STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2819	By:	Moore

AS INTRODUCED

An Act relating to militia; providing for membership in the Oklahoma Unorganized Militia; directing supervision; declaring powers and duties of the Oklahoma Unorganized Militia; amending 44 O.S. 2011, Section 72, which relates to ordering militia into active service; authorizing the Governor to order out the unorganized militia in certain circumstances; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 60 of Title 44, unless there is created a duplication in numbering, reads as follows:
A.  Pursuant to the provisions of Section 41 of Title 44 of the Oklahoma Statutes an able-bodied citizen of this state who is over seventeen (17) years of age and can legally purchase a firearm is deemed a member of the Oklahoma Unorganized Militia, unless he or she is already a member of the National Guard or the organized militia not in National Guard service.
B.  The unorganized militia shall be under the supervision of the Governor, as Commander-in-Chief, and the Adjutant General and shall be regulated through the actions of the Legislature.
C.  The powers and duties of the Oklahoma Unorganized Militia include:
1.  The militia may be ordered to active duty pursuant to the provisions of Section 72 of Title 44 of the Oklahoma Statutes;
2.  A militia member, at the member's own expense, shall have the right to possess and keep all arms that could be legally acquired or possessed by an Oklahoma citizen as of December 31, 2014.  This includes shouldered rifles and shotguns, handguns, clips, magazines, and all components;
3.  The unorganized militia shall not fall under any law or regulation or jurisdiction of any person or entity outside of Oklahoma; and
4.  A member may resign at any time from the unorganized militia, at which time the member will resume his or her civilian status.
SECTION 2.     AMENDATORY     44 O.S. 2011, Section 72, is amended to read as follows:
Section 72.  A.  It shall be the duty of the Governor and he the Governor is authorized and required, in case of war, invasion, insurrection, or breach of the peace or imminent danger thereof or any forcible obstructing of the execution of the laws or reasonable apprehension thereof, and at all other times he may deem necessary to order on state duty the National Guard or any part thereof.  No member thereof who shall be ordered out for such duty shall be liable for civil prosecution for any act done by him in the discharge of his military duty on such occasion, and when the President of the United States shall make a call, order, or requisition for troops, the Governor shall first order into the service of the United States the organizations and arms of the service specified in said requisition.
B.  In the event of imminent danger or threat to the sovereignty or control of the State of Oklahoma by either domestic or foreign forces, if the Governor shall have ordered into active service all of the available forces of the National Guard of Oklahoma and considers them insufficient in numbers to properly accomplish the purpose, the Governor may then in addition order out the unorganized militia or such portion thereof as the Governor may deem necessary and cause them to perform such military duty as the circumstances may require.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-2-9614	AMM	01/10/14