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49 | 40 | | An Act relating to firearms; defining terms; |
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50 | 41 | | prohibiting governmental entities from contracting |
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51 | 42 | | with companies unless contracts contain certain |
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52 | 43 | | written verification; providing an exception for |
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53 | 44 | | specific contracts; specifying the type of entities |
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54 | 45 | | that must comply with certain contract requirements; |
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55 | 46 | | requiring the Office of Management and Enterprise |
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56 | 47 | | Services to provide oversight and advice to |
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57 | 48 | | governmental entities; providing for codification; |
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58 | 49 | | and providing an effective date . |
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59 | 50 | | |
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62 | 53 | | |
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63 | 54 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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64 | 55 | | SECTION 1. NEW LAW A new section of law to be codified |
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65 | 56 | | in the Oklahoma Statutes as Section 1289.31 o f Title 21, unless |
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66 | 57 | | there is created a duplication in numbering, reads as follows: |
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67 | 58 | | A. As used in this section: |
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68 | 59 | | 1. “Ammunition” means a loaded cartridge or shot shell, case, |
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69 | 60 | | primer, projectile, wadding, or propellant powder; |
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| 61 | + | 2. “Company” means a for-profit organization, association, |
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| 62 | + | corporation, partnership, joint venture, lim ited partnership, |
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| 63 | + | limited liability partnership, or limited liability company, |
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| 64 | + | including a wholly owned subsidiary, majority -owned subsidiary, |
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97 | | - | 2. “Company” means a for-profit organization, association, |
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98 | | - | corporation, partnership, joint venture, limited partnership, |
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99 | | - | limited liability partne rship, or limited liability company, |
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100 | | - | including a wholly owned subsidiary, majority -owned subsidiary, |
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101 | 91 | | parent company, or an affiliate of those entities or associations |
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102 | 92 | | that exists to make a profit. The term does not include a sole |
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103 | 93 | | proprietorship; |
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104 | 94 | | 3. “Discriminate against a firearm entity or firearm trade |
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105 | 95 | | association” means, with respect to the entity or association, to: |
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106 | 96 | | a. refuse to engage in the trade of any goods or services |
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107 | 97 | | with the entity or association based s olely on its |
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108 | 98 | | status as a firearm entity or firearm trade |
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109 | 99 | | association which includes the lawful products and |
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110 | 100 | | services provided by and lawful practices of firearm |
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111 | 101 | | entities and firearm t rade associations, |
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112 | 102 | | b. refrain from continuing an existing business |
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113 | 103 | | relationship with the entity or association based |
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114 | 104 | | solely on its status as a firearm entity or firearm |
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115 | 105 | | trade association which includes the lawful products |
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116 | 106 | | and services provided by and lawfu l practices of |
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117 | 107 | | firearm entities and firearm trade associations, or |
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118 | 108 | | c. terminate an existing business relationship with the |
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119 | 109 | | entity or association based solely on its status as a |
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120 | 110 | | firearm entity or firearm trade association which |
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151 | 140 | | The term does not include the policies of a vendor, merchant, retail |
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152 | 141 | | seller, or platform that restrict or prohibit the listing or selling |
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153 | 142 | | of ammunition, firea rms, or firearm accessories. The term also does |
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154 | 143 | | not include a company ’s refusal to engage in the trade of any goods |
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155 | 144 | | or services, decision to refrain from continuing an existing |
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156 | 145 | | business relationship, or decision to terminate an existing business |
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157 | 146 | | relationship to comply with federal, state, or local laws, policies, |
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158 | 147 | | or regulations or a directive by a regulatory agency, or for any |
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159 | 148 | | traditional business reason that is specific to the customer or |
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160 | 149 | | potential customer and not based solely on the status of an entity |
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161 | 150 | | or association as a firearm entity or firearm trade association |
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162 | 151 | | which includes the lawful products and services provided by and |
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163 | 152 | | lawful practices of firearm entities and firearm trade associations; |
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164 | 153 | | 4. “Firearm” means a weapon that expels a projectile by th e |
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165 | 154 | | action of explosive or expanding gases; |
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166 | 155 | | 5. “Firearm accessory” means a device specifically designed or |
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167 | 156 | | adapted to enable an individual to wear, carry, store, or mount a |
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168 | 157 | | firearm on the individual or on a conveyance and an item used in |
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169 | 158 | | conjunction with or mounted on a firearm that is not essential to |
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170 | 159 | | the basic function of the firearm. The term includes a detachable |
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171 | 160 | | firearm magazine; |
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200 | 188 | | a. a firearm, firearm accessory , or ammunition |
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201 | 189 | | manufacturer, distributor, wholesaler, supplier, or |
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202 | 190 | | retailer, and |
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203 | 191 | | b. a gun range; |
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204 | 192 | | 7. “Firearm trade association ” means any person, corporation, |
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205 | 193 | | unincorporated association, federation, business league, or business |
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206 | 194 | | organization that: |
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207 | 195 | | a. is not organized or operated for profit and for which |
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208 | 196 | | none of its net earning inures to the benefit of any |
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209 | 197 | | private shareholder or individual, |
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210 | 198 | | b. has two or more firearm entities as members, and |
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211 | 199 | | c. is exempt from federal income taxation under Section |
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212 | 200 | | 501(a), Internal Revenue Code of 1986, as amended, as |
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213 | 201 | | an organization descr ibed by Section 501(c) of that |
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214 | 202 | | code; |
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215 | 203 | | 8. “Governmental entity” means any branch, department, agency , |
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216 | 204 | | or instrumentality of state government, or any official or other |
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217 | 205 | | person acting under color of state law, or any political subdivision |
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218 | 206 | | of this state; |
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219 | 207 | | 9. “Sole-source provider” means a supplier who provides goods |
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220 | 208 | | or services of a unique nature or goods or services that are solely |
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221 | 209 | | available through the supplier and the supplier is the only |
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222 | 210 | | practicable source to provide such goods or services; and |
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250 | 237 | | 10. “Contract” means a promise or set of promises constituting |
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251 | 238 | | an agreement between the parties that gives each a legal duty to the |
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252 | 239 | | other and the right to seek a remedy for the breach of those duties |
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253 | 240 | | but does not include an agreement related to investment services. |
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254 | 241 | | B. A governmental entity may not enter in to a contract with a |
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255 | 242 | | company for the purchase of goods or services unless the contract |
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256 | 243 | | contains a written verification from the company that it: |
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257 | 244 | | 1. Does not have a practice, policy, guidance, or directive |
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258 | 245 | | that discriminates against a firearm entity or firearm trade |
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259 | 246 | | association; and |
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260 | 247 | | 2. Will not discriminate against a firearm entity or firearm |
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261 | 248 | | trade association during the term of the contract. |
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262 | 249 | | C. The provisions of subsection B of this section shall not |
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263 | 250 | | apply to a governmental entity that: |
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264 | 251 | | 1. Contracts with a sole -source provider; or |
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265 | 252 | | 2. Does not receive a bid from a company that is able to |
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266 | 253 | | provide the written verification required by subsection B of this |
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267 | 254 | | section. |
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268 | 255 | | D. The provisions of this section shall apply only to a |
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269 | 256 | | contract that: |
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270 | 257 | | 1. Is between a governmental entity and a company with at least |
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271 | 258 | | ten full-time employees; and |
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299 | 285 | | 2. Has a value of at least One Hundred Thousand Dollars |
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300 | 286 | | ($100,000.00) that is paid wholly or partly from public funds of the |
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301 | 287 | | governmental entity. |
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302 | 288 | | E. The Purchasing Division of the Office of Management and |
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303 | 289 | | Enterprise Services shall have the authority and responsibility of |
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304 | 290 | | reviewing state governmental contracts to confirm that the |
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305 | 291 | | requirements of subsection B of this section have been satisfied. |
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306 | 292 | | SECTION 2. This act shall become effective November 1, 2025. |
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