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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2041 By: Nichols
AS INTRODUCED
An Act relating to firearms; amending 21 O.S . 2021,
Section 1289.24, which relates to firearm regulations
and state preemption; allowing municipalities to
enact certain ordinances; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.24, is
amended to read as follows:
Section 1289.24
FIREARM REGULATION – STATE PREEMPTION
A. 1. The State Le gislature hereby occupies and preempts the
entire field of legislation in this state touching in any way
firearms, air powered pistols, air powe red rifles, knives,
components, ammunition and supplies to the complete exclusion of any
order, ordinance or reg ulation by any municipality or other
political subdivision of this state. Any existing or future orders,
ordinances or regulations in this fiel d, except as provided for in
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paragraph 2 of this subsection and subsection C of this section, are
null and void.
2. A municipality may adopt any ordinance:
a. relating to the discharge of firearms within the
jurisdiction of the municipality,
b. allowing the municipality to issue a traffic ci tation
for transporting a firearm improperly as provided for
in Section 1289.13A of this title, provided, however,
that penalties contained for violation of any
ordinance enacted pursuant to the provisions of this
subparagraph shall not exceed the penaltie s
established in the Oklahoma Self -Defense Act, and
c. allowing the municipality to issue a citation to an
individual or the parent or guardian of a minor who
discharges an air powered pistol or air powered rifle
in an intentional or negligent manner which causes the
projectile to leave the intended premises , and
d. relating to the type of firearms that residents within
the jurisdiction of the municipality may have in their
possession or under their immediate control.
Municipalities with a population of sixty thousand
(60,000) or more according to the latest Federal
Decennial Census shall have the authority to enact
ordinances that restricts residents of the
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municipality from owning, possessing or having in
their immediate control certain firearms and other
dangerous weapons. The municipality shall further be
authorized to issue citations for violations of the
municipal ordinance.
3. As provided in the preemption provisions of this section,
the otherwise lawful carrying or possession of a firearm under the
provisions of Chapter 53 of this t itle shall not be punishable by
any municipality or other political subdivision of this state as
disorderly conduct, disturbing the peace or similar offense against
public order.
4. A public or private school may create a policy regulating
the possession of knives on school property or in any sc hool bus or
vehicle used by the school for purposes of transportation.
B. No Except as provided in paragraph 2 of subsection A of this
section, no municipality or other political subdivision of this
state shall adopt any order, ordinance or regulation con cerning in
any way the sale, purchase, purchase delay, transfer, ownership,
use, keeping, possession, carrying, bearing, transportation,
licensing, permit, registration, taxation o ther than sales and
compensating use taxes or other controls on firearms, kn ives,
components, ammunition and supplies.
C. Except as hereinafter provided, this section shall not
prohibit any order, ordinance or regulation by any municipality
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concerning the confiscation of property used in violation of the
ordinances of the municip ality as provided for in Sect ion 28-121 of
Title 11 of the Oklahoma Statutes. Provided, however, no municipal
ordinance relating to transporting a firearm or knife improperly may
include a provision for confiscation of property.
D. When a person's rights pursuant to the protection o f the
preemption provisions of this section have been violated, the person
shall have the right to bring a civil action against the persons,
municipality, and political subdivision jointly and severally for
injunctive relief or monetary damages or both.
E. As used in this section, air powered pistol or air powered
rifle is any pistol or rifle that uses compressed air or other
compressed gas to project p lastic BB-like or pellet-like projectiles
at a speed not exceeding 400 feet per second.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6815 GRS 01/10/23