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Oklahoma Legislature· HB 2028Recommendation to the full committee; Do Pass Appropriations and Budget Public Safety Subcommittee

An act relating to revenue and taxation, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2028                By: Archer

4

5

6                                AS INTRODUCED

7   An Act relating to revenue and taxation; amending 68

    O.S. 2021, Section 1357, as last amended by Section

8   4, Chapter 363, O.S.L. 2024 (68 O.S. Supp. 2024,

    Section 1357), which relates to sales tax exemptions;

9   providing exemptions for gun safes, firearm

    ammunition, firearms, optics, and direct attachments;

10  defining terms; and providing an effective date.

11

12

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY   68 O.S. 2021, Section 1357, as

16 last amended by Section 4, Chapter 363, O.S.L. 2024 (68 O.S. Supp.

17 2024, Section 1357), is amended to read as follows:

18  Section 1357. Exemptions � General.

19  There are hereby specifically exempted from the tax levied by

20 the Oklahoma Sales Tax Code:

21  1. Transportation of school pupils to and from elementary

22 schools or high schools in motor or other vehicles;

23

24

    Req. No. 11130                                             Page 1
1  2. Transportation of persons where the fare of each person does

2 not exceed One Dollar ($1.00), or local transportation of persons

3 within the corporate limits of a municipality except by taxicabs;

4  3. Sales for resale to persons engaged in the business of

5 reselling the articles purchased, whether within or without the

6 state, provided that such sales to residents of this state are made

7 to persons to whom sales tax permits have been issued as provided in

8 the Oklahoma Sales Tax Code. This exemption shall not apply to the

9 sales of articles made to persons holding permits when such persons

10 purchase items for their use and which they are not regularly

11 engaged in the business of reselling; neither shall this exemption

12 apply to sales of tangible personal property to peddlers, solicitors

13 and other salespersons who do not have an established place of

14 business and a sales tax permit. The exemption provided by this

15 paragraph shall apply to sales of motor fuel or diesel fuel to a

16 Group Five vendor, but the use of such motor fuel or diesel fuel by

17 the Group Five vendor shall not be exempt from the tax levied by the

18 Oklahoma Sales Tax Code. The purchase of motor fuel or diesel fuel

19 is exempt from sales tax when the motor fuel is for shipment outside

20 this state and consumed by a common carrier by rail in the conduct

21 of its business. The sales tax shall apply to the purchase of motor

22 fuel or diesel fuel in Oklahoma by a common carrier by rail when

23 such motor fuel is purchased for fueling, within this state, of any

24 locomotive or other motorized flanged wheel equipment;

   Req. No. 11130                                                  Page 2
1   4. Sales of advertising space in newspapers and periodicals;

2   5. Sales of programs relating to sporting and entertainment

3 events, and sales of advertising on billboards (including signage,

4 posters, panels, marquees or on other similar surfaces, whether

5 indoors or outdoors) or in programs relating to sporting and

6 entertainment events, and sales of any advertising, to be displayed

7 at or in connection with a sporting event, via the Internet,

8 electronic display devices or through public address or broadcast

9 systems. The exemption authorized by this paragraph shall be

10 effective for all sales made on or after January 1, 2001;

11  6. Sales of any advertising, other than the advertising

12 described by paragraph 5 of this section, via the Internet,

13 electronic display devices or through the electronic media including

14 radio, public address or broadcast systems, television (whether

15 through closed circuit broadcasting systems or otherwise), and cable

16 and satellite television, and the servicing of any advertising

17 devices;

18  7. Eggs, feed, supplies, machinery, and equipment purchased by

19 persons regularly engaged in the business of raising worms, fish,

20 any insect, or any other form of terrestrial or aquatic animal life

21 and used for the purpose of raising same for marketing. This

22 exemption shall only be granted and extended to the purchaser when

23 the items are to be used and in fact are used in the raising of

24 animal life as set out above. Each purchaser shall certify, in

    Req. No. 11130                                                  Page 3
1 writing, on the invoice or sales ticket retained by the vendor that

2 the purchaser is regularly engaged in the business of raising such

3 animal life and that the items purchased will be used only in such

4 business. The vendor shall certify to the Oklahoma Tax Commission

5 that the price of the items has been reduced to grant the full

6 benefit of the exemption. Violation hereof by the purchaser or

7 vendor shall be a misdemeanor;

8   8. Sale of natural or artificial gas and electricity, and

9 associated delivery or transmission services, when sold exclusively

10 for residential use. Provided, this exemption shall not apply to

11 any sales tax levied by a city or town, or a county or any other

12 jurisdiction in this state;

13  9. In addition to the exemptions authorized by Section 1357.6

14 of this title, sales of drugs sold pursuant to a prescription

15 written for the treatment of human beings by a person licensed to

16 prescribe the drugs, and sales of insulin and medical oxygen.

17 Provided, this exemption shall not apply to over-the-counter drugs;

18  10. Transfers of title or possession of empty, partially

19 filled, or filled returnable oil and chemical drums to any person

20 who is not regularly engaged in the business of selling, reselling

21 or otherwise transferring empty, partially filled or filled

22 returnable oil drums;

23

24

    Req. No. 11130                                                Page 4
1   11. Sales of one-way utensils, paper napkins, paper cups,

2 disposable hot containers, and other one-way carry out materials to

3 a vendor of meals or beverages;

4   12. Sales of food or food products for home consumption which

5 are purchased in whole or in part with coupons issued pursuant to

6 the federal food stamp program as authorized by Sections 2011

7 through 2029 of Title 7 of the United States Code, as to that

8 portion purchased with such coupons. The exemption provided for

9 such sales shall be inapplicable to such sales upon the effective

10 date of any federal law that removes the requirement of the

11 exemption as a condition for participation by the state in the

12 federal food stamp program;

13  13. Sales of food or food products, or any equipment or

14 supplies used in the preparation of the food or food products to or

15 by an organization which:

16  a. is exempt from taxation pursuant to the provisions of

17  Section 501(c)(3) of the Internal Revenue Code, 26

18  U.S.C., Section 501(c)(3), and which provides and

19  delivers prepared meals for home consumption to

20  elderly or homebound persons as part of a program

21  commonly known as "Meals on Wheels" or "Mobile Meals",

22  or

23  b. is exempt from taxation pursuant to the provisions of

24  Section 501(c)(3) of the Internal Revenue Code, 26

    Req. No. 11130                                                 Page 5
1   U.S.C., Section 501(c)(3), and which receives federal

2   funding pursuant to the Older Americans Act of 1965,

3   as amended, for the purpose of providing nutrition

4   programs for the care and benefit of elderly persons;

5   14. a. Sales of tangible personal property or services to or

6   by organizations which are exempt from taxation

7   pursuant to the provisions of Section 501(c)(3) of the

8   Internal Revenue Code, 26 U.S.C., Section 501(c)(3),

9   and:

10  (1) are primarily involved in the collection and

11                  distribution of food and other household products

12                  to other organizations that facilitate the

13                  distribution of such products to the needy and

14                  such distributee organizations are exempt from

15                  taxation pursuant to the provisions of Section

16                  501(c)(3) of the Internal Revenue Code, 26

17                  U.S.C., Section 501(c)(3), or

18  (2) facilitate the distribution of such products to

19                  the needy.

20  b. Sales made in the course of business for profit or

21  savings, competing with other persons engaged in the

22  same or similar business shall not be exempt under

23  this paragraph;

24

    Req. No. 11130                                              Page 6
1   15. Sales of tangible personal property or services to

2 children's homes which are located on church-owned property and are

3 operated by organizations exempt from taxation pursuant to the

4 provisions of the Internal Revenue Code, 26 U.S.C., Section

5 501(c)(3);

6   16. Sales of computers, data processing equipment, related

7 peripherals, and telephone, telegraph or telecommunications service

8 and equipment for use in a qualified aircraft maintenance or

9 manufacturing facility. For purposes of this paragraph, "qualified

10 aircraft maintenance or manufacturing facility" means a new or

11 expanding facility primarily engaged in aircraft repair, building or

12 rebuilding whether or not on a factory basis, whose total cost of

13 construction exceeds the sum of Five Million Dollars ($5,000,000.00)

14 and which employs at least two hundred fifty (250) new full-time-

15 equivalent employees, as certified by the Oklahoma Employment

16 Security Commission, upon completion of the facility. In order to

17 qualify for the exemption provided for by this paragraph, the cost

18 of the items purchased by the qualified aircraft maintenance or

19 manufacturing facility shall equal or exceed the sum of Two Million

20 Dollars ($2,000,000.00);

21  17. Sales of tangible personal property consumed or

22 incorporated in the construction or expansion of a qualified

23 aircraft maintenance or manufacturing facility as defined in

24 paragraph 16 of this section. For purposes of this paragraph, sales

    Req. No. 11130                                                  Page 7
1 made to a contractor or subcontractor that has previously entered

2 into a contractual relationship with a qualified aircraft

3 maintenance or manufacturing facility for construction or expansion

4 of such a facility shall be considered sales made to a qualified

5 aircraft maintenance or manufacturing facility;

6   18. Sales of the following telecommunications services:

7   a. Interstate and International "800 service". "800

8   service" means a telecommunications service that

9   allows a caller to dial a toll-free number without

10  incurring a charge for the call. The service is

11  typically marketed under the name "800", "855", "866",

12  "877" and "888" toll-free calling, and any subsequent

13  numbers designated by the Federal Communications

14  Commission,

15  b. Interstate and International "900 service". "900

16  service" means an inbound toll telecommunications

17  service purchased by a subscriber that allows the

18  subscriber's customers to call in to the subscriber's

19  prerecorded announcement or live service. 900 service

20  does not include the charge for: collection services

21  provided by the seller of the telecommunications

22  services to the subscriber, or service or product sold

23  by the subscriber to the subscriber's customer. The

24  service is typically marketed under the name "900"

    Req. No. 11130                                           Page 8
1   service, and any subsequent numbers designated by the

2   Federal Communications Commission,

3   c. Interstate and International "private communications

4   service". "Private communications service" means a

5   telecommunications service that entitles the customer

6   to exclusive or priority use of a communications

7   channel or group of channels between or among

8   termination points, regardless of the manner in which

9   such channel or channels are connected, and includes

10  switching capacity, extension lines, stations and any

11  other associated services that are provided in

12  connection with the use of such channel or channels,

13  d. "Value-added nonvoice data service". "Value-added

14  nonvoice data service" means a service that otherwise

15  meets the definition of telecommunications services in

16  which computer processing applications are used to act

17  on the form, content, code or protocol of the

18  information or data primarily for a purpose other than

19  transmission, conveyance, or routing,

20  e. Interstate and International telecommunications

21  service which is:

22  (1) rendered by a company for private use within its

23                  organization, or

24

    Req. No. 11130                                      Page 9
1   (2) used, allocated or distributed by a company to

2                   its affiliated group,

3   f. Regulatory assessments and charges including charges

4   to fund the Oklahoma Universal Service Fund, the

5   Oklahoma Lifeline Fund and the Oklahoma High Cost

6   Fund, and

7   g. Telecommunications nonrecurring charges including but

8   not limited to the installation, connection, change,

9   or initiation of telecommunications services which are

10  not associated with a retail consumer sale;

11  19. Sales of railroad track spikes manufactured and sold for

12 use in this state in the construction or repair of railroad tracks,

13 switches, sidings, and turnouts;

14  20. Sales of aircraft and aircraft parts provided such sales

15 occur at a qualified aircraft maintenance facility. As used in this

16 paragraph, "qualified aircraft maintenance facility" means a

17 facility operated by an air common carrier including one or more

18 component overhaul support buildings or structures in an area owned,

19 leased, or controlled by the air common carrier, at which there were

20 employed at least two thousand (2,000) full-time-equivalent

21 employees in the preceding year as certified by the Oklahoma

22 Employment Security Commission and which is primarily related to the

23 fabrication, repair, alteration, modification, refurbishing,

24 maintenance, building, or rebuilding of commercial aircraft or

    Req. No. 11130                                                 Page 10
1 aircraft parts used in air common carriage. For purposes of this

2 paragraph, "air common carrier" shall also include members of an

3 affiliated group as defined by Section 1504 of the Internal Revenue

4 Code, 26 U.S.C., Section 1504. Beginning July 1, 2012, sales of

5 machinery, tools, supplies, equipment, and related tangible personal

6 property and services used or consumed in the repair, remodeling, or

7 maintenance of aircraft, aircraft engines or aircraft component

8 parts which occur at a qualified aircraft maintenance facility;

9   21. Sales of machinery and equipment purchased and used by

10 persons and establishments primarily engaged in computer services

11 and data processing:

12  a. as defined under Industry Group Numbers 7372 and 7373

13  of the Standard Industrial Classification (SIC)

14  Manual, latest version, which derive at least fifty

15  percent (50%) of their annual gross revenues from the

16  sale of a product or service to an out-of-state buyer

17  or consumer, and

18  b. as defined under Industry Group Number 7374 of the SIC

19  Manual, latest version, which derive at least eighty

20  percent (80%) of their annual gross revenues from the

21  sale of a product or service to an out-of-state buyer

22  or consumer.

23  Eligibility for the exemption set out in this paragraph shall be

24 established, subject to review by the Tax Commission, by annually

    Req. No. 11130                                   Page 11
1 filing an affidavit with the Tax Commission stating that the

2 facility so qualifies and such information as required by the Tax

3 Commission. For purposes of determining whether annual gross

4 revenues are derived from sales to out-of-state buyers or consumers,

5 all sales to the federal government shall be considered to be to an

6 out-of-state buyer or consumer;

7   22. Sales of prosthetic devices to an individual for use by

8 such individual. For purposes of this paragraph, "prosthetic

9 device" shall have the same meaning as provided in Section 1357.6 of

10 this title, but shall not include corrective eye glasses, contact

11 lenses, or hearing aids;

12  23. Sales of tangible personal property or services to a motion

13 picture or television production company to be used or consumed in

14 connection with an eligible production. For purposes of this

15 paragraph, "eligible production" means a documentary, special, music

16 video or a television commercial or television program that will

17 serve as a pilot for or be a segment of an ongoing dramatic or

18 situation comedy series filmed or taped for network or national or

19 regional syndication or a feature-length motion picture intended for

20 theatrical release or for network or national or regional

21 syndication or broadcast. The provisions of this paragraph shall

22 apply to sales occurring on or after July 1, 1996. In order to

23 qualify for the exemption, the motion picture or television

24 production company shall file any documentation and information

    Req. No. 11130                                               Page 12
1 required to be submitted pursuant to rules promulgated by the Tax

2 Commission;

3   24. Sales of diesel fuel sold for consumption by commercial

4 vessels, barges and other commercial watercraft;

5   25. Sales of tangible personal property or services to tax-

6 exempt independent nonprofit biomedical research foundations that

7 provide educational programs for Oklahoma science students and

8 teachers and to tax-exempt independent nonprofit community blood

9 banks headquartered in this state;

10  26. Effective May 6, 1992, sales of wireless telecommunications

11 equipment to a vendor who subsequently transfers the equipment at no

12 charge or for a discounted charge to a consumer as part of a

13 promotional package or as an inducement to commence or continue a

14 contract for wireless telecommunications services;

15  27. Effective January 1, 1991, leases of rail transportation

16 cars to haul coal to coal-fired plants located in this state which

17 generate electric power;

18  28. Beginning July 1, 2005, sales of aircraft engine repairs,

19 modification, and replacement parts, sales of aircraft frame repairs

20 and modification, aircraft interior modification, and paint, and

21 sales of services employed in the repair, modification, and

22 replacement of parts of aircraft engines, aircraft frame and

23 interior repair and modification, and paint;

24

    Req. No. 11130                                                Page 13
1   29. Sales of materials and supplies to the owner or operator of

2 a ship, motor vessel, or barge that is used in interstate or

3 international commerce if the materials and supplies:

4   a. are loaded on the ship, motor vessel, or barge and

5   used in the maintenance and operation of the ship,

6   motor vessel, or barge, or

7   b. enter into and become component parts of the ship,

8   motor vessel, or barge;

9   30. Sales of tangible personal property made at estate sales at

10 which such property is offered for sale on the premises of the

11 former residence of the decedent by a person who is not required to

12 be licensed pursuant to the Transient Merchant Licensing Act, or who

13 is not otherwise required to obtain a sales tax permit for the sale

14 of such property pursuant to the provisions of Section 1364 of this

15 title; provided:

16  a. such sale or event may not be held for a period

17  exceeding three (3) consecutive days,

18  b. the sale must be conducted within six (6) months of

19  the date of death of the decedent, and

20  c. the exemption allowed by this paragraph shall not be

21  allowed for property that was not part of the

22  decedent's estate;

23  31. Beginning January 1, 2004, sales of electricity and

24 associated delivery and transmission services, when sold exclusively

    Req. No. 11130                                                 Page 14
1 for use by an oil and gas operator for reservoir dewatering projects

2 and associated operations commencing on or after July 1, 2003, in

3 which the initial water-to-oil ratio is greater than or equal to

4 five-to-one water-to-oil, and such oil and gas development projects

5 have been classified by the Corporation Commission as a reservoir

6 dewatering unit;

7   32. Sales of prewritten computer software that is delivered

8 electronically. For purposes of this paragraph, "delivered

9 electronically" means delivered to the purchaser by means other than

10 tangible storage media;

11  33. Sales of modular dwelling units when built at a production

12 facility and moved in whole or in parts, to be assembled on-site,

13 and permanently affixed to the real property and used for

14 residential or commercial purposes. The exemption provided by this

15 paragraph shall equal forty-five percent (45%) of the total sales

16 price of the modular dwelling unit. For purposes of this paragraph,

17 "modular dwelling unit" means a structure that is not subject to the

18 motor vehicle excise tax imposed pursuant to Section 2103 of this

19 title;

20  34. Sales of tangible personal property or services to:

21         a. persons who are residents of Oklahoma and have been

22         honorably discharged from active service in any branch

23         of the Armed Forces of the United States or Oklahoma

24         National Guard and who have been certified by the

    Req. No. 11130                                            Page 15
1   United States Department of Veterans Affairs or its

2   successor to be in receipt of disability compensation

3   at the one-hundred-percent rate and the disability

4   shall be permanent and have been sustained through

5   military action or accident or resulting from disease

6   contracted while in such active service and registered

7   with the veterans registry created by the Oklahoma

8   Department of Veterans Affairs, or

9   b. the surviving spouse of the person in subparagraph a

10  of this paragraph if the person is deceased and the

11  spouse has not remarried and the surviving spouse of a

12  person who is determined by the United States

13  Department of Defense or any branch of the United

14  States military to have died while in the line of duty

15  if the spouse has not remarried. Sales for the

16  benefit of an eligible person to a spouse of the

17  eligible person or to a member of the household in

18  which the eligible person resides and who is

19  authorized to make purchases on the person's behalf,

20  when such eligible person is not present at the sale,

21  shall also be exempt for purposes of this paragraph.

22  The Oklahoma Tax Commission shall issue a separate

23  exemption card to a spouse of an eligible person or to

24  a member of the household in which the eligible person

    Req. No. 11130                                    Page 16
1   resides who is authorized to make purchases on the

2   person's behalf, if requested by the eligible person.

3   Sales qualifying for the exemption authorized by this

4   paragraph shall not exceed Twenty-five Thousand

5   Dollars ($25,000.00) per year per individual while the

6   disabled veteran is living. Sales qualifying for the

7   exemption authorized by this paragraph shall not

8   exceed One Thousand Dollars ($1,000.00) per year for

9   an unremarried surviving spouse. Upon request of the

10  Tax Commission, a person asserting or claiming the

11  exemption authorized by this paragraph shall provide a

12  statement, executed under oath, that the total sales

13  amounts for which the exemption is applicable have not

14  exceeded Twenty-five Thousand Dollars ($25,000.00) per

15  year per living disabled veteran or One Thousand

16  Dollars ($1,000.00) per year for an unremarried

17  surviving spouse. If the amount of such exempt sales

18  exceeds such amount, the sales tax in excess of the

19  authorized amount shall be treated as a direct sales

20  tax liability and may be recovered by the Tax

21  Commission in the same manner provided by law for

22  other taxes including penalty and interest. The Tax

23  Commission shall promulgate any rules necessary to

24  implement the provisions of this paragraph, which

    Req. No. 11130                                    Page 17
1   shall include rules providing for the disclosure of

2   information about persons eligible for the exemption

3   authorized in this paragraph to the Oklahoma

4   Department of Veterans Affairs, as authorized in

5   Section 205 of this title. For purposes of the

6   exemption authorized by this subparagraph, if the

7   disability determination that would have been made

8   while the disabled veteran was still living is not

9   made final until after the death of the disabled

10  veteran, the exemption authorized by this subparagraph

11  may still be claimed by the surviving spouse;

12  35. Sales of electricity to the operator, specifically

13 designated by the Corporation Commission, of a spacing unit or lease

14 from which oil is produced or attempted to be produced using

15 enhanced recovery methods including, but not limited to, increased

16 pressure in a producing formation through the use of water or

17 saltwater if the electrical usage is associated with and necessary

18 for the operation of equipment required to inject or circulate

19 fluids in a producing formation for the purpose of forcing oil or

20 petroleum into a wellbore for eventual recovery and production from

21 the wellhead. In order to be eligible for the sales tax exemption

22 authorized by this paragraph, the total content of oil recovered

23 after the use of enhanced recovery methods shall not exceed one

24 percent (1%) by volume. The exemption authorized by this paragraph

    Req. No. 11130                                                 Page 18
1 shall be applicable only to the state sales tax rate and shall not

2 be applicable to any county or municipal sales tax rate;

3   36. Sales of intrastate charter and tour bus transportation.

4 As used in this paragraph, "intrastate charter and tour bus

5 transportation" means the transportation of persons from one

6 location in this state to another location in this state in a motor

7 vehicle which has been constructed in such a manner that it may

8 lawfully carry more than eighteen persons, and which is ordinarily

9 used or rented to carry persons for compensation. Provided, this

10 exemption shall not apply to regularly scheduled bus transportation

11 for the general public;

12  37. Sales of vitamins, minerals, and dietary supplements by a

13 licensed chiropractor to a person who is the patient of such

14 chiropractor at the physical location where the chiropractor

15 provides chiropractic care or services to such patient. The

16 provisions of this paragraph shall not be applicable to any drug,

17 medicine, or substance for which a prescription by a licensed

18 physician is required;

19  38. Sales of goods, wares, merchandise, tangible personal

20 property, machinery, and equipment to a web search portal located in

21 this state which derives at least eighty percent (80%) of its annual

22 gross revenue from the sale of a product or service to an out-of-

23 state buyer or consumer. For purposes of this paragraph, "web

24 search portal" means an establishment classified under NAICS code

    Req. No. 11130                                                Page 19
1 519130 which operates websites that use a search engine to generate

2 and maintain extensive databases of Internet addresses and content

3 in an easily searchable format;

4   39. Sales of tangible personal property consumed or

5 incorporated in the construction or expansion of a facility for a

6 corporation organized under Section 437 et seq. of Title 18 of the

7 Oklahoma Statutes as a rural electric cooperative. For purposes of

8 this paragraph, sales made to a contractor or subcontractor that has

9 previously entered into a contractual relationship with a rural

10 electric cooperative for construction or expansion of a facility

11 shall be considered sales made to a rural electric cooperative;

12  40. Sales of tangible personal property or services to a

13 business primarily engaged in the repair of consumer electronic

14 goods including, but not limited to, cell phones, compact disc

15 players, personal computers, MP3 players, digital devices for the

16 storage and retrieval of information through hard-wired or wireless

17 computer or Internet connections, if the devices are sold to the

18 business by the original manufacturer of such devices and the

19 devices are repaired, refitted or refurbished for sale by the entity

20 qualifying for the exemption authorized by this paragraph directly

21 to retail consumers or if the devices are sold to another business

22 entity for sale to retail consumers;

23  41. On or after July 1, 2019, and prior to July 1, 2024, sales

24 or leases of rolling stock when sold or leased by the manufacturer,

    Req. No. 11130                                                 Page 20
1 regardless of whether the purchaser is a public services corporation

2 engaged in business as a common carrier of property or passengers by

3 railway, for use or consumption by a common carrier directly in the

4 rendition of public service. For purposes of this paragraph,

5 "rolling stock" means locomotives, autocars, and railroad cars and

6 "sales or leases" includes railroad car maintenance and retrofitting

7 of railroad cars for their further use only on the railways;

8   42. Sales of gold, silver, platinum, palladium or other bullion

9 items such as coins and bars and legal tender of any nation, which

10 legal tender is sold according to its value as precious metal or as

11 an investment. As used in the paragraph, "bullion" means any

12 precious metal including, but not limited to, gold, silver,

13 platinum, and palladium, that is in such a state or condition that

14 its value depends upon its precious metal content and not its form.

15 The exemption authorized by this paragraph shall not apply to

16 fabricated metals that have been processed or manufactured for

17 artistic use or as jewelry; and

18  43. Recovery fees on the rental charge from any item of heavy

19 equipment property rental as provided for in Section 2 of this act.;

20  44. Sales of gun safes. For the purposes of this paragraph,

21 gun safe means a secure storage container designed specifically to

22 store firearms and ammunition;

23  45. Sales of firearm ammunition. For the purposes of this

24 paragraph, firearm ammunition means the components used to load and

    Req. No. 11130                                                 Page 21
1 fire a gun. Firearm ammunition includes bullets, cartridge cases,

2 propellent, and primer; and

3   46. Sales of firearms and their optics and direct attachments.

4 For the purposes of this paragraph, a firearm is a weapon that uses

5 gunpowder or other explosive propellant to launch a projectile,

6 typically a bullet, at high velocity. Firearms shall include

7 handguns, rifles, shotguns, automatic, and semi-automatic weapons.

8 For the purposes of this paragraph, optics and direct attachments

9 shall include scopes, red dot sights, laser sights, foregrips,

10 bipods, muzzle devices, lights, and sling mounts.

11  SECTION 2. This act shall become effective November 1, 2025.

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13  60-1-11130      AO  12/31/24

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    Req. No. 11130                                                Page 22
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