State Representative Sue Tibbs, R-OK.
Oklahoma state representative Sue Tibbs has sponsored a law that took effect November 1, 2009 which makes it a felony for a person to fortify his or her home. The law's stated effect is to penalize those who impede law enforcement's ability to get into a home or harm a law enforcement officer when drug activity is taking place in the home.
Here is the text of the law:
A new section of law to be codified in the Oklahoma Statutes as Section 540C of Title 21, unless there is created a duplication in numbering, reads as follows:
A. It shall be unlawful for any person to willfully fortify an access point into any dwelling, structure, building or other place where a felony offense prohibited by the Uniform Controlled Dangerous Substances Act is being committed, or attempted, and the fortification is for the purpose of preventing or delaying entry or access by a law enforcement officer, or to harm or injure a law enforcement officer in the performance of official duties.
B. For purposes of this section, “fortify an access point” means to willfully construct, install, position, use or hold any material or device designed to injure a person upon entry or to strengthen, defend, restrict or obstruct any door, window or other opening into a dwelling, structure, building or other place to any extent beyond the security provided by a commercial alarm system, lock or deadbolt, or a combination of alarm, lock or deadbolt.
C. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
SECTION 2. This act shall become effective November 1, 2009.
What makes this somewhat retarded is that impeding a law enforcement officer's ability to enter a home already constitutes two other crimes, depending upon the scenario. If a law enforcement officer has probable cause to make an arrest and the perpetrator uses his fortifications to avoid arrest, he is resisting arrest. If the law enforcement officer has an arrest warrant, add obstruction of justice to the charges. If the perpetrator uses his fortifications to harm the law enforcement officer, whether or not there is another crime being committed, look for assault on a law enforcement officer charge or an attempted murder charge (depending on the specific facts). In other words, there are already laws on the books to deal with this.
What makes this law and its sponsor, Representative Tibbs, full-blown retarded is that it gives the jack-booted thugs who wear full-face masks and black outfits without police markings license to arrest, on the pretext of drug activity, any person who fortifies the entrances to his or her home. This is an infringement upon the civil liberties of every Oklahoman, to be forcibly digested along with all the other "it's for your own good" bullshit coming out of the so-called War on Drugs.
While I do not use illegal drugs of any kind, I do not take kindly to being told what I can and cannot do with my property. If I want to fortify my doors and windows, I'm going to do it. In fact, I am going to do it. Nobody should have to give up the right to protect their domicile if they want to smoke a doobie in the privacy of their own home.
Unfortunately, Oklahomans have a lesser right to be secure in their own homes thanks to Retarded Politician Sue Tibbs. Thank God I don't live in Oklahoma.
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