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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3157 By: West (Kevin)
AS INTRODUCED
An Act relating to firearms; amending 11 O.S. 2021,
Section 22-110, which relates to the power of
municipalities to regulate or prohibit certain
conduct; deleting the power of municipali ties to
regulate the carrying of firearms; amending 21 O.S.
2021, Section 1321.4, which relates to powers of the
Governor during a state of emergency; providing
exception to certain regulatory powers; prohibiting
the Governor and certain officials from auth orizing
certain conduct; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, S ection 22-110, is
amended to read as follows:
Section 22-110. A. The municipal governing body may regulate
or prohibit riots, assaults, batteries, petty larceny, disturbances
or disorderly assemblies, and immoral or indecent shows, exhibi tions
or concerts, in any street, house or place in the municipality; and
may regulate, punish, and prevent the discharge of firearms,
rockets, powder, fireworks, or other dangerously combustible
material in the streets, lots, grounds, alleys or about, or in the
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vicinity of any buildings. The governing body may also regulate the
carrying of firearms or other deadly weapons, concealed or
otherwise, as provided for in Section 1289.24 of Title 21 of the
Oklahoma Statutes.
B. No municipality shall regulate by order, resolution,
ordinance, regulation, or other legislation prohibiting the
transport of fireworks, in their unopened original packaging in a
motor vehicle within the municipal limits. No municipality shall
adopt or continue in effect resolutions, ord inances, or regulations
prohibiting the transport of fireworks in their unopened ori ginal
packaging by a motor vehicle. Local orders, resolutions,
ordinances, regulations, or legislation in violation of this section
are void and unenforceable.
SECTION 2. AMENDATORY 21 O.S. 2021, 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 c over any part or portion
of the state not affected by public disorde r, 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 decl ared by the
Governor to be a period of curfew;
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2. A designated numb er 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, t ransfer, use, possession or transportation
of a molotov cocktail or any other device, instrument or object
designed to explode or produce uncontained combustion ; provided,
however, this shall not include explosives or com bustibles that are
components of firearm ammunition;
4. The transporting, possessing or using of gasol ine, kerosene,
or combustible, flammable, or explosive li quids or materials in a
glass or uncapped container of any kind except; provided, however
this shall not apply to the use of said liquids or materials in
connection with the normal operation of motor vehicles, normal home
use or legitimate commercial use or explosives or flammable
materials that are comp onents of firearm ammunition;
5. The sale, purchase or dispensing of alcoholic be verages;
6. The sale, purchase or dispensing of other commodities o r
goods, as the Governor reason ably believes should be prohibited to
help preserve and maintain life, health, property or the public
peace;
7. The use of certain streets, highways or publ ic ways by the
public; and
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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:
1. 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 un der state law; or
2. Prohibit or restrict the business or operations of a
firearms or ammunition manufacturer, distributor, wholesaler,
supplier, retailer, or a gun range.
C. In imposing the restrictions provided for by the Oklahoma
Riot Control and Preve ntion 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 acti on at law or in equity for
redress against any person who subjects such individual or causes
such individual to be subjected to an a ction prohibited by
subsection B of this section. In addition to an y other remedy at
law or in equity, an individual aggrie ved by the seizure or
confiscation of a firearm or ammunition in violation of subsection B
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of this section may bring an action for t he return of such firearm
or ammunition in the district court of the county in which that
individual resides or in which suc h firearm or ammunition is
located. In any action or proceeding to enforce the provisions of
this section, the court shall award th e prevailing plaintiff costs
and reasonable attorney fees.
SECTION 3. This act shall become effective November 1, 2022.
58-2-8516 GRS 01/10/22