State Lawmaker Believes Senator's Bill To Stop Red Flag Laws Is Unconstitutional
OKLAHOMA CITY - An Oklahoma lawmaker is proposing a law to shoot down any federal red flag laws that may be created.
Red flag laws or “Extreme Protection Orders” allow police or family members to ask a state court to order the temporary removal of firearms from a person who may be a danger to themselves or other people. Senate Bill 1081 would preempt any Red Flag laws coming down from Washington, D.C.
Senator Nathan Dahm is the author of the bill. He said he doesn’t want mentally unstable people to have access to firearms, but he doesn’t want red flag laws abused either.
“That’s the problem with doing this this way with red flag laws, is anybody can make any allegation and you are automatically denied your Second Amendment rights, your Fourth Amendment rights, your Fourteenth Amendment rights, your Fifth Amendment rights. All these rights are being violated on hearsay evidence,” said Dahm.
President Trump has publicly supported red flag laws but has also backed away from that support.
State House Democrats said they support red flag laws.
“They prevent individuals who are dangerous from possession of firearms. People who have committed domestic abuse. People who have a criminal history, are unstable, who have mental health issues,” said Representative Jason Lowe (D) Oklahoma City.
But Representative Lowe said he doubts he’ll get the chance to vote against Dahm’s bill. He thinks the bill is unconstitutional.
“Federal law always trumps state law. It’s based on the commerce clause that regulates commerce and when you sell guns or buy guns that’s commerce,” said Lowe.
Senator Dahm replied, “If they’re passing a red flag law that is out of conformity with the constitution because it violates the Second Amendment, the Fourth Amendment, the Fifth Amendment, well then it’s not a constitutional law so it doesn’t supersede.”
Senator Dahm said he plans to present his bill in February.