An act relating to firearms, the official text

1                               STATE OF OKLAHOMA

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

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3 SENATE BILL 635                   By: Deevers
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5                               AS INTRODUCED

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6   An Act relating to firearms; creating the Firearm

6   Preservation Act; providing short title; defining

7   terms; prohibiting law enforcement from taking

7   certain action; requiring auction of certain

8   firearms; requiring certain criminal history record

8   check; stating authorized use for certain proceeds;

9   requiring certain compliance; prohibiting certain

9   liability; requiring maintenance of certain records;

10  providing penalties; directing deposit of certain

10  fine into General Revenue Fund; providing for

11  codification; and providing an effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14  SECTION 1.         NEW LAW      A new section of law to be codified

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15 in the Oklahoma Statutes as Section 1289.24f of Title 21, unless
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16 there is created a duplication in numbering, reads as follows:
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17  A. This act shall be known and may be cited as the "Firearm

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18 Preservation Act".
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19  B. As used in this act:

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20  1. "Federal firearms license" means a license issued by the

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21 United States Bureau of Alcohol, Tobacco, Firearms and Explosives
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22 that authorizes an individual or entity to engage in certain
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23 activities related to firearms;
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    Req. No. 1341                                              Page 1
1   2. "Firearm" means any weapon that will or is designed to expel

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2 a projectile by the action of an explosive; and
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3   3. "Law enforcement agency" means any state, county, municipal,

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4 or other law enforcement entity in this state.
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5   C. 1. A firearm obtained through a court-ordered turnover,

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6 estate settlement due to death, forfeiture, or any other method of
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7 acquisition by this state or any political subdivision thereof shall
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8 not be destroyed or rendered permanently inoperable.
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9   2. Any such firearm obtained by this state or any political

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10 subdivision thereof shall be retained by the acquiring entity until
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11 the firearm is lawfully disposed of pursuant to the provisions of
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12 this act.
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13  D. 1. A law enforcement agency shall auction firearms obtained

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14 pursuant to the provisions of this act exclusively to individuals
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15 who are lawfully eligible to purchase such firearms under state and
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16 federal law.
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17  2. An individual who purchases a handgun shall be subject to,

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18 and pass, any required criminal history record check required by
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19 state and federal law.
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20  3. Any proceeds from an auction of firearms shall be allocated

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21 to the law enforcement agency that conducted the auction for
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22 operational expenses, training, or other purposes consistent with
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23 state law.
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    Req. No. 1341                                       Page 2
1   4. A firearm shall be transferred in compliance with any

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2 applicable state and federal regulations.
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3   E. No law enforcement agency nor personnel thereof shall be

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4 held liable in a civil or criminal proceeding for any harm, injury,
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5 or death caused by the subsequent use of a firearm that was
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6 auctioned to an eligible buyer pursuant to the provisions of this
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7 act.
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8   F. 1. Any law enforcement agency that conducts an auction

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9 pursuant to the provisions of this act shall maintain records of all
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10 auctioned firearms, including the firearm purchaser's federal
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11 firearms license number and a record of payment.
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12  2. Such records shall be retained for a period of no less than

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13 five (5) years and shall be subject to inspection by the Attorney
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14 General.
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15  G. 1. Any law enforcement agency in violation of the

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16 provisions of this act shall be subject to a fine of Five Hundred
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17 Dollars ($500.00) for the first offense and a fine of One Thousand
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18 Dollars ($1,000.00) for each subsequent offense.
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19  2. Any fine collected pursuant to the provisions of this

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20 section shall be deposited into the General Revenue Fund.
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21  SECTION 2. This act shall become effective November 1, 2025.

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23  60-1-1341      CN  1/19/2025 5:40:27 AM

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    Req. No. 1341                                              Page 3