Warren Hamilton

Warren Hamilton

A lawmaker filed a bill to declare Oklahoma a Second Amendment Sanctuary state.

District 7 State Sen. Warren Hamilton, R-McCurtain, filed Senate Bill 631 as “state preemption of federal infringement of Second Amendment rights.”

Hamilton won a four-year term to represent District 7, which covers Pittsburg, Latimer and Haskell counties, and portions of Hughes and Okfuskee counties.

All of the counties Hamilton represents are among 31 of Oklahoma’s 77 counties to file Second Amendment sanctuary resolutions.

Hamilton’s bill calls the U.S. Constitution the supreme law of the land and states Americans have unalienable rights outlined in the Declaration of Independence.

The Declaration of Independence outlines citizens’ rights with a powerful message as one of America’s founding documents, but is not a legally-binding document like the Constitution.

“The State Legislature hereby occupies and preempts the entire field of legislation by the federal government, any agency of this state or any political subdivision in this state to infringe upon the rights of a citizen of the State of Oklahoma the unalienable right to keep and bear arms as guaranteed to them by the Second amendment of the United States,” Hamilton’s bill states.

The Second Amendment was ratified in the Bill of Rights on Dec. 15, 1791 and states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Legal and academic experts detail varying interpretations of the Second Amendment.

One interpretation is that is creates individual constitutional right for citizens to own guns. Another interpretation is that the Framers wanted to restrict Congress from outlawing a state’s right to form militias instead of granting rights for individuals to posses guns.

The Supreme Court affirmed in District of Columbia v. Heller in 2008 that rights to bear arms lie with individuals, but that the right isn’t unlimited.

Oklahoma lawmakers had until Jan. 21 to file bills for the 2021 legislative session that starts Feb. 2.

Contact Adrian O’Hanlon III at aohanlon@mcalesternews.com

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