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Oklahoma Right to Bear Arms Amendment (2014)

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Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot


The Oklahoma Right to Bear Arms Amendment was not on the November 4, 2014 ballot in Oklahoma as a legislatively referred constitutional amendment. The measure, upon voter approval, would have clarified what weapons citizens have a right to carry, for what purposes, and who the state is allowed to regulate, as well as prohibited registration or special taxation on the keeping of arms.[1]

Citizens would have had a right to bear arms in regards to handguns, rifles, shotguns, knives, nonlethal defensive weapons and other arms in common use, as well as ammunition and the components of arms and ammunition, for security, self-defense, lawful hunting and recreation, in aid of the state when summoned or for any other legitimate purpose.

The state would have been allowed to prohibit the possession of arms by convicted felons, those adjudicated as mentally incompetent or those who have been involuntarily committed in to any mental institution.[1]

Text of measure

Ballot title

The proposed ballot question read as follows:[1]

BALLOT TITLE
Legislative Referendum No. _____ State Question No. _____

THE GIST OF THE PROPOSITION IS AS FOLLOWS:

This measure amends the State Constitution. This measure deals with the right of a citizen to keep and bear arms. The change to this section will make clear what types of weapons and for what purpose the weapons may be kept. The change would also clarify that regulations by the state on the right to keep and bear arms shall be subject to strict scrutiny.

SHALL THE PROPOSAL BE APPROVED?

FOR THE PROPOSAL — YES _____________

AGAINST THE PROPOSAL — NO _____________ [2]

Constitutional changes

The measure would have amended Section 26 of Article II of the Constitution of Oklahoma:[1]

This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.

Section 26.
A. The fundamental right of a each individual citizen to keep and to bear (that is, to carry) arms in defense of his home, person, or property, or, including handguns, rifles, shotguns, knives, nonlethal defensive weapons and other arms in common use, as well as ammunition and the components of arms and ammunition, for security, self-defense, lawful hunting and recreation, in aid of the civil power, when thereunto legally lawfully summoned, or for any other legitimate purpose shall never not be prohibited; but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons infringed. Any regulation of this right shall be subject to strict scrutiny.
B. This section shall not prevent the Legislature from prohibiting the possession of arms by convicted felons, those adjudicated as mentally incompetent, or those who have been involuntarily committed in any mental institution.
C. No law shall impose registration or special taxation upon the keeping of arms, including the acquisition, ownership, possession, or transfer of arms, ammunition, or the components of arms or ammunition.

Path to the ballot

See also: Amending the Oklahoma Constitution

A simple majority vote was required in both chambers of the Oklahoma Legislature in order to place the proposed constitutional amendment on the ballot. The measure died in conference on May 23, 2014.[3]

See also

Footnotes

  1. 1.0 1.1 1.2 1.3 Oklahoma Legislature, "Engrossed Joint Resolution No. 1026," accessed April 25, 2014
  2. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. OpenStates.org, "HJR 1026, Oklahoma House Joint Resolution," accessed July 25, 2014