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Oklahoma Legislature· HB 2820Referred to Criminal Judiciary

An act relating to firearms, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                     STATE OF OKLAHOMA

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

3 HOUSE BILL 2820               By: Steagall

4

5

6                               AS INTRODUCED

7   An Act relating to firearms; amending 21 O.S. 2021,

    Section 1289.24, which relates to the Oklahoma

8   Firearms Act of 1971; expanding scope of state

    preemption provision to include firearm and

9   ammunition components; prohibiting the adoption of

    policies or resolutions that violate state preemption

10  provision; clarifying procedures that authorize the

    filing of civil actions; providing for the payment of

11  reasonable expenses under certain circumstances;

    allowing aggrieved persons to retain standing under

12  certain circumstances; defining term; and declaring

    an emergency.

13

14

15

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

17  SECTION 1.      AMENDATORY  21 O.S. 2021, Section 1289.24, is

18 amended to read as follows:

19  Section 1289.24.

20                  FIREARM REGULATION � STATE PREEMPTION

21  A. 1. The State Legislature hereby occupies and preempts the

22 entire field of legislation in this state touching in any way

23 firearms, air powered pistols, air powered rifles, knives, firearm

24 and ammunition components, ammunition and supplies to the complete

    Req. No. 10802                                                Page 1
1 exclusion of any order, policy, ordinance, resolution, or regulation

2 by any municipality, agency, or other political subdivision of this

3 state. Any existing or future orders, policies, ordinances,

4 resolutions, or regulations in this field, except as provided for in

5 paragraph 2 of this subsection and subsection C of this section, are

6 null and void.

7   2. A municipality may adopt any ordinance:

8   a. relating to the discharge of firearms within the

9   jurisdiction of the municipality,

10  b. allowing the municipality to issue a traffic citation

11  for transporting a firearm improperly as provided for

12  in Section 1289.13A of this title, provided, however,

13  that penalties contained for violation of any

14  ordinance enacted pursuant to the provisions of this

15  subparagraph shall not exceed the penalties

16  established in the Oklahoma Self-Defense Act, and

17  c. allowing the municipality to issue a citation to an

18  individual or the parent or guardian of a minor who

19  discharges an air powered pistol or air powered rifle

20  in an intentional or negligent manner which causes the

21  projectile to leave the intended premises.

22  3. As provided in the preemption provisions of this section,

23 the otherwise lawful carrying or possession of a firearm under the

24 provisions of Chapter 53 of this title shall not be punishable by

    Req. No. 10802                                             Page 2
1 any municipality, agency, or other political subdivision of this

2 state as disorderly conduct, disturbing the peace or similar offense

3 against public order.

4   4. A public or private school may create a policy regulating

5 the possession of knives on school property or in any school bus or

6 vehicle used by the school for purposes of transportation.

7   B. No municipality, agency, or other political subdivision of

8 this state shall adopt any order, policy, ordinance, resolution, or

9 regulation concerning in any way the sale, purchase, purchase delay,

10 transfer, ownership, use, keeping, possession, carrying, bearing,

11 transportation, licensing, permit, registration, taxation other than

12 sales and compensating use taxes or other controls on firearms,

13 knives, firearm and ammunition components, ammunition and supplies.

14  C. Except as hereinafter provided, this section shall not

15 prohibit any order, policy, ordinance or regulation by any

16 municipality concerning the confiscation of property used in

17 violation of the ordinances of the municipality as provided for in

18 Section 28-121 of Title 11 of the Oklahoma Statutes. Provided,

19 however, no municipal ordinance relating to transporting a firearm

20 or knife improperly may include a provision for confiscation of

21 property.

22  D. When a person's rights pursuant to the protection of the

23 preemption provisions of this section have been violated by any

24 order, policy, ordinance, resolution, or regulation promulgated or

    Req. No. 10802                                                  Page 3
1 enforced by any person, municipality, agency or other political

2 subdivision of the state, the person so violated shall have the

3 right to bring a civil action against the persons person, government

4 employee if the government employee was acting beyond the scope of

5 employment, municipality, and agency, or political subdivision

6 jointly and severally for injunctive relief or monetary damages or

7 both.

8   E. A court may require the person, municipality, agency or

9 political subdivision to pay reasonable expenses to the aggrieved

10 party in a civil action filed pursuant to the provisions of

11 subsection D of this section if:

12  1. The aggrieved party first provides written notice of the

13 unlawful order, policy, ordinance, resolution or regulation by

14 certified, first-class mail or service of process to the clerk of

15 the municipality or to the designated agent of the municipality,

16 agency or political subdivision and allows the person, municipality,

17 agency or political subdivision ninety (90) days to rescind, repeal

18 or otherwise abrogate the order, policy, ordinance, resolution or

19 regulation; and

20  2. A court rules in favor of the aggrieved person whose rights

21 were violated and the issue in controversy is governed by previously

22 settled law.

23  If the person, municipality, agency or political subdivision

24 fails to rescind, repeal or otherwise abrogate the unlawful order,

    Req. No. 10802                                                 Page 4
1 policy, ordinance, resolution or regulation within ninety (90) days

2 of required notice, as provided in paragraph 1 of this subsection

3 and the order, policy, ordinance, resolution or regulation is

4 subsequently rescinded, repealed or otherwise abrogated after the

5 aggrieved party files suit, the aggrieved party shall retain

6 standing in the suit and may recover damages or reasonable expenses.

7   F. As used in this section, air:

8   1. "Air powered pistol" or "air powered rifle" is any pistol or

9 rifle that uses compressed air or other compressed gas to project

10 plastic BB-like or pellet-like projectiles at a speed not exceeding

11 400 feet per second; and

12  2. "Reasonable expenses" includes, but is not limited to,

13 attorney fees, expert witness fees, and court costs.

14  SECTION 2. It being immediately necessary for the preservation

15 of the public peace, health or safety, an emergency is hereby

16 declared to exist, by reason whereof this act shall take effect and

17 be in full force from and after its passage and approval.

18

19  60-1-10802      GRS      01/07/25

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    Req. No. 10802                                                Page 5
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