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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1002 By: Olsen
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1289.24e, which re lates to the Second
Amendment Sanctuary State Act; allowing ce rtain
detention or arrest; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.24e, is
amended to read as follows:
Section 1289.24e
SECOND AMENDMENT SANCTUARY STATE ACT
A. The State Legislature hereby occupies and preemp ts the
entire field of legislation by any agency of this state or any
political subdivision in this state to infringe upon the righ ts of a
citizen of the State of Oklahom a, the unalienable right to keep and
bear arms as guaranteed to them by the Second Ame ndment of the
United States Constitution.
B. Any federal, state, county or municipal act, law, executive
order, administrative ord er, court order, rule, policy or regula tion
ordering the buy-back, confiscation or surrender of firearms,
firearm accessories or ammunition from law-abiding citizens of this
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state shall be considered an infringement on the rights of citizens
to keep and bear arms as guaranteed by the Second Ame ndment of the
United States Constitution of the United States and Section 26 of
Article II, Section 26 of the Constitution of Oklahoma Constitution.
C. It shall be the duty of the courts and law enforcement
agencies of this state to protect the rights of law-abiding citizens
to keep and to bear arms within t he borders of this state and to
protect these rights from the infringemen t provided under the
provisions of this act the Second Amendment Sanctuary State Act.
Pursuant to the provisions of this section, a county sheriff shall
have the authority to detain or arrest any federal employee
operating within the county of the jurisdiction of the sheriff while
enforcing any federal act, law, executive order, ad ministrative
order, court order, rule, policy, or r egulation in violation of
subsection B of this section.
D. The preemption provided in this act the Second Amendment
Sanctuary State Act shall include:
1. Any regulation of arms and ammunition, pursuant to the
National Firearms Act of 1934, prohibited or regulated on or after
the effective date of this act April 26, 2021; and
2. Any regulations regulation or provision of the Gun Control
Act of 1968, prohibited or regulated on or after the effective date
of this act April 26, 2021.
E. For purposes of this section:
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1. "Arms" is defined as shall mean any firearm, firearm part,
accessory or ammunition required to render that firearm operable and
effective;
2. "Infringement" shall mean any law that reduces, represses,
diminishes or subverts the right to keep and bear arms, ammunition,
parts and accessories in any amount that is legal as of the
effective date of this act April 26, 2021, of any citizen in this
state; and
3. "Law-abiding citizen" means shall mean a person who is not
otherwise precluded under st ate law from possessing a firearm and
shall not be constru ed to include anyone who is not legally present
in the United States or this state.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5009 GRS 07/27/22