Oklahoma law already allowed lawful gun owners to display their firearms to protect their life or the lives of others. Now, however, residents can also display a gun to protect their property.
HB 2818 was recently signed into law by Gov. Kevin Stitt after winning approval by wide margins in both chambers of the legislature. Still, the handful of anti-gun lawmakers have been mounting a public relations campaign against the new law, warning that it will make the Sooner State less safe.
Rep. Michelle McCane (D-Tulsa) shared her concern around interpretations of the bill with FOX23.
"As a representative who believes in both public safety and responsible gun ownership, I expressed my deep concerns and opposition to HB 2818 when it was presented. While I understand the intent to protect private property, this law opens the door to dangerous interpretations of what constitutes a "threat" and escalates the potential for violence, especially against marginalized groups who are too often perceived as threatening for simply existing in certain spaces. I think of the stories in the last few years of children being hurt or killed by someone shooting a "threat" that turned out to be a game of Ding Dong Ditch or the wrong address.
What this bill really does is send the message that property is more valuable than human life. It encourages armed confrontation and does nothing to address the root causes of crime or conflict. Laws like this don’t make us safer—they make us more fearful, more divided, and more prone to tragedy. We should be investing in proven methods of violence prevention and neighborhood-based public safety, not promoting vigilantism under the guise of property defense.
I believe we can pursue safety without sacrificing our shared humanity and will continue to advocate for reasonable solutions for Oklahomans," said Rep. McCane.
Contrary to McCane's concerns, the new law also contains a provision that still allows judges the discretion to evaluate cases involving the display of a firearm and decide the appropriate punishment. That's not going to promote vigilantism. In fact, it should be a sobering reminder to all gun owners that brandishing a gun purely out of anger or spite is likely going to lead to criminal charges. As one Second Amendment activist in the state argues, the effect will primarily be felt by those gun owners who want to defend their property without having to immediately resort to pulling the trigger.
"HB2818 restores the right of a citizen to defend property that has been in our state constitution since 1907. This new law already may be more important that Constitutional Carry was in 2019. It is clear, citizens have a right to defend their own property or with the permission of the property owner to use force described in 1289.25. That includes the pointing of a firearm. It is still illegal for a person to antagonize another and claim self-defense. This law will deter crime from property theft, thus possibly reducing insurance premiums for citizens of the State of Oklahoma. The law includes describing the defensive display of a firearm to defend oneself or property. This could be used to stop a porch pirate in the city or stop cattle theft in the country," said Don Spencer, President of the Oklahoma Second Amendment Association.
Will the new law really be more important than Constitutional Carry? I have my doubts, but we'll be able to make an informed opinion after the new law has been in place for awhile. In the meantime, Oklahoma gun owners should still be aware of the potential legal pitfalls that remain when defending their property with a firearm.
HB 281 allows for verbally informing another person of possession of a gun, exposing a gun in a way any "reasonable person" would understand it was meant for protection against unlawful force, and placing a hand on a gun while it is in contained in a pocket, purse, holster or other form of transportation. It doesn't protect against things like pointing a gun at every person who wanders up to your front door or exposing your gun to someone admiring your car a little too intently. Do that and you're likely to still face criminal charges, despite warnings to the contrary from anti-gun politicians.
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