Claremore Daily Progress

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April 27, 2010

Gov. Henry vetoes gun bill

Sean Murphy Associated Press

OKLAHOMA CITY — Gov. Brad Henry on Tuesday vetoed a bill to exempt Oklahoma-made guns and ammunition from federal regulations, saying the measure would make it easier for criminals to obtain weapons and endanger citizens and law enforcement.

Similar to laws passed in at least four other states, the "Oklahoma Firearms Freedom Act" states that firearms, gun accessories or ammunition produced in Oklahoma would not be subject to interstate commerce laws and federal regulations if the items remain in the state. The bill does not apply to certain large firearms and exploding ammunition.

"I'm a strong supporter of the Second Amendment and have earned an 'A' rating from the NRA, but this legislation does nothing to protect an individual's right to bear arms," Henry, a Democrat, said in a statement. "It abolishes commonsense regulations like background checks and gives criminals easy access to a wide array of weapons. This law would harm Oklahomans, not protect them."

State Sen. Randy Brogdon, a Republican candidate for governor who authored the bill, called Henry's argument "absurd" and vowed to attempt an override of the veto. That would take a three-quarters majority in both the House and Senate.

"What the governor fails to grasp is that for years, anti-Second Amendment politicians have been attempting to use federal regulation as a way to prevent any law-abiding citizen from owning firearms," said Brogdon, R-Owasso. "My legislation would have stopped further federal attempts to erode our constitutional right to protect ourselves and our families."

Henry, who is barred by term limits from seeking re-election, also said the bill was certain to draw a legal challenge and result in a losing court battle.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives prompted a court challenge in Montana, one of the first states to pass such a law, when it told all licensed gun dealers in the state last year that they were still bound by federal gun regulations. The Montana Shooting Sports Association and other pro-gun groups sued.

The U.S. Department of Justice has said in court filings that the Montana plaintiffs lack standing and that enactment of federal firearms laws are a valid exercise of congressional power to regulate commerce under the Constitution.

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