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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 842 By: Paxton
AS INTRODUCED
An Act relating to firearms; defining terms ;
providing applicability provision; prohibiting
governmental entities fr om contracting with c ompanies
without certain written verific ation; stating
specifics of written verification; providing
exceptions; authorizing the Central Purchasing
Division of the Office of Management and Enterprise
Services to review contracts; 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 section of law to be codified
in the Oklahoma Statutes as Section 85.44F of Title 74, 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, partnershi p, joint venture, limited partnership,
limited liability partnership, or limited liability company
including a wholly owned subsidiary, majority-owned subsidiary,
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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. “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 services
with the entity or association based solely on its
status as a firearm entity or firearm trade
association,
b. refrain from continuing an existing business
relationship with the entity or associa tion based
solely on its status as a firearm entity or fire arm
trade association, or
c. terminate an existing business relationship with the
entity or association based solely on its status as a
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, firearms, or firearm accessories. The term also does
not include a company’s refusal to engage in the trade of any goods
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, or for any
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traditional business reason that is specific to the customer or
potential customer and not based solely on the status of an entity
or association as a firearm entity or firearm trade association;
4. “Firearm” means a weapon that expels a projectile by the
action of explosive or expanding gases;
5. “Firearm accessory” means a device specifically designed or
adapted to enable an individual to wear, carry, store, or mount a
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;
6. “Firearm entity” means:
a. a firearm, firearm accessory, or firearm ammunition
manufacturer, distributor, wholesale r, supplier, or
retailer, and
b. a gun range;
7. “Firearm trade association ” 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 earnings inures to the benefit of any
private shareholder or ind ividual,
b. has two or more firearm entities as members , and
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c. is exempt from federal income taxation unde r Section
501(a), Internal Rev enue 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 gove rnment, or any official or other
person acting under color of state law, or any political subdivision
of this state; and
9. “Sole-source provider” means a supplier who provides goods
or services of a unique nature or goo ds or services that are solely
available through the supplier and the supplier is the only
practicable source to provide s uch goods or services.
B. The provisions of this section shall apply only to a
contract that:
1. Is between a governmental entity an d a company with at least
ten (10) full-time employees;
2. Has a value of at least One Hundred Thousand Dollars
($100,000.00) that is paid wholly or partly from public funds of the
governmental entity; and
3. Is entered into on or after the effective date of this act .
Any contract entered into before the effective date of this act is
governed by the law in effect on the d ate the contract was en tered
into and the former law is continued in effect for that purp ose.
C. Except as provided by subsection D of this section, a
governmental entity shall not enter into a contract with a company
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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 firea rm 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
2. After requesting bids, only receives bids from companies
that do not comply with the provisions of subsection C of this
section.
E. The Central Purchasing Division of the Office of Management
and Enterprise Services shall have the authority and responsibilit y
of reviewing state governmental contracts to confirm that the
requirements of subsection C of this section have been satisfied.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1520 JES 1/19/2023 9:18:32 AM