Judge declines to block permitless carry law
Oklahoma' s permit less carry will take effect Friday, an Oklahoma County District Court judge ruled Wednesday.
Judge Don Andrews struck down a legal ch allenge requesting a temporary injunction to prevent the law from taking effect Nov. 1
Opponents of permitless carry filed a lawsuit alleging the l aw i s unconstitutional because it violates the state's s i ngle- s ubject r ul e, which stipulates legislation may deal with only one main issue.
The lawsuit alleges that the legislation permitless carry stems from addresses a number of subjects, including transportation, undocumented immigrants and disclosure to law enforcement.
Andrews did not rule Wednesday whether the law violates the single-subject rule, but he did dismiss the requested injunction to block the bill from taking effect.
The judge said opponents of the law failed to show how allowing the law to take effect would harm Oklahomans' individual rights.
Attorney General Mike Hunter, whose office was tasked with defending the law, praised Andrews' ruling for allowing the legislation to take effect this week as legislators intended.
“My office is proud to defend the constitutional carry law against a political attack by plaintiffs who were unable to succeed at the Legislature, unable to persuade voters in the referendum process and now seeking t o overturn a duly enacted law with meritless claims and scare tactics,” Hunter said in a statement.
The Legislature passed and
Gov. Kevin Stitt signed House Bill 2597, which will all ow many Oklahomans to carry a firearm without a permit or training, into law this year.
The lawsuit was Rep. Jason Lowe's s e cond at t e mpt t o block permitless carry from taking effect. Lowe said he plans to appeal the j udge's ruling.
Lowe said he expected the fight against permitless carry was bound to end up in front of the Oklahoma Supreme Court.
“We're c a ut i ousl y opti - mistic the Supreme Court is going to do the right thing on this issue,” he said. “We're not going away. We're going to continue to fight. We're going to continue to fight for the people of Oklahoma.”
Lowe, D- Oklahoma City, previously partnered with several other local groups to circulate a referendum petition to halt the new law from taking effect until it was put to Oklahomans in a statewide vote. The coalition fell more than 20,000 signatures short of its goal.
Second Amendment supporters plan to rally 10 a.m. Friday at the Capitol in support of the permit less carry law. Don Spencer president of the Oklahoma Second Amendment Association said they planned to rally regardless of the judge's ruling.
Nonetheless, hep raised Andrews' ruling and dismissed the lawsuit as a “Hail Mary attempt” to block permitless carry.
“We' re thrilled with the response from the judge today ,” he said .“He is consistent with the U.S. Constitution, the state constitution, the state Legislature and the governor.”