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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 463 By: Woods
AS INTRODUCED
An Act relating to firearm suppressors; creating the
Sportsman Hearing Protection Act; providing short
title; defining terms; providing re quirements for
manufacturing firearm suppressors in Oklahoma;
providing certain exemption from federal laws and
federal regulations; declaring firearm suppressors
manufactured in Oklahoma exempt from federal
regulation; requiring certain stamp on firearm
suppressors manufactured and sold in Oklahoma;
directing Attorney General to se ek declaratory
judgments under certain circumstances; stating
applicability of statute; prohibiting certain
entities from adopting or imposing rules, ordinances,
policies, or restrictions; regulating firearm
suppressors that contravene state law; prohibiting
certain entities and employees from enforcing or
attempting to enforce certain federal statutes,
orders, rules, or regulations; prohibiting certain
entities from receiving sta te grant funds under
certain circumstances; authorizing citizens to file
certain complaints with the Attorney General; stating
procedures for filing complaint; authorizing the
Attorney 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.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 “Sportsman
Hearing Protection Act ”.
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 sp ring, screw, nut,
and pin; and
4. “Manufacture” includes forging, casting, machining, or
another process for working a material.
B. For the purposes of this act, a firearm suppressor is
manufactured in this state if the item 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.
C. For the purposes of this act, a firearm suppressor is
manufactured in this state if it is manufactured as des cribed in
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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 suppressor.
D. A firearm suppressor that is manufactured in this state and
remains in this state is not subject to federal law or federal
regulation, including registr ation, under the authority of the
United States Congress to regulate interstate commerce.
E. A basic material from which a firearm suppressor is
manufactured in this state, incl uding unmachined steel, is not a
firearm suppressor and is not subject to federal regulation under
the authority of the United States Congress to regulate interstate
commerce as if it actually were a firearm suppressor.
F. A firearm suppressor manufacture d and sold in this state
must have the words “Made in Oklahoma” clearly stamped on the
firearm suppressor.
G. On written notification to the Office of the Attorney
General of this state by a United States citizen who resides in this
state of the intent of the citizen to manufacture a 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 Unit ed States Constitution.
H. The provisions of this section apply to:
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1. The State of Oklahoma, including an agency, department,
commission, bureau, board, office, council, court, or other entity
that is in any branch of state government and that is create d 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, county, 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 un der 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 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.
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 enforce or attempt to enforce any federal st atute,
order, rule, or regulation described by subsection I of this
section.
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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 acti on,
allows the enforcement of a federal law described by subsection 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 subsection I of this section.
M. Any citizen residing in the jurisdiction of an entity
described by subsection H of this se ction may file a complaint to
the Office of the Attorney General if the citize n offers evidence to
support an allegation that the entity has 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 section. The citizen shall include with the
complaint any evidence the citizen has in support of the complaint.
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 to compel the entity ’s
compliance with the provisions of this act, the Attorney General may
file a petition for a writ of mandamus or apply for other
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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 attorn ey 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 appea ls in civil
cases under the rules of the Supreme Court. 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 a ct shall take effect and
be in full force from and after its passage and approval.
60-1-290 CN 1/8/2025 5:33:52 PM