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SENATE FLOOR VERSION
February 19, 2025
SENATE BILL NO. 513 By: Bergstrom
An Act relating to the Oklahoma Riot Control and
Prevention Act; amending 21 O.S. 2021, Section
1321.4, which relates to acts which may be proclaimed
prohibited; adding certain entities that are
prohibited from taking certain actions; authorizing
activity in certain place during state of emergency;
modifying scope for which relief may be sought;
updating statutory reference; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1321.4, is
amended to read as follows:
Section 1321.4. A. The Governor during the existence of a
state of emergency, by proclamation, may, in the area described by
the proclamation, which proclamation shall not cover any part or
portion of the state not affected by public disorder, disaster, or
riot at the time the proclamation is issued, prohibit:
1. Any person being on the p ublic streets, or in t he public
parks, or at any other public place during the hours declared by the
Governor to be a period of curfew;
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2. A designated number of persons, as designated by the
Governor, from assembling or gathering on the public streets, parks,
or other open areas of this state, either public or private;
3. The manufacture, transfer, use, possession , or
transportation of a molotov cocktail or any other device,
instrument, or object designed to explode or produce uncontained
combustion;
4. The transporting, pos sessing, or using of gasoline,
kerosene, or combustible, flammable, or explosive liquids or
materials in a glass or uncapped container of any kind except in
connection with the normal operation of motor vehicles, normal home
use, or legitimate commercial u se;
5. The sale, purchase , or dispensing of alcoholic beverages;
6. The sale, purchase , or dispensing of other commodities or
goods, as the Governor reasonably believes should be prohibited to
help preserve and maintain life, health , property, or the public
peace;
7. The use of certain streets, highways , or public ways by the
public; and
8. Such other activities as the Governor reasonably believes
should be prohibited to help preserve and maintain life, health,
property, or the public peace.
B. Notwithstanding this section or any other law of this state,
neither the The Governor nor or any official of a municipal
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municipality, county, or political subdivision of this state, or any
other state entity during the existence of a state of emergency,
shall not prohibit or suspend the sale:
1. The sale, ownership, possession, transportation, carrying,
transfer, and storage of firearms, ammunition , and ammunition
accessories during a declared state of emergency, that are otherwise
legal under state law ; or
2. Any activity in a place of worship during a declared state
of emergency that is other wise legal under state law .
C. In imposing the restrictions provided for by the Oklahoma
Riot Control and Prevention Act , the Governor may impose th em for
such times, upon such conditions, with such exceptions , and in such
areas of this state the Governor from time to time deems necessary.
D. Any individual aggrieved by a violation of subsection B of
this section may seek relief in an action at law or in equity for
redress against any person or against an official of a municipality,
county, political subdivision, or other state entity who subjects
such individual or causes such individual to be subjected to an
action prohibited by subsection B of this section. In addition to
any other remedy at law or in equity, an individual aggrieved by the
seizure or confiscation of a firearm or ammunition in violation of
paragraph 1 of subsection B of this section may bring an action for
the return of such firearm or ammunition in the district court of
the county in which that individual resides or in which such firearm
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or ammunition is located. In any action or proceeding to enforce
the provisions of this section, the court shall award the prevailing
plaintiff costs and reasonable att orney fees.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
February 19, 2025 - DO PASS