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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1100 By: Olsen
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2011,
Section 1289.24, as last amended by Section 8,
Chapter 1, O.S.L. 2019 (21 O.S. Supp. 2020, Section
1289.24), which relates to the Oklahoma Firearms Act
of 1971; clarifying preemption provision and certain
mandate; specifying circumstances that au thorize the
filing of civil actions against certain persons or
entities; providing for the awar d of reasonable
expenses under certain circumstances; providing
procedures; defining term; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Sect ion 1289.24, as
last amended by Section 8, Chapter 1, O.S.L. 2019 (21 O.S. Supp.
2020, Section 1289.24), is amended to read as follows:
Section 1289.24
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, knives, firearm and ammunition components, ammunition , and
supplies to the complete exclusion of any order, policy, ordinance,
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or regulation by any municipality , or other political subdi vision of
this state. Any existing or future orders, policies, 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 ordinan ce:
a. relating to the discharge of firearms within the
jurisdiction of the municipality, and
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, howeve r,
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.
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.
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B. No municipality or other political subdiv ision of this state
shall adopt any order, policy, ordinance, or regulation concerning
in any way the sale, purchase, purchase delay, transfer, ownership,
use, keeping, possession, carrying, bearing, transportation,
licensing, permit, registration, taxatio n other than sales and
compensating use taxes , or other controls on firearms, knives,
firearm and ammunition components, ammunition , and supplies.
C. Except as hereinafter provided, this section shall not
prohibit any order, policy, 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 transporti ng 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 pursuant to
any order, policy, ordinance or regulat ion promulgated or enforced
by any person, municipality, agency or other political subdivision
of this state, the person shall have the right to bring a civil
action against the persons, municipality, agency and political
subdivision jointly and severally for injunctive relief or monetary
damages or both.
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E. A court may require the person, municipality, agency or
political subdivision to pay reasonable expenses to the aggrieved
party in an action filed pursuant to the provisions of subsection D
of this section if:
1. The aggrieved party first provides written notice of the
unlawful order, policy, ordinance or regulation by certified first-
class mail or service of process and allows the person,
municipality, agency or political subdivision ninety (90) days to
rescind, repeal or otherwise abrogate the order, policy, ordinance
or regulation; and
2. A court grants final determination in favor of the aggrieved
party.
If the person, municipality, agency or political subdivision
fails to rescind, repeal or otherwise abrogate the unlawful order,
policy, ordinance or regulation within ninety (90) days of required
notice as provided in paragraph 1 of this subsection and the order,
policy, ordinance or regulation is subsequently rescinded, repealed
or otherwise abrogated after the aggrieved party files suit, the
aggrieved party shall retain standing in the suit and may recover
damages or reasonable expenses.
F. As used in this section, "reasonable expenses" includes, but
shall not be limited to, attorney fees, expert witness fees and
court costs.
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SECTION 2. This act shall become effective November 1, 2021.
58-1-6013 GRS 12/18/20