Oklahoma § 21-1321.4 - Acts which may be proclaimed prohibited - Actions at

§ 21-1321.4. Acts which may be proclaimed prohibited - Actions at

law or in equity.

A. The Governor during the existence of a state of emergency,

by proclamation, may, in the area described by the proclamation,

which proclamation shall not cover any part or portion of the state

not affected by public disorder, disaster, or riot at the time the

proclamation is issued, prohibit:

1. Any person being on the public streets, or in the public

parks or at any other public place during the hours declared by the

Governor to be a period of curfew;

2. A designated number of persons, as designated by the

Governor, from assembling or gathering on the public streets, parks,

or other open areas of this state, either public or private;

3. The manufacture, transfer, use, possession or transportation

of a molotov cocktail or any other device, instrument or object

designed to explode or produce uncontained combustion;

4. The transporting, possessing or using of gasoline, kerosene,

or combustible, flammable, or explosive liquids or materials in a

glass or uncapped container of any kind except in connection with

the normal operation of motor vehicles, normal home use or

legitimate commercial use;

Oklahoma Statutes - Title 21. Crimes and Punishments

5. The sale, purchase or dispensing of alcoholic beverages;

6. The sale, purchase or dispensing of other commodities or

goods, as the Governor reasonably believes should be prohibited to

help preserve and maintain life, health, property or the public

peace;

7. The use of certain streets, highways or public ways by the

public; and

8. Such other activities as the Governor reasonably believes

should be prohibited to help preserve and maintain life, health,

property or the public peace.

B. Notwithstanding this section or any other law of this state,

neither the Governor nor any official of a municipal or state entity

shall prohibit or suspend the sale, ownership, possession,

transportation, carrying, transfer and storage of firearms,

ammunition and ammunition accessories during a declared state of

emergency, that are otherwise legal under state law.

C. In imposing the restrictions provided for by the Oklahoma

Riot Control and Prevention Act, the Governor may impose them for

such times, upon such conditions, with such exceptions and in such

areas of this state the Governor from time to time deems necessary.

D. Any individual aggrieved by a violation of subsection B of

this section may seek relief in an action at law or in equity for

redress against any person who subjects such individual or causes

such individual to be subjected to an action prohibited by

subsection B of this section. In addition to any other remedy at

law or in equity, an individual aggrieved by the seizure or

confiscation of a firearm or ammunition in violation of subsection B

of this section may bring an action for the return of such firearm

or ammunition in the district court of the county in which that

individual resides or in which such firearm or ammunition is

located. In any action or proceeding to enforce the provisions of

this section, the court shall award the prevailing plaintiff costs

and reasonable attorney fees.

Added by Laws 1968, c. 125, § 4, emerg. eff. April 4, 1968. Amended

by Laws 2006, c. 70, § 1, emerg. eff. April 20, 2006; Laws 2012, c.

271, § 1, eff. Nov. 1, 2012.