State Representative Files Lawsuit Over Permitless Carry Law

Monday, October 7th 2019, 7:04 pm
By: Storme Jones

A month after a petition to get Oklahoma’s permitless carry law before voters fell short of the necessary signatures, a state lawmaker has filed lawsuit against the governor hoping to stop its implementation. 

“We indicated this fight was far from over when we didn’t meet the threshold of 59 thousand (signatures),” Representative Jason Lowe said. “We are going to continue to fight, we are going to continue to push. We believe this law is dangerous.”

Lowe said the law set to take effect November 1 violates the state constitution by combining multiple issues under one bill.

Lowe is joined by four co-plaintiffs. They allege in the lawsuit, “Despite the title "an Act relating to firearms," several of its provisions deal not only with firearms, but also with knives, machetes, blackjacks, loaded canes, and hand chains, “imitation” or “toy” pistols, and various other items."

Don Spencer with the Oklahoma Second Amendment Association said the law taking effect next month modifies the Oklahoma Self Defense Act, which he said includes all of the items and was passed in 1996 with no issues.

“We think this is just another hail Mary pass, an attempt to stop constitutional carry,” Spencer said. “We have made numerous multiple section changes through the years without it being an issue.”

Lowe said at a news conference Monday, the lawsuit takes issue with other parts of the law, however the firm representing the plaintiffs, Crowe & Dunlevy, would have to explain those issues. However, he said that law firm would not be available for comment.  

The group challenging the law wants a judge to rule it unconstitutional and wants a judge to stop it from taking effect while the case is being argued.

“We are excited about the possibility of us being able to stop this dangerous law,” Lowe said.

He said, if the case doesn’t go his way, he has not ruled out the possibility of gathering signatures for another ballot initiate, taking the issue to voters.

“Everything is on the table,” he said.

If an injunction is not granted, the new permitless carry law will take effect November 1.