Special session and stand your ground

The Oklahoma Legislature will likely convene in the next few weeks for a special session. A recent ruling of the State Supreme Court invalidated the Legislature’s 2011 tort reform law because they felt it violated Oklahoma Constitution’s single subject provision.

I am a big believer in the single subject provision because it prevents legislators from being forced to vote on more than one issue in the same bill. However, there are many in the Legislature who question the Court’s motives, especially since the 2011 bill specifically dealt with the tort reform subject. There is a common belief that the Court allowed their views on policy to override a clear and plain judicial interpretation, thus requiring an immediate response from the Legislature.

The Court has also created uncertainty for those who would like to move or start a business in Oklahoma, further incentivizing the Legislature’s prompt response. There is already indication that aggressive attorneys are trying to exploit the ruling and intend to introduce harmful, and frivolous lawsuits before the Legislature can approve tort reform during the 2014 legislative session.

A special session would allow the Legislature to send notice to the Court that politicizing policy has no effect and immediately ease the uncertainty that has been created for Oklahoma business owners.

I agree with and support the call for a special session. It could occur as soon as next month and will likely last for at least one week.

On another note of recent interest, I am receiving emails from those who fear that Oklahoma lawmakers will retreat from our state’s “stand your ground” law as fallout from the George Zimmerman trial. They are seeing reports of national politicians attacking the “stand your ground” concept. One local lawmaker made news recently by asking for a legislative review of Oklahoma’s law. Many are rightly perplexed by those who seem to suggest it isn’t acceptable to defend against an aggressor and they fear political efforts to change the law.

Currently, 174,192 Oklahomans avail themselves of Oklahoma’s concealed carry law which serves as a powerful companion to the “stand your ground” law. Oklahoma lawmakers recently expanded this law to include an open carry provision as well. These laws are designed to allow Oklahomans to protect themselves when attacked without having to fear prosecution.

There simply isn’t evidence to suggest these laws have not worked. The concealed carry law has been in place for approximately 15 years and the “stand your ground” law for about seven. Throughout this time critics have been hard pressed to point to abuses. To the contrary, subsequent bills have expanded the purview of these laws. Concealed carry licensees can now open carry and the “stand your ground” law has been expanded to apply in the workplace.

Based on my first-hand observations in the Legislature, please know that the majority of Oklahoma policy makers remain solidly committed to the important concept of concealed and open carry, “stand your ground” law and self defense.

Thank you for reading this article. Your interest and input are much appreciated. Please do not hesitate to email Jason.Murphey@hd31.org with your thoughts and suggestions.