The Problem With The Oklahoma 2A Sanctuary State Bill
If you've been paying attention to our local and state elected officials in their "out of the gate" efforts to get reelected again in the next election cycle, the Second Amendment Sanctuary State Act is a real piece of work. Not only does it speak to the importance of fighting the infringement of a constitutionally protected right, it upholds previous infringements on said rights. First, a little backstory.
Oklahoma State Senator Warren Hamilton represents District 7 in this state, way down in Sasquatch territory. The Southeastern corner of this state where the landscape is beyond beautiful and the meth is Breaking Bad legendary. He's filed several bills over the last week or so, making headlines all across the state, but I'd like to pick apart his little gun bill.
An Act relating to state preemption of federal infringement of Second Amendment rights; creating the Second Amendment Sanctuary State Act; preempting field of legislation;prohibiting certain entities from accepting certain grants or funding; clarifying provisions; providing definition; providing for codification; and declaring an emergency.
In the few pages of bill text, you'll see that it's all about how the Constitution of the United States is to be upheld as the Supreme Law of the Land. How our rights as citizens are unalienable and absolute. It's meant to be an umbrella protection of all of our rights from those that would aim to curb them. It's straight up talking about gun control, and would provide protections to Oklahoma US citizens from any legislation that might go about banning certain weapons or requiring any additional licensing and such.
It all sounds great, and as a firearm enthusiast personally, it's probably not the worst bill in the country that sets out to support our collective Second Amendment... but, it goes on to site and uphold and support previous gun control legislation from our collective past. The National Firearms Act of 1934.
If you didn't know, the National Firearms Act of 1934 - AKA - NFA Registry - established an excise tax on our constitutionally protected rights. It's the $200 tax stamp you have to apply for and purchase in order to purchase NFA items such as machine guns and silencers. (yes, silencer is the correct terminology) That $200 seems inoculous these days, but in 1934, it was the equivalent of almost $4000 in 2021. The constitution kept them from banning these items, because it has always been the supreme law of the land, but politicians certainly hoped to price them out of the hands of all citizens. Who's going to pay $4000 to be able to buy a $200 silencer?
Call me crazy, but I don't think I should have to pay a tax to protect my hearing or to click a fun switch while enjoying a constitutionally protected activity.
While we've made strides to become a state more friendly to citizens constitutional rights, you no longer have to pay a tax to carry your firearm concealed in this state as a citizen. It was a good start. However, the state still does offer the purchase of a concealed carry license in the event you want to travel outside our borders with your sidepiece to a state that honors it. Other states offer similar licensing, but states like Texas have bonuses on top of that. You see, if you have a Texas State Concealed Carry License, you can skip the federal background check as you've already consented to a thorough background check for that license. If Texas can do that, why can Oklahoma not? Why can't Oklahoma declare that silencers manufactured in the state don't require a federal stamp?
Senator Hamilton may be taking a stab at some feel-good legislation with his OK Second Amendment Sanctuary State Act, but there's an opportunity here to do some real good that would more acutely direct real support for this particular right of every citizen. It'd be even better if he'd pass legislation preventing data mining within our state borders too. While he's at it, how about a Right To Repair bill covering all things from cell phones to tractors and vehicles? How about something that simplifies the adoption process? Or a bill that sets a standard of living and care for all pets? You want to effect change, push for it. You want to feign effort for talking points in the next election, keep doing what you're doing.
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