Oklahoma 2025 Regular Session

Oklahoma House Bill HB2825 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 2825 By: Steagall
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3838 AS INTRODUCED
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4040 An Act relating to firearm suppressors; creating the
4141 Firearms Manufacturing Act of 2025; defining terms;
4242 providing requirements for man ufacturing firearms,
4343 firearm parts and firearm suppressors in Oklahoma;
4444 providing certain exemption from federal laws and
4545 federal regulations; declaring firearms, firearm
4646 parts and firearm suppressors manufactured in
4747 Oklahoma exempt from federal regulation ; requiring
4848 certain stamp on firearms, firearm parts and firearm
4949 suppressors manufactured and sold in Oklahoma;
5050 directing Attorney General to seek declaratory
5151 judgments under certain circumstances; stating
5252 applicability of statute; prohibiting certain
5353 entities from adopting or imposing rules, ordinances,
5454 policies or restrictions regulating firearms, firearm
5555 parts and firearm suppressors that contravene state
5656 law; prohibiting certain entities and employees from
5757 enforcing or attempting to enforce certain fede ral
5858 statutes, orders, rules or regulations; prohibiting
5959 certain entities from receiving state grant funds
6060 under certain circumstances; authorizing citizens to
6161 file complaints with the Attorney General; stating
6262 procedures for filing complaint; authorizing A ttorney
6363 General to seek certain relief if complaint is
6464 determined to be valid; providing for the recovery of
6565 reasonable expenses and attorney fees; providing for
6666 appellate relief; providing for noncodification;
6767 providing for codification; and declaring an
6868 emergency.
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101101 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102102 SECTION 1. NEW LAW A new section of law not to be
103103 codified in the Oklahoma Statutes reads as follows:
104104 This act shall be known and may be cited as the "Firearms
105105 Manufacturing Act of 2025 ".
106106 SECTION 2. NEW LAW A new section of law to be codified
107107 in the Oklahoma Statutes as Section 1289.31 of Title 21, unless
108108 there is created a duplication in numbering, reads as follows:
109109 A. As used in this act:
110110 1. "Firearm" means a rifle, pistol, or shotgun;
111111 2. "Firearm suppressor" means any device designed, made, or
112112 adapted to muffle the report of a firearm;
113113 3. "Generic and insignificant part " means an item that has
114114 manufacturing or consumer product applications other than inclusion
115115 in a firearm suppressor. The term includes a spring, screw, nut,
116116 and pin; and
117117 4. "Manufacture" includes forging, casting, machining, or any
118118 other process for working a material.
119119 B. For the purposes of this act, a firear m, firearm part, or
120120 firearm suppressor is manufactured in this state if the it em is
121121 manufactured:
122122 1. In this state from basic materials; and
123123 2. Without the inclusion of any part imported from another
124124 state other than a generic and insignificant part.
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151151 C. For the purposes of this act, a firearm, firearm part, or
152152 firearm suppressor is manufactured in this state if it is
153153 manufactured as described by subsection B of this section without
154154 regard to whether a firearm imported into this state from another
155155 state is attached to or used in conjunction with the firearm part or
156156 firearm suppressor.
157157 D. A firearm, firearm part, or firearm suppressor that is
158158 manufactured in this state and remains in this state is not subject
159159 to federal law or federal regulation, including registration, under
160160 the authority of the United States Congress to regulate interstate
161161 commerce.
162162 E. A basic material from which a firearm, firearm part, or
163163 firearm suppressor is manufactured in this state, including
164164 unmachined steel, is not a firearm, fi rearm part, or firearm
165165 suppressor and is not subject to federal regulation und er the
166166 authority of the United States Congress to regulate interstate
167167 commerce as if it actually were a firearm, firearm part or firearm
168168 suppressor.
169169 F. A firearm, firearm part, or firearm suppressor manufactured
170170 and sold in this state must have the words "Made in Oklahoma"
171171 clearly stamped on the firearm, firearm part, or firearm suppressor.
172172 G. On written notification to the Office of the Attorney
173173 General of this state by a Unite d States citizen who resides in this
174174 state of the intent of the citizen to man ufacture a firearm, firearm
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201201 part, or firearm suppressor to which subsection D of this section
202202 applies, the Attorney General shall seek a declaratory judgment from
203203 a federal district court in this state that subsection D of this
204204 section is consistent with the United States Constitution.
205205 H. The provisions of this section shall apply to:
206206 1. The State of Oklahoma, including an agency, department,
207207 commission, bureau, board, office, c ouncil, court, or other entity
208208 that is in any branch of state government and t hat is created by the
209209 Oklahoma Constitution or a statute of this state, including a
210210 university system or a system of higher education;
211211 2. The governing body of a municipality, c ounty, district, or
212212 authority; and
213213 3. An officer, employee, or other body that is part of a
214214 municipality, county, special district, or authority, including a
215215 sheriff, municipal police department, municipal attorney, or
216216 district attorney.
217217 I. An entity described by subsection H of this section may not
218218 adopt a rule, order, ordinance, or policy under which the entity
219219 enforces or, by consistent action, allows the enforcement of a
220220 federal statute, order, rule, or regulation that purports to
221221 regulate a firearm, firearm part or firearm suppressor if the
222222 statute, order, rule, or regulation imposes a prohibition,
223223 restriction, or other regulation that does not exist under the laws
224224 of this state.
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251251 J. No entity described by subsection H of this section and no
252252 person employed by or otherwise under the direction or control of
253253 the entity may enforc e or attempt to enforce any federal statute,
254254 order, rule, or regulation described by subsection I of this
255255 section.
256256 K. An entity described by subsection H of this section may not
257257 receive state grant funds if the entity adopts a rule, order,
258258 ordinance, or policy under which the entity enforces a federal law
259259 described by subsection I of this section or, by consistent action,
260260 allows the enforcement of a federal law described by subse ction I of
261261 this section.
262262 L. State grant funds for the entity shall be denied for the
263263 fiscal year following the year in which a final judicial
264264 determination in an action brought under the provisions of this act
265265 is made that the entity has violated subsecti on I of this section.
266266 M. Any citizen residing in the jurisdiction of an entity
267267 described by subsection H of this section may file a complaint with
268268 the Office of the Attorney General if the citizen offers evidence to
269269 support an allegation that the entity h as adopted a rule, order,
270270 ordinance, or policy under which the entity enforces a federal law
271271 described by subsection I of this section or that the entity, by
272272 consistent action, allows the enforcement of a federal law described
273273 by subsection I of this secti on. The citizen shall include with the
274274 complaint any evidence the citizen has in support of the complaint.
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301301 N. If the Attorney General determines that a complaint filed
302302 under subsection M of this section against an entity described by
303303 subsection H of this section is valid, the Attorney General may file
304304 a petition for a writ of mand amus or apply for other appropriate
305305 equitable relief in the district court of Oklahoma County or in a
306306 county in which the principal office of the entity is located. The
307307 Attorney General may recover reasonable expenses incurred obtaining
308308 relief under this subsection, including court costs, reasonable
309309 attorney fees, investigative costs, witness fees, and deposition
310310 costs.
311311 O. An appeal of a suit brought under subsection N of this
312312 section shall be governed by the procedures for appeals in civil
313313 cases under the Oklahoma Rules of Appellate Procedure. The
314314 appellate court shall render its final order or judgment with the
315315 least possible delay.
316316 SECTION 3. It being immediately necessary for the preservation
317317 of the public peace, health or safety, an emergency is hereby
318318 declared to exist, by reason whereof this act shall take effect and
319319 be in full force from and after its passage and approval.
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321321 60-1-10804 GRS 01/04/25