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ENGROSSED HOUSE
BILL NO. 2218 By: West (Kevin) of the House
and
Bergstrom of the Senate
An Act relating to firearms; defining terms;
specifying types of entities that must compl y with
certain contractual requirements; prohibiting
governmental entities from contracting with companies
under certain circumstances; stating specifics of
written verification; providing an exception for
specific governmental entities; requiring the
Director of the Office of Management and Enter prise
Services to provide oversight and advice to
governmental entities; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 1289.31 of Title 21, unless
there is created a duplication in numbering, 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, association,
corporation, partnership, joint venture, limited partnership,
limited liability partnership , or limited liability com pany,
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including a wholly owned subsidiar y, majority-owned subsidiary,
parent company, or an affiliate of those entities or associations
that exists to make a profit. The term does not include a sole
proprietorship;
3. "Contract" means a promise or set of promises constituting
an agreement between the parties that gives each a legal duty to the
other and also the right to see k a remedy for the breach of those
duties, but does not include an agreement relat ed to investment
services;
4. "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 a ny goods or services
with the entity or association based solely on its
status as a firearm entity or fire arm trade
association, which includes the lawful products and
services and lawful practices provided by the firearm
entity or firearm trade associatio n,
b. refrain from continuing an existing business
relationship 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 and lawful practices provided by the
firearm entity or firearm trade association , or
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c. terminate an existing business relationship with the
entity or association based solely on its status as a
firearm entity or firearm trade association, which
includes the lawful products and serv ices and lawful
practices provided by the firearm entity or firearm
trade association.
The term does not include the policies of a vendor, merchant,
retail seller, or platform that restrict or prohibit the listing or
selling of ammunition, firea rms, or firearm accessories. The term
also does not include a company 's refusal to engage in the trade of
any goods or services, deci sion 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, or
for any traditional business reason that is specific to t he customer
or potential customer and not based solely on the status of an
entity or association as a firearm entity or firearm trade
association, which includes the lawful products and serv ices and
lawful practices provided by the firearm entity or firearm trade
association;
5. "Firearm" means a weapon that expels a projectile by the
action of explosive or expanding gases;
6. "Firearm accessory" means a device specifically designed or
adapted to enable an indiv idual to wear, carry, store, or mount a
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firearm on the individual or on a conveyance and an item used in
conjunction with or mounted on a firearm that is not essential to
the basic function of the firearm. The term includes a detachable
firearm magazine;
7. "Firearm entity" means:
a. a firearm, firearm accessory or ammunition
manufacturer, distributor, wholesaler, supplier, or
retailer, and
b. a gun range;
8. "Firearm trade association " means any person, corporation,
unincorporated association, federatio n, business league, or business
organization that:
a. is not organized or operated for profit and for which
none of its net earnings inures to th e benefit of any
private shareholder or individual,
b. has two or more firearm entities as members, and
c. is exempt from federal income taxation under Sec tion
501(a), Internal Revenue Code of 1986, as an
organization described by Section 501(c) of that co de;
9. "Governmental entity" means any branch, department, agency,
or instrumentality of state government, or any official or other
person acting under co lor of state law, or any political subdivision
of this state; and
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10. "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 onl y
practicable source to provide such goods or services.
B. The provisions of this section shall appl y only to a
contract that:
1. Is between a governmental entity and a company with at least
ten (10) full-time employees; and
2. Has a value of at least O ne Hundred Thousand Dollars
($100,000.00) that is paid wholly or partly from public funds of the
governmental entity.
C. Except as provid ed by subsection D of this section, a
governmental entity may not enter into a contract with a company 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, policy, 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 thi s 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 verification required by subsection C of this
section.
E. The Central Purchasing Division of the Office of Management
and Enterprise Services shall have the authority and responsibility
of reviewing state governmental contracts to confirm that the
required documents of subsection C of this section have been
provided.
F. A government entity shall utilize its current methods of
processing and analyzing the provisions within a contractual
agreement and shall con firm that the required written verification,
provided for in subsection C of this section, has been included a nd
made a part of the contractual agreement.
G. The provisions of this section shall only apply to financial
institutions that have Fifty Billion Dollars ($50,000,000,000.00) or
more in assets.
SECTION 2. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 22nd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate