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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. 2063 By: Hardin
COMMITTEE SUBSTITUTE
An Act relating to firearms; amending 21 O.S. 2021,
Section 1289.24e, which relates to the Second
Amendment Sanctuary State Act; prohibiting the
enforcement of a federal ban or regulation on
firearms, firearm accessories, or ammunition;
providing construing provision; prohibiting the state
and political subdivisio ns from reducing or
eliminating funds or budgets of county sheriff's
offices or municipal police departments under certain
circumstances; prohibiting the termination or
retaliation against peace officers for refusing to
obey or enforce certain orders; adding definitions;
and declaring an emergency.
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 A. The State Legislature hereby occupies and
preempts the entire field of legislation by any agency of this state
or any political subdivision in this state to infring e upon the
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rights of a citizen of the State of Oklahoma, the unalienable right
to keep and bear arms as guaranteed to them by the Second Amendment
of the United States Consti tution.
B. Any federal, state, county or municipal act, law , executive
order, administrative order, court order, rule, policy or regulation
ordering the buy-back, confiscation or surrender of firearms,
firearm accessories or ammunition from law-abiding citizens of this
state shall be considered an infringement on the rights of citizens
to keep and bear arms as guaranteed by the Second Amendment of the
Constitution of the Un ited States and Article II, Section 26 of the
Constitution of Oklahoma.
C. 1. A peace officer, state employee, or employee of a
political subdivision is prohibited from enforcing, assisting in the
enforcement of, or otherwise cooperating in the enforceme nt of a
federal ban on firearms, firearm accessories, or ammunition and is
also prohibited from participating in any federal enforcement action
implementing a federal ban on firearms, firearm accessories , or
ammunition.
2. An employee of the state or a po litical subdivision may not
expend public funds or allocate public resources for the enforcement
of a federal ban on firearms, firearm acc essories, or ammunition.
3. Nothing in this subsection may be construed to prohibit or
otherwise limit a peace officer, state employee, or employee of a
political subdivision from cooperating, comm unicating, or
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collaborating with a federal, state, county, or municipal agency if
the primary purpose is not:
a. law enforcement activity related to a federal, state,
county, or municipal ban on firearms, firearm
accessories, or ammunition, or
b. the investigation of a violation of a fed eral, state,
county, or municipal ban on firearms, firearm
accessories, or ammunition.
4. The State of Oklahoma and any political subdivision o f this
state shall not reduce or eliminate any funding or budget from a
county sheriff's office or municipal police department for:
a. refusing to obey or enforce any order which violates
the Second Amendment of the Constitution of the United
States, Section 26 of Article II of the Constitution
of Oklahoma or the peace officer oath of a peace
officer, or
b. declaring any political subdivision of this sta te as a
Second Amendment sanctuary.
5. The State of Oklahoma and any political subdivision of this
state shall be prohibited from terminating or retaliating against
any peace officer who r efuses to obey or enforce an y order which
violates the Second Amend ment of the Constitution of the United
States, Section 26 of Article II of the Constitution of Oklahoma o r
the peace officer oath of the peace officer.
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D. It shall be the duty of the court s and law enforcement
agencies of this state to protect the rights of la w-abiding citizens
to keep and to bear arm s within the borders of this state and to
protect these rights from the infringement provided under the
provisions of this act.
D. E. The preemption provided in this 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; and
2. Any regulations or provision of the Gun Contro l Act of 1968,
prohibited or regulated on or after the effective date of th is act.
E. F. For purposes of this section:
1. "Arms" is defined as means any firearm, firearm part,
accessory or ammunition required to render that firearm operable and
effective;
2. "Federal ban" means a federal law, executive order, rule or
regulation that is enacted, adopted , or becomes effective on or
after November 1, 2023, or a new and more restrictive interpretation
of a law that existed on November 1, 2023, that infringes upon,
calls in question or prohibits, restricts, or requires individual
licensure for or registration of the purchase, ownership,
possession, transfer, or use of any firearm, any magazine or other
ammunition feeding device, or other firearm accessory ;
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3. "Infringement" shall mean means any law that reduces,
represses, diminishes or subve rts the right to keep an d bear arms,
ammunition, parts and accessories in any amount th at is legal as of
the effective date of this act of any citizen in this state; and
3. 4. "Law-abiding citizen" means a person who is not otherwise
precluded under state la w from possessing a f irearm and shall not be
construed to include anyone who is not legally present in the United
States or this state;
5. "Peace officer" has the same meaning as provided for in
Section 99 of this title, except that subsection C of this section
shall not apply to federal employees; and
6. "Political subdivision" means a city, town, county, or any
other political subdivision of this state.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this a ct shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON STATE POWERS, dated 02/27/2023 -
DO PASS, As Amended.