Birthplace of the Second Amendment 1765: Oklahoma: State House Overwhelmingly Approves Firearms Manufacturer Protection Bill

Friday, September 6, 2013

Oklahoma: State House Overwhelmingly Approves Firearms Manufacturer Protection Bill

NRA - September 6, 2013

Yesterday, the Oklahoma House of Representatives voted 92-0 to approve House Bill 1004, authored by state Representative T.W. Shannon (R-62) and state Senators Brian Bingman (R-3) and Anthony Sykes (R-24). HB 1004 contains critical protections against attempts to bankrupt the American firearms industry through erroneous lawsuits that would threaten the availability of firearms to consumers.
This legislation would provide that lawsuits may not be brought against manufacturers, distributors or sellers of firearms if such suits are based on criminal or unlawful use of the product by a third party. However, these protections would not apply to actions arising from the unlawful sale or transfer of firearms, or to instances in which the transferor knew, or should have known, that the recipient would engage in the unlawful sale or transfer of the firearm, or would use, or purposely allow the use of, the firearm in an unlawful, negligent, or improper fashion.

Additionally, the state House voted 75 to 1 to add an emergency clause to HB 1004, enabling the legislation to take immediate effect if passed by the state Senate next week and signed into law by the Governor.

The language in HB 1004 was originally passed in 2009 as a section of House Bill 1603, which dealt broadly with tort reform and was law in Oklahoma until this June when the Oklahoma Supreme Court struck down HB 1603 for violating the state constitutional requirement that a bill can have only one subject, not multiple. Governor Mary Fallin (R) called the state legislature into special session in order to restore the reforms in the original HB 1603 by introducing each subject as its own bill.

The NRA thanks all state Representatives who voted for this critical protection of the Second Amendment.

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It All Started Here . . .

Frontier Mercersburg in 1765 was the "birthplace" of the right we now refer to as "the Second Amendment", or, "the right to bear arms". It was here that individuals for the first time, some would say divinely, embraced the link between "Life and Liberty". . . and struck the first blow for Freedom.

Historically the right to bear arms goes back even before our founding as a nation to the Glorious Revolution of 1689 when William III agreed to the English Bill of Rights. If one can look at revolution like a volcanic eruption in nature, you understand that often from the destruction come the seeds of new human values and beliefs. In this case the independence of the human spirit, the right to know God for oneself, and to trust your conscience was hard won in this revolution of the human soul.

One crucible begets the necessity for another and on the frontier in America the right to defend ones religious beliefs was becoming the right to participate in the decisions of government that impact my "self". Freedom of the soul was becoming freedom of the heart and mind. Smith's Rebellion began as an act they justified under the rubric of defending oneself because government had failed in its obligation to protect Life, Liberty and Property. This was the first assertion of this principle aimed directly at British Military Authority as well as the incompetent government of John Penn - anywhere in the colonies.

In the end, Smith's Rebellion was the first armed resistance against British Military Rule leading up to the American Revolution. It was the first American triumph over the best military force in the world. It was the first time upon defending oneself that Americans had proclaimed we can rule ourselves.

It would be ten years before the battles at Lexington and Concord.

...Let Them Take Arms

The "Right to Bear Arms" . . .or 2nd Amendment is one of the most discussed and contentious of all the amendments of the Bill of Rights. It is, in fact, the only amendment that contains not only the seeds but the actual instruments of the revolution itself. Further, it gives real affirmation to Thomas Jefferson's quote . . .
"God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty. ... And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."

It is for this reason, if no other, that the Government and its functionaries vociferously assail and obfuscate the text of this simple assertion. More, it is for this reason, and in the face of the perennial onslaught that its defense and affirmation is essential to the survival of the republic.

Frontier Mercersburg & The Justice William Smith House

The frontier town of Mercersburg, PA. in the 1760's, although typical of many settlements along the Appalachian Mountains played a pivotal role in the creation of what was to become the "Bill of Rights".

Frontiersmen like James Smith and the Black Boys, many of whom were inhabitants of the Mercersburg environs, were early participants in a series of conflicts with the British government that established principles the eventually lead to the inclusion of the "right to bear arms" in the Bill of Rights.

Much of the focus, centers on the domicile (and likely place of business) of Justice William Smith.

Birthplace of the Second Amendment 1765

Pages

Second Amendment to the U.S. Constitution - Bill of Rights

Preservation and Proposition

Friday, September 6, 2013

Oklahoma: State House Overwhelmingly Approves Firearms Manufacturer Protection Bill

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