Obama's Gun Question Would Be Banned In Oklahoma Under Rex Duncan's Proposed Law

Sand Springs Rep. Rex Duncan wants to make it unlawful for private or public employers to ask job applicants if they own a firearm, a move aimed directly at President-elect Obama's transition team questionnaire that seeks such information.

Duncan's prefiled measure, House Bill 1025, reads, "It shall be unlawful for any private employer doing business in this state to ask any applicant for employment information about whether the applicant owns or possesses a firearm. Any private employer who violates the provisions of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00), or imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.

"B. All public employers and public officials within this state shall be prohibited from asking any applicant for employment information about whether the applicant owns or possesses a firearm. Any public employer or public official who violates the provisions of this subsection shall be deemed to be acting outside the scope of their employment and shall therefor be barred from seeking statutory immunity from any exemption or provision of The Governmental Tort Claims Act."

Obama's questionnaire seeks information about gun ownership and seeks to determine the applicant's degree of involvement with firearms. The question has been criticized by gun rights activists and organizations, including the National Rifle Association, Gun Owners of America, and others.

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