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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2647 By: Steagall
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1289.24a, which relates to the Okla homa
Firearms Act of 1971 ; expanding scope of declaration
to include firearm accessories; defining terms;
prohibiting the filing of civil actions or special
proceedings under certain circumstances; establishing
procedures for courts to follow when certain motion
is filed; providing appeal rights; providing for the
award of costs and attorney fees; authorizing the
filing of civil actions or special proce edings;
requiring specificity when fil ing claims for relief;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.24a, is
amended to read as follows:
Section 1289.24a 1. A. The State Legislature declares that the
lawful design, marketing, man ufacturing, or sale of firearms ,
firearm accessories, or ammunition to the public is not unreasonably
dangerous activity and does not constitute a nuisan ce.
2. B. As used in this section :
1. "Ammunition" means a fully assembled cartridge and all its
components including bullet, projectil e, shot, cartridge case, wad,
primer, and propellant powder designed for use in a firearm ;
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2. "Dealer" means:
a. any person engaged in the business of selling
firearms, firearm accessories , or ammunition at
wholesale or retail,
b. any person engaged in th e business of gunsmithing
including repairing firearms or making or fitting
special barrels, stocks, or trigger mechanisms to
firearms, or
c. any person who is a pawnbroker licensed by the federal
government to sell firear ms. A dealer is not a
manufacturer, importer, exporter, or trade
association;
3. "Exporter" means a person engaged in foreign commerce of
firearms, firearm accessories, or ammunition for purposes of sale or
distribution outside the United States ;
4. "Firearm" means a rifle, pistol or sh otgun;
5. "Firearm accessory" means any component part of a firearm,
any device designed and intended to enable the wearing or carrying
of a firearm on one's person, or any device designed and intended to
be inserted into or affixed onto a firearm to enab le, or improve or
enhance the functioning or capabilities of a firearm , including
without limitation firearm silencers or suppressors, and optics;
6. "Importer" means any person engaged in the business of
importing or bringing firearms, firearm accessories, or ammunition
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into the United States for purposes of sale or distribution within
the United States;
7. "Manufacturer" means a person who is engaged in the business
of manufacturing and is licensed as a manufacturer pursuant to the
provisions of Chapter 44 of Title 18 of the United States Co de, or
who manufactures firearm accessories or components of ammunition ;
8. "Person" means any individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
governmental entity or body politic or other organization; and
9. "Trade association" means a corporation, unincorporated
association, federation, business league, or professional or
business organization not organized or operated fo r profit that
meets all of the fol lowing criteria:
a. no part of its net earnings inures to the benefit of
any private shareholder or individual ,
b. it is an organization described in Section 501(c)(6)
of Title 26 of the United States Code and exempt from
tax under Section 501(a) of Title 26 of the United
States Code, and
c. two or more of its members are manufacturers ,
distributors, dealers, importers, or exporters of
firearms, firearm accessories , or ammunition.
C. The authority to bring suit and right t o recover against any
firearms or ammunition manufacturer, trade associat ion, or dealer by
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or on behalf of any governmental unit created by or pursuant to an
act of the Legislature or the Constitution, or any department,
agency, or authority thereof, for d amages, abatement, or injunctive
relief resulting from or relating to the lawful design,
manufacturing, marketing, or sale of firearms , firearm accessories ,
or ammunition to the public shall be reserved exclusively to the
state. This paragraph shall not p rohibit a political subdivision or
local government authorit y from bringing an action against a
firearms or ammunition manufacturer or dealer for breach of contract
or warranty as to firearms or ammunition purchased by the politica l
subdivision or local go vernment authority. This bill shall not be
construed to prohibit an individual from bringing a cause of action
based upon an existing recognized theory of law.
D. A person may not bring , file, or maintain any civil action
or special proceeding against a firearm, firearm accessory, or
ammunition manufacturer, distributor, dealer, importer, exporter, or
trade association, or the owners, shareholders, directors, and
employees of any such entity, for any of the following:
1. Recovery of damages, punitive damages, restitution, fines,
penalties, injunctive or declaratory relief or other remedy relating
to the design, manufacture, distribution, advertising, marketing, or
sale of a firearm, firearm accessory, or ammunition ;
2. Recovery of damages, punitive damages, restitution, fines,
penalties, injunctive or declaratory relief or other remedy
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resulting from the criminal or unlawful use of a firearm, firearm
accessory, or ammunition by a third party; or
3. Recovery of damages, punitive damages, restitution, fine s,
penalties, injunctive or declaratory relief or other remedy based on
any legal theory that the marketing or advertising of a firearm,
firearm accessories, or ammunition was the cause of any personal
injury, death, or property damage or caused or contributed to the
creation or maintaining of a public nuisance .
E. 1. If a defendant files a motion asserting that a plaintiff
has filed a civil action or special proceeding prohibited under this
section, the court shall stay all proceedings including discovery
and decide the motion based on the pleadings. If the court
determines the plaintiff has filed a civil action or special
proceeding asserting a ny cause of action or claim prohibited under
this section, then such finding shall constitute conclusive eviden ce
that the civil action or specia l proceeding is prohibited by law and
the court shall immediately dismiss the civil action or special
proceeding or dismiss with prejudi ce all prohibited causes of action
and claims set forth in the complaint . An order denying such
motion, in whole or in part, may be appealed.
2. If a civil action or special proceeding, or any cause of
action or claim is dismissed pursuant to th e provisions of this
subsection, the court shall award to the defendant costs and
reasonable attorney fees incurred in defending against the civil
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action or special proceeding or any dismissed cause of action or
claim. In cases that were pending on the date of the enactment of
the provisions of this section, the court shall only award attorney
fees as of the date the defendant notifies the plaintiff in wri ting
that this section has gone into effect a nd requests that the
plaintiff voluntarily dismiss the civil action or special
proceeding, or all prohibited causes of action or claims.
F. Nothing in this section prohibits a person fr om filing,
bringing, or maintaining a civil action or special proceeding
against a firearm, firearm accessory, or ammunition manufacturer,
distributor, dealer, importer, exporter, or trade association for
any of the following:
1. Breach of contract or war ranty concerning firearms , firearm
accessories, or ammunitio n purchased by a person ;
2. Death, physical injuries, or property damage resulting
directly from a defect in design or manufacture of the product when
the product is used as designed and intended or in a reasonably
foreseeable manner; except that, where the discharge of the firearm
or ammunition was caused by a volitional act that constituted a n
unlawful or criminal offense, regardless of whether the person
discharging the firearm or ammunition was criminally charged ,
prosecuted or convicted or charged as a juvenile, then such
volitional act shall be considered the sole proximate cause of any
resulting death, personal injuries, or property damage ;
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3. Death or physical injuries resulting directly from the sale
of a firearm, firearm accessory, or ammunition in violation of a
federal or state law or regulation specifically and exclusively
regulating the sale of firearms, firearm accessories , or ammunition;
or
4. A civil action or special proceeding a gainst a dealer for
death or physical injuries resulting directly from the negligent
entrustment by the dealer of a firearm or ammunition for use by
another person when the dealer knows, or reasonably should know, th e
person to whom the firearm or ammunition is supplied is likel y to,
and does in fact, use the product in a manner involving unreasonable
risk of physical injury to others.
G. In any civil action or special proceeding not barred by the
provisions of this section, all claims for relief contained in the
complaint must be plead with specificity.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON STATE POWERS, dated 03/01/2023 -
DO PASS.