Protecting 2nd Amendment Rights Moves to House Floor

A bill that would forbid employers from asking a potential employee if they own a firearm passed out of committee this week.

The legislation, House Bill 1025, is in response to President Barack Obama asking potential cabinet members if they owned or possessed a firearm, and if so, for its registration information on their background application.

Rep. Rex Duncan, author of the bill, criticized Obama’s question as an infringement on Second Amendment rights and wants to make sure no Oklahoma employers, both public and private, are allowed to ask a similar question on a job application.

“I was deeply offended by President Obama’s question,” said Duncan, R-Sand Springs. “I think Oklahoma employers are smarter than to ask a question like that as a term of employment, but this legislation will make sure.”

“It is inappropriate for any employer to exploit an employment application to determine a person's job eligibility or to breach their privacy and constitutional rights,” said Chris W. Cox, the executive director of the National Rifle Association - Institute for Legislative Action. “Gun owners and hunters are grateful for the leadership of Representative Duncan for his efforts to preserve their privacy and Second Amendment rights.”

The bill passed the House Judiciary Committee this week and will next be heard for a full vote on the House floor.

Under Proposed Law Obama's Gun Question Would Be Banned

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.

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.