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SENATE FLOOR VERSION
April 7, 2021
AS AMENDED
ENGROSSED HOUSE
BILL NO. 2336 By: Steagall, Davis, Stark and
Conley of the House
and
Standridge and Bullard of
the Senate
[ crimes and punishments - removing ability of
Governor to restrict certain activities during state
of emergency - effective date ]
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. 2 012 (21 O.S. Supp. 2020,
Section 1321.4), is amended to read as follows:
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, 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;
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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 Molotov cocktail or any other devic e, 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 kind exc ept 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 Governo r 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 wa ys 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,
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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 viol ation 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 additi on 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 cour t 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.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON RULES
April 7, 2021 - DO PASS AS AMENDED