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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2055 By: Hardin of the House
and
Bergstrom of the Senate
COMMITTEE SUBSTITUTE
An Act relating to firearm suppressors; creating the
Sportsman Hearing Protection Act; defining terms ;
providing requirements for manufacturing firearm
suppressors in Oklahoma; providing certain exemption
from federal laws and federal regulations; declaring
firearm suppressors manufactured in Oklahoma exempt
from federal regulation; requiring certain words
stamped, machined or engraved on firearm suppressors
manufactured and sold in Oklahoma; directing Atto rney
General to seek declaratory judgments under certain
circumstances; stating applicability of statute ;
prohibiting certain entities from adopting or
imposing rules, ordinances, policies or restrictions
regulating firearm suppressors that contravene stat e
law; prohibiting certain entities and employees from
enforcing or attempting to enforce certain federa l
statutes, orders, rules or regulations; prohib iting
certain entities from receiving state grant fund s
under certain circumstances; authorizing citizen s to
file complaints with the Attorney General; stating
procedures for filing complaint; authori zing Attorney
General to seek certain relief if complain t is
determined to be valid; providing for the recover y of
reasonable expenses and attorney fees; provid ing for
appellate relief; providing for noncodification;
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providing for codification; and dec laring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Sportsman
Hearing Protection Act ".
SECTION 2. 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 number ing, reads as follows:
A. As used in this act:
1. "Firearm" means a rifle, pistol, or shot gun;
2. "Firearm suppressor" means any device desi gned, made, or
adapted to muffle the report of a fire arm;
3. "Generic and insignificant part " means an item that has
manufacturing or consumer product applications other than inclusion
in a firearm suppressor. The term includes a spring, screw, nut,
and pin; and
4. "Manufacture" includes forging, casting, machining, or any
other process for working a material.
B. For the purposes of this act, a firearm suppressor is
manufactured in this state if the ite m is manufactured:
1. In this state from basic mater ials; and
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2. Without the inclusion of any part imp orted from another
state other than a generic and insignific ant part.
C. For the purposes of this act, a firearm suppressor is
manufactured in this sta te if it is manufactured as described by
subsection B of this section without regard to whether a firear m
imported into this state from another state is attached to or used
in conjunction with the suppressor.
D. A firearm suppressor that is manufactured i n this state and
remains in this state is not subject to federal law or federal
regulation, including re gistration, under the authority of the
United States Congres s to regulate interstate commerce.
E. A basic material from which a firearm suppressor is
manufactured in this state, including unmachined steel , is not a
firearm suppressor and is not subject to federal regulation under
the authority of the United States Congress to regulate interstate
commerce as if it actually were a firearm suppressor.
F. A firearm suppressor manufactured and sold in this sta te
must have the words "Made in Oklahoma" clearly stamped, machined or
engraved on the firearm suppressor.
G. On written notification to th e Office of the Attorney
General of this state by a United Stat es citizen who resides in this
state of the intent of the citizen to manufa cture a firearm
suppressor to which subsection D of this section applies, the
Attorney General shall seek a declarator y judgment from a federal
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district court in this state that sub section D of this section is
consistent with the United States Constitution .
H. The provisions of this section shall apply to:
1. The State of Oklahoma, including an agency, department,
commission, bureau, board, office, council, court, or other entity
that is in any branch of state government and that is created by the
Oklahoma Constitution or a statute of this state, including a
university system or a system of h igher education;
2. The governing body of a municipality, county, district, or
authority; and
3. An officer, employee, or other body that is part of a
municipality, county, special district or authority, including a
sheriff, municipal police department, municipal attorney or district
attorney.
I. An entity described by subsection H of this sec tion may not
adopt a rule, order, ordinance, or policy under which the enti ty
enforces or, by consistent action, allows the enforcement of, a
federal statute, order , rule, or regulation that purports to
regulate a firearm suppressor if the statute, order, rule, or
regulation imposes a prohibition, restriction, or other regulation
that does not exist under the laws of this state.
J. No entity described by subsection H of this section and no
person employed by or otherwise under the direction or control of
the entity may enforce or attempt to enforce any federal statute,
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order, rule, or regulation described by subsection I of this
section.
K. An entity described by su bsection H of this section may not
receive state grant funds if the entity adopts a rule, or der,
ordinance, or policy under which the entity enforces a federal law
described by subsection I of this section or, by consistent action,
allows the enforcement o f a federal law described by subsec tion I of
this section.
L. State grant funds for the ent ity shall be denied for the
fiscal year following the year in which a final judicial
determination in an action brought under the provisions of this act
is made that the entity has violated subsectio n I of this section.
M. Any citizen residing in the juri sdiction of an entity
described by subsection H of this section may file a complaint with
the Office of the Attorney General if the citizen offers evidence to
support an allegation that the entity ha s adopted a rule, order,
ordinance, or policy under which the entity enforces a federal law
described by subsection I of this sectio n or that the entity, by
consistent action, allows the enforcement of a federal law descr ibed
by subsection I of this sectio n. The citizen shall include with the
complaint any evidence the citizen has in support of the complaint.
N. If the Attorney Gener al determines that a complaint filed
under subsection M of this section against an entity described by
subsection H of this section is valid, the Attorney General may file
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a petition for a writ of mandamus or apply for other appropriate
equitable relief in the District Court of Oklaho ma County or in a
county in which the principal office of th e entity is located. The
Attorney General may recover reasonable expenses incurred obtainin g
relief under this subsection, including court costs, reasonable
attorney fees, investigative costs, wi tness fees, and deposition
costs.
O. An appeal of a suit br ought under subsection N of this
section shall be governed by the procedures for appeals in civil
cases under the Oklahoma Rules of Appellate Procedure. The
appellate court shall render its final order or judgment with the
least possible delay.
SECTION 3. It being immediately necessary for the preservation
of the public peace, h ealth or safety, an emergency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/15/2023 -
DO PASS, As Amended and Coauthored.