Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB2825 Introduced / Bill

Filed 01/16/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
HOUSE BILL 2825 	By: Steagall 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to firearm suppressors; creating the 
Firearms Manufacturing Act of 2025; defining terms; 
providing requirements for man ufacturing firearms, 
firearm parts and firearm suppressors in Oklahoma; 
providing certain exemption from federal laws and 
federal regulations; declaring firearms, firearm 
parts and firearm suppressors manufactured in 
Oklahoma exempt from federal regulation ; requiring 
certain stamp on firearms, firearm parts and firearm 
suppressors manufactured and sold in Oklahoma; 
directing Attorney General to seek declaratory 
judgments under certain circumstances; stating 
applicability of statute; prohibiting certain 
entities from adopting or imposing rules, ordinances, 
policies or restrictions regulating firearms, firearm 
parts and firearm suppressors that contravene state 
law; prohibiting certain entities and employees from 
enforcing or attempting to enforce certain fede ral 
statutes, orders, rules or regulations; prohibiting 
certain entities from receiving state grant funds 
under certain circumstances; authorizing citizens to 
file complaints with the Attorney General; stating 
procedures for filing complaint; authorizing A ttorney 
General to seek certain relief if complaint is 
determined to be valid; providing for the recovery of 
reasonable expenses and attorney fees; providing for 
appellate relief; providing for noncodification; 
providing for codification; and declaring an 
emergency. 
 
 
 
 
 
   
 
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
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 "Firearms 
Manufacturing Act of 2025 ". 
SECTION 2.     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 numbering, reads as follows: 
A.  As used in this act: 
1.  "Firearm" means a rifle, pistol, or shotgun; 
2.  "Firearm suppressor" means any device designed, made, or 
adapted to muffle the report of a firearm; 
3.  "Generic and insignificant part " means an item that has 
manufacturing or consumer product applications other than inclusion 
in a firearm suppressor.  The term includes a spring, screw, nut, 
and pin; and 
4.  "Manufacture" includes forging, casting, machining, or any 
other process for working a material. 
B.  For the purposes of this act, a firear m, firearm part, or 
firearm suppressor is manufactured in this state if the it em is 
manufactured: 
1.  In this state from basic materials; and 
2.  Without the inclusion of any part imported from another 
state other than a generic and insignificant part.   
 
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C.  For the purposes of this act, a firearm, firearm part, or 
firearm suppressor is manufactured in this state if it is 
manufactured as described by subsection B of this section without 
regard to whether a firearm imported into this state from another 
state is attached to or used in conjunction with the firearm part or 
firearm suppressor. 
D.  A firearm, firearm part, or firearm suppressor that is 
manufactured in this state and remains in this state is not subject 
to federal law or federal regulation, including registration, under 
the authority of the United States Congress to regulate interstate 
commerce. 
E.  A basic material from which a firearm, firearm part, or 
firearm suppressor is manufactured in this state, including 
unmachined steel, is not a firearm, fi rearm part, or firearm 
suppressor and is not subject to federal regulation und er the 
authority of the United States Congress to regulate interstate 
commerce as if it actually were a firearm, firearm part or firearm 
suppressor. 
F.  A firearm, firearm part, or firearm suppressor manufactured 
and sold in this state must have the words "Made in Oklahoma" 
clearly stamped on the firearm, firearm part, or firearm suppressor. 
G.  On written notification to the Office of the Attorney 
General of this state by a Unite d States citizen who resides in this 
state of the intent of the citizen to man ufacture a firearm, firearm   
 
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part, or firearm suppressor to which subsection D of this section 
applies, the Attorney General shall seek a declaratory judgment from 
a federal district court in this state that subsection D of this 
section is consistent with the United States Constitution. 
H.  The provisions of this section shall apply to: 
1.  The State of Oklahoma, including an agency, department, 
commission, bureau, board, office, c ouncil, court, or other entity 
that is in any branch of state government and t hat is created by the 
Oklahoma Constitution or a statute of this state, including a 
university system or a system of higher education; 
2.  The governing body of a municipality, c ounty, district, or 
authority; and 
3.  An officer, employee, or other body that is part of a 
municipality, county, special district, or authority, including a 
sheriff, municipal police department, municipal attorney, or 
district attorney. 
I.  An entity described by subsection H of this section may not 
adopt a rule, order, ordinance, or policy under which the entity 
enforces or, by consistent action, allows the enforcement of a 
federal statute, order, rule, or regulation that purports to 
regulate a firearm, firearm part or firearm suppressor if the 
statute, order, rule, or regulation imposes a prohibition, 
restriction, or other regulation that does not exist under the laws 
of this state.   
 
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J.  No entity described by subsection H of this section and no 
person employed by or otherwise under the direction or control of 
the entity may enforc e or attempt to enforce any federal statute, 
order, rule, or regulation described by subsection I of this 
section. 
K.  An entity described by subsection H of this section may not 
receive state grant funds if the entity adopts a rule, order, 
ordinance, or policy under which the entity enforces a federal law 
described by subsection I of this section or, by consistent action, 
allows the enforcement of a federal law described by subse ction I of 
this section. 
L.  State grant funds for the entity shall be denied for the 
fiscal year following the year in which a final judicial 
determination in an action brought under the provisions of this act 
is made that the entity has violated subsecti on I of this section. 
M.  Any citizen residing in the jurisdiction of an entity 
described by subsection H of this section may file a complaint with 
the Office of the Attorney General if the citizen offers evidence to 
support an allegation that the entity h as adopted a rule, order, 
ordinance, or policy under which the entity enforces a federal law 
described by subsection I of this section or that the entity, by 
consistent action, allows the enforcement of a federal law described 
by subsection I of this secti on.  The citizen shall include with the 
complaint any evidence the citizen has in support of the complaint.   
 
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N.  If the Attorney General determines that a complaint filed 
under subsection M of this section against an entity described by 
subsection H of this section is valid, the Attorney General may file 
a petition for a writ of mand amus or apply for other appropriate 
equitable relief in the district court of Oklahoma County or in a 
county in which the principal office of the entity is located.  The 
Attorney General may recover reasonable expenses incurred obtaining 
relief under this subsection, including court costs, reasonable 
attorney fees, investigative costs, witness fees, and deposition 
costs. 
O.  An appeal of a suit brought under subsection N of this 
section shall be governed by the procedures for appeals in civil 
cases under the Oklahoma Rules of Appellate Procedure.  The 
appellate court shall render its final order or judgment with the 
least possible delay. 
SECTION 3.  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 act shall take effect and 
be in full force from and after its passage and approval. 
 
60-1-10804 GRS 01/04/25