Weekly Opinion Editorial

PROTECT OUR RIGHT TO DEFEND OURSELVES!

by Steve Fair

Last week, the State Senate unanimously passed Senate Bill 1760, which amends Oklahoma’s current State of Emergency Riot Control Act. Authored by Senator Anthony Sykes, (R-Moore) and Representative T.W. Shannon, (R-Lawton), the NRA requested bill amends the current law by adding the following language; “Nothing in this section shall be construed to allow any official of a municipal or state entity to prohibit or suspend the sale, ownership, possession, transportation, carrying, registration, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.” SB 1760 now moves to the House of Representatives for consideration

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Sykes said the bill would prevent what happened in New Orleans just a few years ago. “After Hurricane Katrina, the City of New Orleans actually began taking guns away from citizens. Instead of focusing on helping citizens who were completely vulnerable and in dire need of assistance, they were disarming people,” said Sykes, R-Moore. “The civil defense procedures and police department were clearly not functioning as they should have. Storm victims were becoming crime victims--they needed to be able to protect themselves.”

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Sykes, a lifetime NRA member, said, “I was very pleased to make sure this important issue was addressed in our statutes. “If Oklahoma ever faces an event as catastrophic as Katrina, it would be more important than ever for our citizens to be able to protect themselves.”

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The current State of Emergency Riot Control Act in Oklahoma gives the Governor the power to suspend sales of alcohol, impose a curfew, stop public assembling, and close streets and roads as well as stop any ‘such other activities as he reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.’ during an emergency.

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Some would call Oklahoma’s Emergency Riot Control Act the ability to declare Martial law, but it doesn’t suspend ‘habeas corpus.’ which is the right to a hearing on lawful imprisonment- a guaranteed U.S. Constitutional right. But the statue does grant authorities a broad range of latitude to maintain control in the public square during an emergency.

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Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis—(usually) only temporary—when the civilian government or civilian authorities fail to function effectively (e.g., maintain order and security, and provide essential services). When Martial law is declared, habeas corpus is suspended.

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Contrary to many media reports at the time, martial law was never declared in New Orleans in the aftermath of Hurricane Katrina, because no such term exists in Louisiana state law. However, a State of Emergency was declared, which gave unique powers to the state government similar to those of martial law.

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And that didn’t stop New Orleans Mayor Ray Nagin from declaring “martial law” on the evening of August 31, 2005. He in effect suspended habeas corpus and said that New Orleans police officers didn't have to observe civil rights in stopping the widespread looting in the city. Nagin reassigned the 1,500 New Orleans police officers from search and recue operations to riot control using the powers in the State of Emergency declaration. One of their jobs was to gather up weapons honest citizens had in their homes under the guises of ‘protecting the public.’ Cops were told to ‘shoot looters on sight,’ although it seems uncertain who gave the order. Eleven alleged looters were shot by police in the aftermath of Katrina.

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Sykes bill guarantees Oklahoma citizens the right to protect themselves in the event a state of emergency is declared- a fundamental right guaranteed in the U.S. Constitution by the second amendment. Contact your State Representative and encourage them to vote yes on SB #1760.