1| STATE OF OKLAHOMA |
| |
2| 1st Session of the 59th Legislature (2023) |
| |
3|SENATE BILL 824 By: Dahm |
| |
4| |
| |
5| |
| |
6| AS INTRODUCED |
| |
7| An Act relating to firearms regulation; amending 21 |
| O.S. 2021, Section 1289.24, which relates to state |
8| preemption of firearm regulation; modifying |
| inclusions; updating statutory language; and |
9| providing an effective date. |
| |
10| |
| |
11| |
| |
12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
13| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.24, is |
| |
14|amended to read as follows: |
| |
15| Section 1289.24. |
| |
16| FIREARM REGULATION STATE PREEMPTION |
| |
17| A. 1. The State Legislature hereby occupies and preempts the |
| |
18|entire field of legislation in this state touching in any way |
| |
19|firearms, air powered pistols, air powered rifles, knives, firearm |
| |
20|and ammunition components, ammunition and supplies to the complete |
| |
21|exclusion of any order, ordinance or regulation by any municipality |
| |
22|or other political subdivision of this state. Any existing or |
| |
23|future orders, ordinances or regulations in this field, except as |
| |
24| |
| |
Req. No. 936 Page 1
___________________________________________________________________________
1|provided for in paragraph 2 of this subsection and subsection C of |
| |
2|this section, are null and void. |
| |
3| 2. A municipality may adopt any ordinance: |
| |
4| a. relating to the discharge of firearms within the |
| |
5| jurisdiction of the municipality, |
| |
6| b. allowing the municipality to issue a traffic citation |
| |
7| for transporting a firearm improperly as provided for |
| |
8| in Section 1289.13A of this title,; provided, however, |
| |
9| that penalties contained for violation of any |
| |
10| ordinance enacted pursuant to the provisions of this |
| |
11| subparagraph shall not exceed the penalties |
| |
12| established in the Oklahoma Self-Defense Act, and |
| |
13| c. allowing the municipality to issue a citation to an |
| |
14| individual or the parent or guardian of a minor who |
| |
15| discharges an air powered pistol or air powered rifle |
| |
16| in an intentional or negligent manner which causes the |
| |
17| projectile to leave the intended premises. |
| |
18| 3. As provided in the preemption provisions of this section, |
| |
19|the otherwise lawful carrying or possession of a firearm under the |
| |
20|provisions of Chapter 53 of this title shall not be punishable by |
| |
21|any municipality or other political subdivision of this state as |
| |
22|disorderly conduct, disturbing the peace or similar offense against |
| |
23|public order. |
| |
24| |
| |
Req. No. 936 Page 2
___________________________________________________________________________
1| 4. A public or private school may create a policy regulating |
| |
2|the possession of knives on school property or in any school bus or |
| |
3|vehicle used by the school for purposes of transportation. |
| |
4| B. No municipality or other political subdivision of this state |
| |
5|shall adopt any order, ordinance or regulation concerning in any way |
| |
6|the sale, purchase, purchase delay, transfer, ownership, use, |
| |
7|keeping, possession, carrying, bearing, transportation, licensing, |
| |
8|permit, registration, taxation other than sales and compensating use |
| |
9|taxes or other controls on firearms, knives, firearm and ammunition |
| |
10|components, ammunition and supplies. |
| |
11| C. Except as hereinafter provided, this section shall not |
| |
12|prohibit any order, ordinance or regulation by any municipality |
| |
13|concerning the confiscation of property used in violation of the |
| |
14|ordinances of the municipality as provided for in Section 28-121 of |
| |
15|Title 11 of the Oklahoma Statutes. Provided, however, no municipal |
| |
16|ordinance relating to transporting a firearm or knife improperly may |
| |
17|include a provision for confiscation of property. |
| |
18| D. When a person's rights pursuant to the protection of the |
| |
19|preemption provisions of this section have been violated, the person |
| |
20|shall have the right to bring a civil action against the persons, |
| |
21|municipality, and political subdivision jointly and severally for |
| |
22|injunctive relief or monetary damages or both. |
| |
23| E. As used in this section, air powered pistol or air powered |
| |
24|rifle is any pistol or rifle that uses compressed air or other |
| |
Req. No. 936 Page 3
___________________________________________________________________________
1|compressed gas to project plastic BB-like or pellet-like projectiles |
| |
2|at a speed not exceeding 400 four hundred (400) feet per second. |
| |
3| SECTION 2. This act shall become effective November 1, 2023. |
| |
4| |
| |
5| 59-1-936 JES 1/19/2023 9:48:59 AM |
| |
6| |
| |
7| |
| |
8| |
| |
9| |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
Req. No. 936 Page 4
