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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Obama Gun Ownership Question Has NRA, Some Blue Dog Democrats Asking 'Why?'

President-elect Barack Obama’s transition team is asking potential appointees detailed questions about gun ownership, and firearms advocates aren’t happy about it.

The National Rifle Association has denounced the move, which has already led one Republican senator to consider legislation aimed at ensuring a president can’t use an applicant’s gun ownership status to deny employment.

It’s just one question on a lengthy personnel form — No. 59 on a 63-question list — but the furor over the query is a vivid reminder of the intensity of support for Second Amendment rights and signals the scrutiny Obama is likely to receive from the ever-vigilant gun lobby.

Obama’s transition team declined to go into detail on why they included the question, suggesting only that it was done to ensure potential appointees were in line with gun laws.

Read more details at http://www.politico.com/news/stories/1108/15835.html.

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DA Says Property Owner Shooting Justified

No charges will be filed against a Midwest City man who shot and killed an apparent burglar after the burglar tried to hit him with a vehicle. Oklahoma County prosecutors say 44-year-old Steven Palenko was defending himself when he shot 34-year-old Mikah Smith on July 17. Investigators say Palenko shot Smith with a shotgun after interrupting an apparent burglary attempt. He shot at Smith's car when it veered toward him as Smith was trying to drive away.

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New DC Gun Restrictions Head To Court

The District of Columbia's new restrictions on the ownership and possession of handguns by residents is headed into federal court, as the plaintiff in the U. S. Supreme Court case that overturned Washington's 32-year-old handgun ban reacts to new restrictions.

In a complaint filed Monday in U.S. District Court, Dick Heller and two other plaintiffs allege that the city's new gun regulations still violate rights guaranteed under the Constitution.

The lawsuit cites the District of Columbia's unusual ban on firearms that carry more than 12 rounds of ammunition, which includes most semiautomatic handguns.

The suit also claims that the city's regulations make it all but impossible for residents to keep a gun ready for immediate self defense in the home.

The Supreme Court struck down Washington's handgun ban June 26. The D.C. Council passed emergency legislation July 15.

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Citty Under Fire For Gun Control Comment

Oklahoma City Police Chief Bill Citty, who yesterday called for more gun control following a gang-related drive-by shooting that wounded six over the weekend, is under fire today from numerous quarters.

National Rifle Association news commentator Mike McCarville told NRA News listeners last night Citty "apparently has bought into the 'it's the guns, not the criminals' mindset" that propels those pushing gun control.

"Why isn't he talking about more gang control?" McCarville asked. "And since when do gang members pay any attention to gun laws? The only thing Citty's proposal would produce is more restrictions on those who already follow the law."

The NRA's Institute for Legislative Action put the Citty story on its international news wire feed, prompting numerous 2nd Amendment bloggers to comment.

The Oklahoma Shooters Association blog is jammed today with comments critical of Citty. Read them at http://www.okshooters.com/forums/showthread.php?t=30828.

Oklahoma City outdoor television and radio show host Ron Black scorches Citty in comments posted today on his blog.

KTOK radio talk show host Mark Shannon discussed Citty's remarks on his afternoon talk show.

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Armed OKC Homeowner Stops Burglar

An Oklahoma City homeowner armed with his pistol shot and wounded a burglar who lunged at him inside his home, police say.

The unidentified homeowner shot the burglar, Alex Downing, in the buttocks, after he found Downing in his home office trying to steal items. He shot Downing after the man apparently lunged at him after being confronted and told to raise his hands. Downing apparently then realized the homeowner was armed and turned away just as the homeowner fired.

Downing is charged with first-degree burglary.

The homeowner, who is licensed to carry a concealed weapon, held Downing at gunpoint after calling police.

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House Passes Concealed Carry Legislation

From www.tulsaworld.com ~ The House today easily passed a weakened bill that would allow military veterans and trained law enforcement personnel to carry concealed weapons onto college campuses.

Before the bill was passed, 65-36, it was stripped of more liberal provisions that would have allowed anyone age 21 or above with a concealed carry permit to be armed on campus.

Lawmakers argued over whether arming some students would make campuses more safe or dangerous.

Rep. Jason Murphey, R-Guthrie, who noted the National Rifle Association supports the bill, said, "We're not going to tell a veteran that he cannot defend himself."

Rep. Ray McCarter, D-Marlow, urged fellow members to vote for their constituents rather than worry about what grade they were going to get from the NRA.

"Shame on the NRA for putting us in this position," he said.

Another lawmaker won passage of a related bill that also was watered down before being approved.

House Bill 2232 by Rep. Jerry Ellis originally would have allowed anyone 18 and above to carry a concealed weapon if the person had undergone eight hours of training and received a permit. Ellis, D-Valliant, amended the bill to cover only those age 18 and on active military duty or a member of the National Guard or military reserve. His bill was approved, 91-9.

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Concealed Carry Applications Soar In Colorado

Colorado Springs, CO ~ Applications for concealed-weapon permits have skyrocketed in Colorado, with the increase fueled by everything from heavily publicized mass shootings to routine renewals, according to the state's sheriffs.

In 2007, 9,880 people statewide sought permits, compared with 6,649 people in 2006 and 6,670 people in 2005, according to the County Sheriffs of Colorado.

And the surge has continued into 2008 in several counties.

Law-enforcement experts have different ideas on why more people want to carry concealed weapons. Some believe it is due to a rash of violent outbreaks at Virginia Tech, Northern Illinois University and a mall in Utah.

Some sheriff's offices believe churches concerned about protecting their flocks are seeking concealed-carry permits. Another official believes many of the initial batch of five-year permits in the state are expiring soon and that people are simply renewing applications. Those seeking permits are not required to explain why they want to carry a weapon. Whatever the reason, the trend is real.

Applications for concealed-carry weapon permits in El Paso County rose 87 percent in 2007, fueled partly by several highprofile violent incidents locally and nationwide, said Sheriff Terry Maketa.

Permit applications rose 50 percent statewide and more than doubled in 18 of Colorado's 64 counties, according to a report issued Monday by County Sheriffs of Colorado.

Executive Director Don Christensen downplayed violence as a reason permit applications were up, noting the 2003 law mandating statewide concealed-carry permitting required that anyone who had a local permit before the law went into effect had to renew it by June 2007.

But Maketa said that of the 2,101 permits issued in El Paso County in 2007, roughly 75 percent were from new applications rather than renewals. El Paso County issued the highest number of concealed-weapon permits of any county in the state in 2007, but it is also the most populated, according to the 2006 Census.

Maketa said the greatest spikes in applications over the past year have come right after well-publicized incidents of violence.

After the February 2007 mall shooting in Utah, applications rose from 81 in February to 191 in March. Then, after the April rampage in which a gunman killed 32 people at Virginia Tech, applications went up from 174 in April to the year's monthly high, 210 applications, in May.

The trend continued after the December shooting of two sisters at New Life Church. Applications rose from 123 in December to 171 in January to 294 in February, according to figures from the Sheriff's Office.

The spike in the number of murders in Colorado Springs and a spate of legislative bills that cut into gun rights last year also factored into the equation, Maketa said.

He said he is not concerned about the growing number of legally armed people in the county. In fact, he said he believes law-abiding citizens make the region safer by getting the permits.

"Actually, I wish it was a higher number, because I know from experience that offenders in the jail system tell me they avoid crimes against people because they know there is a very high concealed-carry rate," Maketa said.

"People want to defend themselves," said Doug Davis, president of the Pikes Peak Firearms Coalition. "That's why they get permits."

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Black: Cooksey's Vote May Prompt Campaign

Blogger and media personality Ron Black, staunch defender of the 2nd Amendment, is out today with a blast at Rep. Marian Cooksey and says her vote on a concealed carry bill may prompt him to try to unseat her in 2010.

Writes Black:

MARIAN COOKSEY LONE "NO" VOTE ON CONCEALED CARRY BILL: Gorilla's Note: In this country, 18 year old men and women are "mature" enough to raise their right hand, swear an oath to defend the Constitution against enemies both foreign and domestic, be issued a rifle and pistol, stand a post and possibly lose their lives in defense of this great nation, but according to the all-knowing, all-seeing Rep. Marian Cooksey (who happens to be my Representative - for now), these same men and women are not "old enough to carry them." Perhaps the 18 year olds in Marian's life aren't "old enough" or mature enough, but the men and women I know certainly are. Perhaps Rep. Cooksey will soon author legislation to raise the age limit of men and women to enter the Armed Services? How old is old enough, Rep. Cooksey? 21? 25? 30? I am disgusted by this decision and though it may be a moot point anyway (you must be 21 years of age to purchase a pistol in the United States), the principle of the matter still stands. I wonder if Rep. Cooksey has even read the Constitution and is familiar with the 2nd Amendment? What about "shall not be infringed" does she not understand?

I am seriously considering whether or not I need to plan a run for House District 39 in the future. We need Representation who understands the Constitution, who respects the fact that in this country, 18 year olds have the "maturity" to stand a post and give their lives so Marian Cooksey can author incredibly meaningful pieces of legislation on issues of critical importance like the overwhelming problem of human trafficking in Oklahoma, but according to her, these same men and women aren't "old enough" to carry a firearm to protect themselves and their families from the evil elements in our culture.

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Anti-Gun Groups File 'Friend Of Court' Brief

From www.tulsatoday.com ~ Two major safety and security organizations - the American Society of Safety Engineers and ASIS International - joined the Brady Center to Prevent Gun Violence in filing a "friend of the court" brief urging the Tenth Circuit Court of Appeals to affirm a 2007 federal district court ruling striking down Oklahoma's 2005 guns-at-work law as unconstitutional.

In a suit filed by ConocoPhillips and others - ConocoPhillips v. Henry - the lower court held that the law, which made it a crime in Oklahoma for employers to bar guns from company property, impermissibly conflicted with the general duty under the federal Occupational Safety and Health Act for all employers to provide workplaces free from recognized hazards.

The National Rifle Association has fought the Circuit Court's ruling.

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Employers Argue Against Gun Law

DENVER (From www.tulsaworld.com) ~ A group of Oklahoma employers are making a novel argument in opposing a state law requiring employers to allow workers to have guns in locked vehicles where they work.

ConocoPhillips Co. and other smaller employers in a court case contend the law constitutes "an unconstitutional taking of (their) property" and their right to exclude people from their property. That argument is in a new filing by the employers at the 10th U.S. Circuit Court of Appeals. They want the court to uphold a decision of U.S. District Judge Terence Kern in Tulsa who struck down the law.

The case recently heated up at the Denver-based court when national organizations on both sides of the law submitted their stances to the judges who will decide whether Kern was correct.

The appellate judges recently allowed the National Rifle Association to file "friend of the court" arguments in support of the law.

A gun-control advocacy group and two safety and security organizations announced Thursday they have jointly submitted ''friend of the court'' arguments in opposition to the law.

A month ago, Gov. Brad Henry and Attorney General Drew Edmondson told the judges they should overturn Kern's Oct. 4 decision. The officials contend the law promotes public safety.

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Gumm Tries To Lure Firearms Manufacturers

LAS VEGAS ~ A recent ranking by a gun control group gives a timely boost to an effort to attract firearms manufacturers to Oklahoma, according to the lawmaker who initiated the endeavor, Senator Jay Paul Gumm of Durant.

Last Thursday, the Brady Campaign – a group that advocates gun control measures – said Oklahoma was tied with Kentucky having the fewest gun control “points” in a national study. Out of a possible 100 points, the two states scored a two.

Gumm, who initiated an effort to attract firearms manufacturers to the Sooner State, said the anti-gun group has given Oklahoma a boost at just the right time.

“I do not agree with the Brady Campaign’s policy initiatives, but they got it right on this study: Oklahoma is the most ‘gun friendly’ state in the Union,” said Gumm. “And, this ranking could not have come at a better time as we sharpen our focus on attracting a gun manufacturer to further strengthen our state’s economy.”

Gumm made the comments while attending the SHOT Show in Las Vegas, Nev., the world’s largest firearms trade show. A delegation including representatives from the Oklahoma Department of Commerce, local economic developers and higher education officials made the trip this weekend to spotlight the state’s effort to attract the attention of firearms manufacturers.

“Every firearms manufacturer with whom we visit asks whether Oklahoma law shows respect to the notion of gun ownership and the freedom guaranteed by the Second Amendment,” he said. “This ranking gives us amazing credibility, focuses our strategic advantage, and sends a positive message to manufacturers currently located in states hostile to the notion of gun ownership.”

Several gun manufacturers are located in California, Connecticut and Illinois. All three states are in the top 10 states when it comes to restrictions on law-abiding citizens’ right to own firearms.

“That fact gives us a great opportunity, which is behind our long-term commitment to bring a major firearms manufacturer to our state,” Gumm said. “Any firearms manufacturer would be welcomed with open arms in any Oklahoma community.”

Four years ago, Gumm wrote and passed Senate Joint Resolution 54. That measure, which has the force and effect of law, directed the Oklahoma Department of Commerce to partner with Murray State College to spotlight Oklahoma as the new location of choice for firearms manufacturers.

Murray State College, located in the senator’s district, is home to one of the nation’s top gunsmith schools.

“Oklahoma represents the perfect situation for any firearms manufacturer,” Gumm said. “We have some of the nation’s best economic development incentives. We have low taxes and plentiful natural resources. We have a trained workforce and the capacity to provide a steady stream of gunsmiths through the program at Murray State College.

“To put the icing on the cake, Oklahoma law shows the greatest respect to the Second Amendment right ‘to keep and bear arms’ and to those companies producing weapons to protect our families and honor our tremendous sporting heritage.”

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Brady Campaign Doesn't Like Oklahoma

The Brady Campaign to Prevent Gun Violence, one of the most off-the-wall gun-grabbing entities in the nation, doesn't like Oklahoma's adherence to the 2nd Amendment.

The group is out with ratings that place Oklahoma last in the nation based on its extremist gun control agenda.

"Officials in Oklahoma have done little to keep criminals and other dangerous people from easily obtaining guns," the group claims. It's ratings are based on its desire for an absolute ban on the personal ownership of firearms and on the concealed carry of firearms by licensed, law-abiding citizens.

Oklahoma earned just two points out of a total of 100 in its rating system, the group said.

The national state-by-state scores are available in complete category-by-category detail at www.bradycampaign.org.

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Henry, Edmondson Argue Guns Promote Safety

From The Tulsa World ~ Oklahoma Gov. Brad Henry and Attorney General Drew Edmondson contend a state law allowing employees to have guns in locked vehicles where they work promotes public safety.

The officials told the 10th U.S. Circuit Court of Appeals this week that, contrary to the ruling by a judge in Tulsa, the law does not conflict with the federal Occupational Safety and Health Act.

The governor and attorney general made those arguments in asking the Denver-based court to overturn a ruling by U.S. District Judge Terence Kern in Tulsa’s federal court.

Kern ruled Oct. 4 that OSHA preempts the law, which was adopted in two stages in 2004 and 2005. He issued an injunction barring enforcement of the law.

ConocoPhillips and other large employers in Oklahoma that have policies against guns in their workplaces challenged the law.

Henry and Edmondson, in 22 pages of arguments this week, told the appellate judges the law promotes “the safety and health of Oklahoma citizens."

The state officials said OSHA has declined to set a national policy banning guns from workplaces. The governor and attorney general contend OSHA “should be interpreted in a manner that prevents the interference with the states’ exercise of police power to protect their citizens.”

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ORA: Andrew Rice No Friend Of Gun Owners

State Senator Andrew Rice, candidate for the Democratic nomination for the U. S. Senate, is no friend of gun owners, the Oklahoma Rifle Association reports in its magazine, The Sharpshooter.

The ORA cites responses Rice gave to a questionnaire he completed when a candidate for the State Senate: "In the survey he stated he (1) supported the assaults weapon ban, (2) believed the sale of military semi-autos to civilians should be curtailed, (3) civilian semi-automatic firearms should be restricted, (4) supported the registration of all firearms, (5) supported registration of all handguns, and (6) all firearms owners should be licensed."

The article reports, "Senator (Jim) Inhofe has a long history of support for the Second Amendment dating back to his days in the Oklahoma State Senate and has consistently received an 'A+' rating from both NRA and ORA. On election day, for Oklahomans who believe in the 'right to keep and bear arms', the choice is simple."

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Missouri Teenager Controls Gun, Kills Intruder

Columbia, MO ~ Police in Columbia have seen several recent instances where would-be crime victims have fought back, including one case where the suspect was fatally shot.

Police said Henry Brown was shot Thursday while trying to break into an apartment. Brown later died. Authorities said the shooter, 18-year-old Alvin Canton, acted in a manner of self-defense that is protected by Missouri's "Castle Doctrine." That law allows homeowners to use deadly force against unlawful intruders. It took effect earlier this year.

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Concealed Carry LIcensee Stops Armed Robbery

A grocery store customer in Indianapolis is being credited with halting an armed robbery by pulling his own weapon and pointing it at the assailant until police arrived.

According to a report in the Indianapolis Star, Charlie Merrell, 51, was in a checkout line at a grocery store called Bucks IGA on the city's south side when a "masked man jumped a nearby counter and held a gun on a store employee."

The police report cited by the newspaper said the incident happened at 5:17 in the afternoon Monday as Merrell was doing some year-end shopping.

"While the suspect was demanding cash from the workers," according to the police report, "Merrell pulled his own handgun, pointed it at the robber and ordered him to put down his weapon."

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Armed Citizen Fights Off Five Attackers

ORLANDO, FL ~ A Central Florida man who collects cash for parking at a church fought off five armed men who had ambushed him and demanded cash.

The 65-year-old victim, who did not want to be identified, said he was collecting cash in the Parramore area before an Orlando Magic basketball game when someone put a gun to his head.

He noticed that that he was surrounded by four other men as well.

The man said he pretended to reach into his jacket for cash but instead pulled out his legally-carried hidden pistol and opened fire. The men fled during the shooting and it was not known if any of them were hit by bullets.

The victim said he had a permit for the concealed weapon. He said he has been a victim of crime before: "A couple of years ago, eight teens attacked me with a pipe trying to rob me," the man said.

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State Students Involved In 'Empty Holster Protest'

It's being reported that some Oklahoma college and university students are participating in a nationwide "Empty Holster Protest" on campuses.

Leaders say it's an attempt to make the point that unarmed students are, and have been, targets for killers.

TMRO is told the demonstration is being conducted on the campuses of the University of Oklahoma, Oklahoma State University and Southwestern Oklahoma State University.

The group's website, http://concealedcampus.org/index.htm, states that, "During the week of October 22-26, participating students and faculty at over 110 colleges and universities throughout America will wear empty holsters on campus, in protest of state laws and school policies that stack the odds in favor of armed killers by disarming law abiding citizens licensed to carry concealed handguns virtually everywhere else (movie theaters, office buildings, shopping malls, etc). The symbolic point of the Empty Holster Protest is to represent that students, faculty, and guests on college campuses are left defenseless (with nothing but empty holsters) by state laws and school policies that refuse to afford concealed handgun license holders the same rights on college campuses that they are afforded virtually everywhere else. The practical point of the Empty Holster Protest is to encourage a dialogue between protesters and individuals who may not know the facts of concealed carry."

At OSU, a number of students are participating and the O'Collegian talked to some of them, plus university officials and others, about it. The student newspaper reported that, "Although opponents of concealed carry argue allowing people to carry guns will cause an increase in gun violence, Stillwater Deputy Chief Ron Thrasher said he doesn’t know of any instances in Stillwater where a concealed carry license was involved in a crime."

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Dallas Reporter's Ambush Interview Outrages Many

Reporter Rebecca Aguilar of Fox KDFW-TV in Dallas "ambushed" 70-year-old James Walton as he walked to his car. She stood over him, berating him for shooting and killing someone who tried to break into his house, asking, "Are you a trigger happy kind of person? Is that what what you wanted to do? Shoot to kill?" James Walton was reduced to tears, while she looked down on him with what appeared to be indifference.

The outrage by viewers over Aguilar's treatment of Walton resulted in her suspension by the station.

Here's the background: Walton, owner of Able Walton Machine & Welding in the 2000 block of Chalk Hill Road in West Dallas, was alerted to the intruder when his motion sensor system activated about 9 a.m. Sunday, police said. This, after 42 calls to police about previous burglaries.

Walton, who also lives at his business, went downstairs with a shotgun and fired at a man who had broken in. The intruder was later identified by police as Jimmy Gannon of Ferris.

Walton noticed another man outside his property last Sunday. Walton shot and wounded that man. The man escaped, but a witness eventually led police to him. The man, whom police did not immediately identify, was questioned by officers Sunday afternoon.

Police said Walton is allowed to protect his property. No charges were filed against him Sunday, though the case will be referred to a grand jury, police said.

"He's got a right to defend his property. What gives a stranger the right to go in and vandalize or burglarize his business?" said Dallas police Sgt. Gene Reyes. "He's within every legal right to do this."

On September 22nd, Walton shot and killed a man he saw climbing through a pried-open window of his business, police said. The intruder was later identified as Raul Laureles. That incident also was referred to a grand jury.

Aguilar recently was named one of the National Association for Hispanic Journalists' Broadcast Journalists of the Year.

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