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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3144 By: West (Kevin)
COMMITTEE SUBSTITUTE
An Act relating to firearms; defining terms;
specifying the type of entities that must comply with
certain contract requirements; prohibiting
governmental entities from contracting with companies
unless contracts contain certain written
verification; stating specifics of written
verification; providing an exception for specific
governmental entities; requiring the Director of the
Office of Management and Enterprise Services to
provide oversight and advice to governmental
entities; providing for codification; an d providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1289.31 of Title 21, unless
there is created a duplication in num bering, reads as follows:
A. As used in this section:
1. "Ammunition" means a loaded cartridge or shot shell, case,
primer, projectile, or propellant powder ;
2. "Company" means a for-profit organization, association,
corporation, partnership, joint vent ure, limited partnership,
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limited liability partnershi p, or limited liability company,
including a wholly owned subsidiary, majority -owned subsidiary,
parent company, or an affiliate of those entities or associations
that exists to make a profit. The term does not include a sole
proprietorship;
3. "Discriminate against a firearm entity or firearm trade
association" means, with respect to the entity or association, to:
a. refuse to engage in the trade of any goods or services
with the entity or association based solely on its
status as a firearm entity or fir earm trade
association,
b. refrain from continuing an existing business
relationship with the entity or association based
solely on its status as a firearm entity or firearm
trade association, or
c. terminate an existing business relationship with the
entity or association based solely on its status as a
firearm entity or firearm trade association .
The term does not include the established policies of a
merchant, retail seller, or platfo rm that restrict or prohibit the
listing or selling of ammunition, fire arms, or firearm accessories.
The term also does not include a company's refusal to engage in the
trade of any goods or services, decision to refrain from continuing
an existing business relationship, or decision to terminate an
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existing business relation ship to comply with federal, state, or
local laws, policies, or regulations or a directive by a regulatory
agency, or for any traditional business reason that is specific to
the customer or potential cu stomer and not based solely on the
status of an entity or association as a firearm entity or firearm
trade association;
4. "Firearm" means a weapon that expels a projectile by the
action of explosive or expanding gases;
5. "Firearm accessory" means a device specifically designed or
adapted to enable an indi vidual to wear, carry, store, or mount a
firearm on the individual or on a conveyance and an item used in
conjunction with or mounted on a firearm that is not essential to
the basic function of the fire arm. The term includes a detachable
firearm magazine;
6. "Firearm entity" means:
a. a firearm, firearm accessory or ammunition
manufacturer, distributor, wholesaler, supplier, or
retailer, and
b. a gun range;
7. "Firearm trade association " means any person, corporation,
unincorporated association, federati on, business league, or business
organization that:
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a. is not organized or operated for profit and for which
none of its net earnings inures to the benefit of any
private shareholder or individual ,
b. has two or more firearm entities as members , and
c. is exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as an
organization described by Section 501(c) of that code ;
8. "Governmental entity" means any branch, department, agency,
or instrumentality of state government, o r any official or other
person acting under color of state law, or any political subdivision
of this state; and
9. "Sole-source provider" means a provider that alone fulfills
the needs of a governmental entity for a particular product, part ,
or service.
B. The provisions of this section shall apply only to a
contract that:
1. Is between a governmental entity and a company with at least
ten (10) full-time employees; and
2. Has a value of at least One Hundred Thousand Dollars
($100,000.00) that is paid wholly or partly from public funds of the
governmental entity.
C. Except as provided by subsection D of this section, a
governmental entity may not enter into a contract with a company for
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the purchase of goods or services unless the contract contains a
written verification from the company that it:
1. Does not have a practice, policy, guidance, or directive
that discriminates against a firearm entity or firearm trade
association; and
2. Will not discriminate during the term of the contract
against a firearm entity or firearm trade association.
D. The provisions of subsection C of this section shall not
apply to a governmental entity that:
1. Contracts with a sole -source provider; or
2. Does not receive a bid from a company that is able to
provide the written verification required by subsection C of this
section.
E. The Director of the Office of Management and Enterprise
Services shall provide oversight of and advice to governmental
entities that may be subject to the provisions of this act.
SECTION 2. This act shall become effec tive November 1, 2022.
58-2-10829 GRS 03/01/22