Anti-Red Flag Law Passes In Oklahoma

Thursday, May 21st 2020, 6:52 pm
By: Aaron Brilbeck


There’s a new law on the books in Oklahoma; one that would outlaw any attempts to seize guns from people who may be violent or dangerous. 

This week Governor Kevin Stitt signed legislation creating the nation’s first anti-red flag law.

Red flag laws allow authorities to remove guns from people who may be a danger to themselves or others. This new anti-red flag law would prevent communities from imposing red flag laws.

“Extreme risk protection orders are basically outlawed at the state level and that also includes not even being able to accept any federal dollars to try and support or engage in anything like that,” said Don Spencer of the Oklahoma Second Amendment Association.

Stitt this week signed Senate Bill 1081 into law. It bans communities from creating or enforcing any laws that temporarily seize firearms from people who may be considered a threat. Backers say red flag laws can be abused and are unconstitutional because they deprive folks of due process.

“It just adds such a wide extreme possibility of a gun confiscation. We’ve already seen gun confiscation take place in states that have this and also we’ve also seen people that have been killed in the privacy of their own home who have not been convicted of a crime by law enforcement barging in and basically killing them,” Spencer said.

Opponents say there is due process because red flag orders are handed down from a judge. 

“There’s a court order. It’s a temporary removal of firearms in a crisis situation. So, there is due process. It is constitutional. It’s a safety measure,” said Cacky Poarch of Moms Demand Action.

“If you don’t have the opportunity to go before a judge with an attorney to defend yourself, I’m gonna say, no I don’t see it.” Spencer replied.

Opponents argue the anti-red flag law is nothing more than state legislators pandering to gun enthusiasts during an election year.  

“So, this is really just a show, a show for gun extremists and it’s really too bad that this is considered a priority in Oklahoma when there are so many other priorities right now.” Poarch said.

“I don’t understand why people are so willing to just throw away their constitutional rights. I mean due process is the cornerstone of what the judicial system is.” Spencer replied.

The new law goes into effect immediately.