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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2336 By: Steagall and Davis
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2011, Section 1321.4, as amended by Section
1, Chapter 271, O.S.L. 2012 (21 O.S. Supp. 2020,
Section 1321.4), which relates to the Oklahoma Riot
Control and Prevention Act; removing ability of
Governor to restrict certain activities during state
of emergency; and providing an effective d ate.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1321.4, as
amended by Section 1, Chapter 271, O.S.L. 2012 (21 O.S. Supp. 2020,
Section 1321.4), is amended to read as foll ows:
Section 1321.4 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, disast er, or riot at
the time the proclamation is issued, prohibit:
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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 per sons, 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. 3. The transporting, possessing or using of gasoline,
kerosene, or combustible, flammable, or explosive liquids or
materials in a glass or uncapped container of any ki nd except in
connection with the normal operation of motor vehicles, normal home
use or legitimate commercial use; and
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. 4. The use of certain streets, highways or public ways by
the public; and
8. Such other activities as the Governor reasonably be lieves
should be prohibited to help preserve and maintain life, health,
property or the public peace .
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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 su spend 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 provid ed 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 distric t 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 f ees.
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SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 02/10/2021 -
DO PASS, As Coauthored.