DUNCAN, Okla. (KSWO) - Senate Bill 108, or the Anti red Flag Bill prevents policies allowing a court to restrict gun access to someone deemed an imminent danger. One of the Bill co-authors cleared up exactly what that means.
“Someone being in danger of someone that can cause the means and the ability to do so,” said Bill co-author Rep. Jay Steagall.
Steagall said the idea for this bill isn’t from any current legislation, but an attempt to get ahead of red flag laws created across the country.
“We’ve seen 17 other states enact some sort of red flag law, whether it was at the state level, county level or municipality level that obviously dealt with infringing on due process,” said Rep. Steagall.
In Stephens County, Sheriff Wayne McKinney said he wants to make it clear that this doesn’t impact state statutes already in place... ones that protect a family from real danger.
“We have protective orders that if we feel if someone is a danger to themselves, or extreme danger to their family, and they have weapons, the judge can issue a protective order, and we can remove those,” said Stephens County Sheriff Wayne McKinney.
His issue is the inverse, when no danger is present and hearsay is the reason for property to be seized.
"I do have an issue with, is “I dont like you Kyle, and you have guns and I don’t like you so I’ll say this about you, then they come and try to take your weapon,” said McKinney.
While those protective orders remain in place, Steagall said SB 1081 focuses on due process, and eliminating gun confiscation when it’s unnecessary.
“It’s really about property, and a government entity having the authority to come and take it without a crime being committed," said Rep. Steagall.
Originally, it was reported this bill was signed on Saturday... but that turned out to be incorrect.
Now that it has been signed by Governor Stitt, it goes into effect immediately.
Copyright 2020 KSWO. All rights reserved.