Legislation filed modifying gun law for felon passengers

Legislation was filed Thursday to keep felons from being unfairly punished for riding in vehicles with drivers legally carrying a firearm. Senate Bill 46 is authored by Sen. Paul Scott and Rep. Jim Olsen.

“The legislature has worked extremely hard in recent years to address prison overcrowding and to be smarter on crime in Oklahoma. This loophole has unnecessarily caused individuals to be put back in prison because they weren’t aware that the driver of the vehicle had a gun in the car,” said Scott, R-Duncan. “If we don’t change this, we could be potentially putting nonviolent offenders who have served the time for their crime and had no ill intent to anyone back in prison for up to ten years. They simply unknowingly got a ride from someone who is legally carrying a firearm in their vehicle.”

SB 46 removes language prohibiting a convicted felon, person serving on probation, or any person previously adjudicated as a delinquent child or a youthful offender in the commission of a felony crime if that person was an adult from riding in a vehicle as a passenger if there is a firearm in the vehicle.

“A great example is ministers with conceal carry licenses who are concerned about giving felons a ride to church events. They’re trying to help the felon yet if they’re pulled over for a traffic violation, it could be devastating for the individual they’re trying to help,” said Scott. “The current law prohibiting felons from riding in a vehicle with a firearm was made before the state passed Conceal Carry in 1995. The issue hasn’t been addressed since but it’s time to close this unfair loophole.”

The bill was requested by the Oklahoma Second Amendment Association.

SB 46 also strikes any reference to sawed-off shotguns, machine guns, and the adjective “dangerous or deadly” to clarify that the law applies to all types of firearms not just specific ones.

The legislative session begins on Monday, February 4.