklahoma Gun Owners’ Rights Prof. Michael O’Shea Oklahoma City University School of Law moshea@okcu.edu Oklahoma Self Defense Act. Created in 1995. Very successful program. OSBI retains a host of relevant information in their annual reports. Over 107,000 licenses have been issued in last five years with only 30 revocations. Since the inception of the program, only 85 suspensions were related to felony arrests. It is estimated that between 6 to 24 suspensions per year for failure to conceal. Some reports that 8 to 10 % of the Oklahoma adult population is a felon. OSDA licensees are 10 times more law abiding than the general population. The application process filters out criminal applicants. Three options for the Legislature to consider: 1) Make minor adjustments to the SDA Act. 2) Allow permittees to carry open or concealed. 3) Allow carry without permit. Option 1) SDA is unreasonably harsh in its concealment provision. Texas has a more reasonable definition of concealment. SDA states that the gun must be completely concealed from view and detection. Under current law, any carry of a gun is in violation of the SDA act is a crime, even accidental exposure. Most law enforcement take a very practical approach to enforcing this provision. Need to repeal the "notification" provision for law enforcement. SDA members can be subject to jail time for not immediately informing police. Persons with an arrest are precluded from application for SDA license for a period of time. Preclusion should be based on conviction, not on arrest. Prohibited places. A potential anomaly in 1277 is the "parking lot" exclusion. Elementary and high school parking lots are completely prohibited under current law. Oklahoma's knife laws are pretty good. However, one provision that criminalizes a "spring type knife." There are many popular examples of spring assisted knives. Option 2) It is very hard to quantify how many states are "open carry." Some states are open carry in general but allow municipalities to restrict. Relatively few states bar open carry for self defense. Some states require a retention device. |
| Date created | 2012-03-02 |
| Date modified | 2012-03-02 |
