Req. No. 952 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 860 By: Dahm
AS INTRODUCED
An Act relating to militia; creating the Oklahoma
State Guard and Militia Revitalization Act of 2023;
providing short title; amending 44 O.S. 2021, Section
41, which relates to composition of militia;
modifying requirements for participation in certa in
militia; establishing certain units with in the
Oklahoma State Guard; requiring immediate re sponse of
certain membership; authorizing requirement for use
of privately owned firearms for certain service;
establishing requirements for certain firearm;
requiring the Adjutant General to promulgate use of
firearm standard for emergency situations;
establishing certain responsibilities for coun ty
units; providing for funding of county units;
requiring development of certain coordination plan;
requiring adherence to certain standards; requiring
certain notice to registered voters; construing
provisions; amending 44 O.S. 2021, Sections 242 and
243, which relate to the Oklahoma State Guard A ct;
modifying requirement for certain service; requiring
Governor to make certain appointment; requiring
solicitation of nomine es for certain positions;
establishing requirements and responsibilities for
certain positions; setting deadline for initiation of
administration of certain units; setting deadline for
provision of certain information; directing the
Adjutant General to au thorize certain training;
updating statutory language; providing for
noncodification; and providing an effective da te.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Req. No. 952 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Oklahoma State
Guard and Militia Revitalization Act of 202 3”.
SECTION 2. AMENDATORY 44 O.S. 2021, Section 41, is
amended to read as follows:
Section 41. A. The Militia of the State of Oklahoma shall
consist of all able-bodied citizens of the United States and all
other able-bodied persons who are sound of mind, who shall be or
shall have declared their intentions to become citizens of the
United States, who shall be more than seventeen (17) are at least
sixteen (16) years of age and not more than seventy (70) years of
age, and said the militia shall be divided into three (3) classes:
The National Guard, the Oklahoma State Guard, and th e Unorganized
Militia; provided, that persons in the Unorganized Militia ov er the
age of seventy (70) years and under the age of seventeen (17) years
shall be exempt from mandatory service .
B. A unit of the Oklahoma State Guard (OSG) shall be
established in each county of this state that shall operate under
and report to a designee a t the Military Department of the State of
Oklahoma. Members of each county unit of the Oklahoma State Guard
and of the Unorganized Militia shall be able to immediately respond ,
if called into service, fully equ ipped for infantry or other service
within this state.
Req. No. 952 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. Privately owned semia utomatic firearms may be required for
service for the Oklahoma State Guard or the Unorganized Militia if
such firearms are ordered or mustere d for service. Any such firearm
shall be similar to firearms issued by the mil itary forces of the
United States, the National Guard, or the military or police forces
of this state, pursuant to regulation developed by the Military
Department of the State o f Oklahoma. Such firearms shall:
1. Be capable of accepti ng a standard capaci ty magazine of
greater than ten round s; and
2. Contain ergonomic features including, but not limited to,
any or all of the following:
a. a pistol grip below the action ,
b. an adjustable buttstock,
c. a threaded barrel capable of accept ing a muzzle device
designed to reduce or eliminate harmf ul noise or flash
signature,
d. a lug capable of accepting a bayonet or other
accessories, or
e. a protective shroud or handguard partially or fully
encircling the barrel to p revent barrel heat injury to
the user.
D. Notwithstanding the requirements set forth in subsection C
of this section, the Adjutant General (TAG) shall promulgate an
additional standard for emergency situations that sha ll authorize
Req. No. 952 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the use of any safe and operable semiautomatic or other rifle,
pistol, or shotgun that is in common use by military or police
forces.
E. Under orders promulgated by the Gover nor and the Adjutant
General (TAG), each county unit of the Oklahoma S tate Guard shall
ensure the voluntary equipping, training, and readiness to the
extent permitted by local county volu nteer staffing and interest,
and for the training and readiness of volunteers drawn from the
Unorganized Militia of th is state.
F. This state shall fund the county OSG unit when activated for
state active duty, as defined in Section 801 of this title, by order
of the Governor, or when called to mandatory training. Counties and
citizen groups may voluntarily fund personnel, traini ng, equipment,
vehicles, and logistics for their respective county OSG units in
coordination with the Military Departme nt of the State of Oklahoma,
but such OSG units shall remain under the command of the Department
when ordered to service, and any such us e of voluntary funding shall
be consistent with orders and regulations of the Governor pursuant
to Section 243 of this title.
G. The Military Department of the State of Oklahoma shall
develop a plan of coordination with county sheriffs and the county’s
respective OSG unit for emergency man agement.
H. County OSG units shall adhere to the u niform and grooming
standards set forth in AR -670-1.
Req. No. 952 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
I. Beginning December 1, 2023, the registrar of each county
shall provide every registered voter with notice of the opportunity
for service in and cont act information for the county OSG unit, and
thereafter, upon first-time voter registration.
J. Nothing in this section shall be construed to require or
permit any scheme of licensing, registration , or list of specific
firearms.
SECTION 3. AMENDATORY 44 O.S. 2021, Section 242, is
amended to read as follows:
Section 242. Such military forces shall be designated as the
“Oklahoma State Guard” and shall be composed of officer s
commissioned or assigned, and such able-bodied male citizens of the
state as shall volunteer for service therein . They shall be
additional to and distinct from the Oklahoma National Guard of the
State of Oklahoma, as defined in Title 32 of the United States Code.
They shall not be required to serve outside the boundaries of the
State of Oklahoma this state.
SECTION 4. AMENDATORY 44 O.S. 2021, Section 243, is
amended to read as fo llows:
Section 243. A. The Governor is hereby authorized to shall
prescribe rules and regulations governing t he enlistment,
organization, administration, equip ment, discipline and discharge of
the personnel of such military forces; to requisition from the
Secretary of Defense such arms and equipment as may be in the
Req. No. 952 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
possession of and can be spared by the Departme nt of Defense and to
extend thereto the facilities of state armories, Armed Forces
Reserve Centers, readiness centers, logistics, aviation, and
training facilities, warehouses and their equipment and such other
state premises and p roperty as may be availab le for the purpose of
drill and instruction. Insofar as applicable the procedure for the
enlistment, organization, pay, maintenance, equipment and
disciplining of such forces shall be in conformity with the law and
the rules and regulations governing and p ertaining to the National
Guard; provided, that t he officers and enlisted personnel in the
Oklahoma State Guard shall not receive any compensation or monetary
allowances from the state except when activated for state active
duty, as defined in Section 801 of this title, by order of the
Governor.
B. 1. The Governor shall appoint a Commandant of the O klahoma
State Guard and Unorganized Militia (OSGUM Commandant or
“Commandant”) to serve within the Military Department of the State
of Oklahoma and to report to the Adjutant General (TAG).
2. Each board of county commissioners shall solicit nominees
with prior honorable service in the Armed Forces of the United
States or National Guard and who reside within the county, to serve
as the interim County Unit Liaison of the Oklahoma State Guard and
Unorganized Militia. Any person desiring to serve shall provide to
the Board for the county of desired service his or her form DD-214
Req. No. 952 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or form NGB-22 and most recent evaluation report prior to the
expiration of his or her term of s ervice. The County Unit Liaison
will report to the OSGUM Commandant and to TAG, and such
intermediary officers as TAG shall appoint, for ensuring the
readiness of the OSG county unit and training opportunities for the
Unorganized Militia within the county.
3. No later than November 30, 2023, the board of county
commissioners shall appoint an interim County Unit Liaison to
initiate the administration of the County Unit of the Oklahoma State
Guard and Unorganized Militia.
4. No later than January 30, 2024, and by March 1 of every year
thereafter, the Oklahoma National Guard shall provide to County Unit
Liaisons a list of persons retired or honorably discharged from the
service of the United States or from the National Guar d within the
last forty-eight (48) months, who reside within the county.
5. TAG shall authorize at least four voluntary Multiple Unit
Training Assemblies (MUTA) of Inactive Duty for Training (IDT ) per
month and fifteen (15) days of annual training.
C. Members of the Oklahoma State Guard s hall be considered part
of state military forces as defined in Section 801 of this title and
shall be subject to the Oklahoma Uniform Code of Mili tary Justice.
C. D. When prescribing the rules and regulations governing
enlistment, organization, administra tion, equipment, discipline and
discharge of the personnel of the Oklahoma State Gu ard, the Governor
Req. No. 952 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
shall issue such rules and regulations in the form of an executive
order or in a series of such orders. An executive order or a series
of such orders prescribing the rules and regulations gov erning
enlistment, organization, administratio n, equipment, discipline and
discharge of the personnel of the Oklahom a State Guard shall also be
published by the Adjutant General as a mi litary publication.
SECTION 5. This act shall become e ffective November 1, 2023.
59-1-952 KR 1/19/2023 9:56:16 AM