Oklahoma § 21-1289.24

§ 21-1289.24.

Firearm regulation - State preemption.

FIREARM REGULATION – STATE PREEMPTION

A. 1. The State Legislature hereby occupies and preempts the

entire field of legislation in this state touching in any way

firearms, air powered pistols, air powered rifles, knives,

components, ammunition and supplies to the complete exclusion of any

order, ordinance or regulation by any municipality or other

political subdivision of this state. Any existing or future orders,

ordinances or regulations in this field, except as provided for in

paragraph 2 of this subsection and subsection C of this section, are

null and void.

2. A municipality may adopt any ordinance:

a.

relating to the discharge of firearms within the

jurisdiction of the municipality,

b.

allowing the municipality to issue a traffic citation

for transporting a firearm improperly as provided for

in Section 1289.13A of this title, provided, however,

that penalties contained for violation of any

ordinance enacted pursuant to the provisions of this

subparagraph shall not exceed the penalties

established in the Oklahoma Self-Defense Act, and

c.

allowing the municipality to issue a citation to an

individual or the parent or guardian of a minor who

discharges an air powered pistol or air powered rifle

in an intentional or negligent manner which causes the

projectile to leave the intended premises.

3. As provided in the preemption provisions of this section,

the otherwise lawful carrying or possession of a firearm under the

provisions of Chapter 53 of this title shall not be punishable by

any municipality or other political subdivision of this state as

disorderly conduct, disturbing the peace or similar offense against

public order.

4. A public or private school may create a policy regulating

the possession of knives on school property or in any school bus or

vehicle used by the school for purposes of transportation.

B. No municipality or other political subdivision of this state

shall adopt any order, ordinance or regulation concerning in any way

the sale, purchase, purchase delay, transfer, ownership, use,

keeping, possession, carrying, bearing, transportation, licensing,

permit, registration, taxation other than sales and compensating use

taxes or other controls on firearms, knives, components, ammunition

and supplies.

Oklahoma Statutes - Title 21. Crimes and Punishments

C. Except as hereinafter provided, this section shall not

prohibit any order, ordinance or regulation by any municipality

concerning the confiscation of property used in violation of the

ordinances of the municipality as provided for in Section 28-121 of

Title 11 of the Oklahoma Statutes. Provided, however, no municipal

ordinance relating to transporting a firearm or knife improperly may

include a provision for confiscation of property.

D. When a person's rights pursuant to the protection of the

preemption provisions of this section have been violated, the person

shall have the right to bring a civil action against the persons,

municipality, and political subdivision jointly and severally for

injunctive relief or monetary damages or both.

E. As used in this section, air powered pistol or air powered

rifle is any pistol or rifle that uses compressed air or other

compressed gas to project plastic BB-like or pellet-like projectiles

at a speed not exceeding 400 feet per second.

Added by Laws 1985, c. 28, § 2, eff. Nov. 1, 1985. Amended by Laws

1985, c. 223, § 1, eff. Nov. 1, 1985; Laws 1995, c. 272, § 56, eff.

Sept. 1, 1995; Laws 1996, c. 191, § 9, emerg. eff. May 16, 1996;

Laws 2003, c. 465, § 5, eff. July 1, 2003; Laws 2004, c. 220, § 1,

eff. Nov. 1, 2004; Laws 2012, c. 259, § 22, eff. Nov. 1, 2012; Laws

2015, c. 241, § 1, eff. Nov. 1, 2015; Laws 2019, c. 1, § 8, eff.

Nov. 1, 2019; Laws 2021, c. 310, § 1, eff. Nov. 1, 2021.

§21-1289.24a. Lawsuits against gun manufacturers.

1. The State Legislature declares that the lawful design,

marketing, manufacturing, or sale of firearms or ammunition to the

public is not unreasonably dangerous activity and does not

constitute a nuisance.

2. The authority to bring suit and right to recover against any

firearms or ammunition manufacturer, trade association, or dealer by

or on behalf of any governmental unit created by or pursuant to an

act of the Legislature or the Constitution, or any department,

agency, or authority thereof, for damages, abatement, or injunctive

relief resulting from or relating to the lawful design,

manufacturing, marketing, or sale of firearms or ammunition to the

public shall be reserved exclusively to the state. This paragraph

shall not prohibit a political subdivision or local government

authority from bringing an action against a firearms or ammunition

manufacturer or dealer for breach of contract or warranty as to

firearms or ammunition purchased by the political subdivision or

local government authority. This bill shall not be construed to

prohibit an individual from bringing a cause of action based upon an

existing recognized theory of law.

Added by Laws 1999, c. 415, § 7, eff. July 1, 1999.

§21-1289.24b.

Short title - Anti-Red Flag Act.

Oklahoma Statutes - Title 21. Crimes and Punishments

This act shall be known and may be cited as the "Anti-Red Flag

Act".

Added by Laws 2020, c. 63, § 1, emerg. eff. May 19, 2020.

§21-1289.24c. Preemption – Extreme risk protection orders.

A. The State Legislature hereby occupies and preempts the

entire field of legislation in this state touching in any way

extreme risk protection orders against or upon a citizen of this

state to the complete exclusion of any order, ordinance or

regulation by any municipality or other political subdivision of

this state.

B. Any agency of this state or any political subdivision in

this state shall be prohibited from accepting any grants or funding

to implement any statute, rule or executive order, judicial order or

judicial findings that would have the effect of forcing an extreme

risk protection order against or upon a citizen of this state.

C. For purposes of this section, "extreme risk protection

order" means an executive order, written order or warrant issued by

a court or signed by a magistrate or comparable officer of the

court, for which the primary purpose is to reduce the risk of

firearm-related death or injury by doing one or more of the

following:

1. Prohibiting a named individual from having under the custody

or control of the individual, owning, possessing or receiving a

firearm; or

2. Having a firearm removed or requiring the surrender of

firearms from a named individual.

Added by Laws 2020, c. 63, § 2, emerg. eff. May 19, 2020.

§21-1289.24d. Short title - Second Amendment Sanctuary State Act.

This act shall be known and may be cited as the "Second

Amendment Sanctuary State Act".

Added by Laws 2021, c. 236, § 1, emerg. eff. April 26, 2021.

§21-1289.24e. Right to keep and bear arms – Preemption by

Legislature.

A. The State Legislature hereby occupies and preempts the

entire field of legislation by any agency of this state or any

political subdivision in this state to infringe upon the rights of a

citizen of the State of Oklahoma, the unalienable right to keep and

bear arms as guaranteed to them by the Second Amendment of the

United States Constitution.

B. Any federal, state, county or municipal act, law, executive

order, administrative order, court order, rule, policy or regulation

ordering the buy-back, confiscation or surrender of firearms,

firearm accessories or ammunition from law-abiding citizens of this

state shall be considered an infringement on the rights of citizens

Oklahoma Statutes - Title 21. Crimes and Punishments

to keep and bear arms as guaranteed by the Second Amendment of the

Constitution of the United States and Article II, Section 26 of the

Constitution of Oklahoma.

C. It shall be the duty of the courts and law enforcement

agencies of this state to protect the rights of law-abiding citizens

to keep and to bear arms within the borders of this state and to

protect these rights from the infringement provided under the

provisions of this act.

D. The preemption provided in this act shall include:

1. Any regulation of arms and ammunition, pursuant to the

National Firearms Act of 1934, prohibited or regulated on or after

the effective date of this act; and

2. Any regulations or provision of the Gun Control Act of 1968,

prohibited or regulated on or after the effective date of this act.

E. For purposes of this section:

1. "Arms" is defined as any firearm, firearm part, accessory or

ammunition required to render that firearm operable and effective;

2. "Infringement" shall mean any law that reduces, represses,

diminishes or subverts the right to keep and bear arms, ammunition,

parts and accessories in any amount that is legal as of the

effective date of this act of any citizen in this state; and

3. "Law-abiding citizen" means a person who is not otherwise

precluded under state law from possessing a firearm and shall not be

construed to include anyone who is not legally present in the United

States or this state.

Added by Laws 2021, c. 236, § 2, emerg. eff. April 26, 2021.