Weekly Opinion Editorial
COURTS
CIRCUMVENT WILL OF PEOPLE!
by
Steve Fair
The second amendment in the U.S. Constitution guarantees
a citizen’s right to keep and bear arms.
Article II, Section 26 of the Oklahoma Constitution does much the same
thing, but a proposal by two Republican legislators- House Joint Resolution
#1026- would add language to make sure an individual Oklahoman’s right to
defend themselves is protected.
State Representative Dan Fisher, (R-Yukon), the
author of HJR #1026, believes the added language is needed because of recent wayward
rulings by the Oklahoma state Supreme Court.
“Unfortunately, Oklahoma courts have sometimes interpreted the state
constitution in ways that go against that intent. Concerned citizens feel it is
necessary to place new language into the state constitution to clarify the
right, to correct past misinterpretations by Oklahoma courts and to prevent
similar misinterpretations from occurring in the future,” Fisher says. The bill passed the House 87-7 last week and
now heads to the state Senate.
If the JR passes the Senate and makes it to the
ballot in November, Oklahoma voters will decide if they want to amend Section
26 to specify, “handguns, rifles,
shotguns, knives, nonlethal defensive weapons and other arms in common use, as
well as ammunition and the components of arms and ammunition” and add
“self-defense” and “lawful hunting and recreation” in order to ensure that
courts have less latitude in interpreting the language. The proposed constitutional
amendment would also add two subsections to Section 26. The first would clarify
that the state could prevent convicted felons and the mentally ill from the
possession of arms. The second would prohibit registration or special taxation
on arms and ammunition.
You wouldn’t think conservative, common sense
Oklahoma would need to address something as clear cut and fundamental as the
right to defend oneself, but recent rulings by the State Supreme Court have
been anything but conservative- or for that matter consistent. The state’s high court, loaded with liberal Democrat
appointees, has ruled against the vote of the people and conservative
legislation in several cases. They threw
out the tort reform laws and the tax cut bills because they claimed they
violated the single subject provision in the state constitution. Their inconsistency and judicial activism cost
taxpayers money when a special session of the legislature had to be called to deal
with tort reform. Their judicial
activism has revealed Oklahoma need for judicial term limits at the appellant
and high court level. Hopefully, that is
also something that will be on the ballot in November.
Critics of HJR #1026 say it is unnecessary and
Oklahoma doesn’t need more gun laws, but the recent rulings by the state Supreme
Court would refute that claim. Those same critics say what is happening in
other states- tax on ammo/gun registration- could never happen in Oklahoma, but
don’t bet on it. In addition to the two
wacko rulings by the state Supreme Court referenced above, two federal judges
in Oklahoma have overturned state constitutional amendments that voters overwhelmingly
approved. The ban on gay marriage in
Oklahoma and the use of Sharia law in Oklahoma courts were approved 3-1 by the voters,
but overturned by the federal courts. There
is no guarantee that once voters approve HJR #1026 that a liberal federal judge
will not overturn it.
Welcome to the new America-
a one where the President says he will advance measures to reduce gun violence "with or without
Congress:" An America where the will of the people can be overturned by a
liberal judge. If you don’t think your right to defend yourself
is under attack, you are living in a dream world. Please
contact your state Senator and ask them to support HJR #1026 when it comes up
for a vote.
