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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 15 By: Murdock
AS INTRODUCED
An Act relating to firearms; defining terms;
specifying the type of entities that mus t comply with
certain contract requirements; prohibiting
governmental entities from contracting with companies
unless contracts contain certain written
verification; stating specific s of written
verification; provid ing an exception for specific
governmental entities; requiring the Directo r of the
Office of Management and Enterprise Services to
provide oversight and advice to governmenta l
entities; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. 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 numb ering, reads as follows:
A. As used in this section:
1. “Ammunition” means a loaded cartridge or shot shell, case,
primer, projectile, wadding , or propellant powder;
2. “Company” means a for-profit organization, associ ation,
corporation, partnership, joint venture, limited partnership,
limited liability partner ship, or limited liability company,
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including a wholly owned subsidiary, majority -owned subsidiary,
parent company, or an affiliate of thos e entities or associati ons
that exists to make a profit. The term does not include a sole
proprietorship;
3. “Discriminate against a firearm entity or firearm trade
association” means, with respect to the entity or association, to:
a. refuse to engage in the trade of any goods or se rvices
with the entity or association based solely on its
status as a firearm entity or firearm trade
association which includes the lawful products and
services provided by and lawful practices of firearm
entities and firearm trade associations,
b. refrain from continuing an existing b usiness
relationship with the entity or association based
solely on its status as a firearm entity or firearm
trade association which includes the lawful pro ducts
and services provided by and lawful practices of
firearm entities and firearm trade associations, or
c. terminate an existing business rel ationship with the
entity or association based solely on its status as a
firearm entity or firearm trade association which
includes the lawful pro ducts and services provided by
and lawful practices of firearm entities and firearm
trade associations.
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The term does not include the policies of a vendor, merchant, retail
seller, or platform that restric t or prohibit the listing or selling
of ammunition, firearms, or firearm accessories. The term also does
not include a company ’s refusal to engage in the trade of any good s
or services, decision to refrain from continuing an existing
business relationship, or decision to terminate an existing business
relationship to comply with federal, state , or local laws, policies,
or regulations or a directive by a regulatory agency, o r for any
traditional business reason that is specific to the customer or
potential customer and not based sol ely on the status of an entit y
or association as a firearm entity or firearm trade association
which includes the lawful pro ducts and services pro vided by and
lawful practices of firearm entities and firearm trade associations;
4. “Firearm” means a weapon that expels a pr ojectile by the
action of explosive or expanding gas es;
5. “Firearm accessory” means a device specifically designed or
adapted to enable an individual to wear, carry, store, or moun t a
firearm on the indivi dual or on a conveyance and an item used in
conjunction with or mount ed on a firearm that is not essentia l to
the basic function of the firearm. The term includes a detachable
firearm magazine;
6. “Firearm entity” means:
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a. a firearm, firearm accessor y or ammunition
manufacturer, distributor, who lesaler, supplier, or
retailer, and
b. a gun range;
7. “Firearm trade associatio n” means any person, corporation,
unincorporated association, federation, business league, or business
organization that:
a. is not organized or operated for profit and for which
none of its net earning inures to the benefit of any
private shareholder or individual,
b. has two or more firearm entities as memb ers, and
c. is exempt from federal income ta xation under Section
501(a), Internal Revenue Code of 1986, as an
organization described by Section 501(c) of that code;
8. “Governmental entity” means any branch, department, agency
or instrumentality of state government, or any official o r other
person acting under color of state law, or any polit ical subdivision
of this state;
9. “Sole-source provider” means a supplier who provides goods
or services of a unique nature or goods or services that are solely
available through the supplier and the supplier is the o nly
practicable source to prov ide such goods or services; and
10. “Contract” means a promise or set of promises cons tituting
an agreement between the parties that gives each a legal duty to the
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other and also the right to seek a remedy for the breach of th ose
duties, but does not include an agreement related to investment
services.
B. The provisions of this section shall apply only to a
contract that:
1. Is between a governmental entity and a company wit h at least
ten (10) full-time employees; and
2. Has a value of at least One Hundred Thous and Dollars
($100,000.00) that is paid wholly or partly from public funds of the
governmental entity.
C. Except as provided by su bsection D of this section, a
governmental entity may not enter in a contract with a com pany for
the purchase of goods or services unless the contract contains a
written verification from the company that it:
1. Does not have a practice, p olicy, guidance, or directive
that discriminates against a firearm entity or firearm trade
association; and
2. Will not discriminate during the term of the contract
against a firearm entity or firearm trade association.
D. The provisions of subsection C of this section shall not
apply to a governmental entity that:
1. Contracts with a sole-source provider; or
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2. Does not receive a bid from a company that is able to
provide the written ver ification required by subsection C of th is
section.
E. The Central Purchasing Division of the O ffice of Management
and Enterprise Services shall have the authority and responsibility
of reviewing state gove rnmental contracts to confirm that the
requirements of subsection C of this section have been satisfied.
SECTION 2. This act shall become effective No vember 1, 2023.
59-1-603 BG 12/7/2022 8:36:40 AM