ENROLLED HOUSE
BILL NO. 3367	By:	Echols, Turner, Ritze and Bennett of the House

				and

		Dahm of the Senate

An Act relating to crimes and punishments; amending 21 O.S. 2011, Section 1289.24, as amended by Section 22, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2013, Section 1289.24), which relates to the Firearms Act of 1971; expanding scope of state preemption to include knives; and providing an effective date.

SUBJECT:  State preemption of weapons regulation

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

SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1289.24, as amended by Section 22, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2013, Section 1289.24), is amended to read as follows:

Section 1289.24

FIREARM REGULATION – STATE PREEMPTION

A.  1.  The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, knives, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state.  Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.

2.  A municipality may adopt any ordinance:

a.	relating to the discharge of firearms within the jurisdiction of the municipality, and

b.	allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act.

3.  As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.

B.  No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, knives, components, ammunition, and supplies.

C.  Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes.  Provided, however, no municipal ordinance relating to transporting a firearm or knife improperly may include a provision for confiscation of property.

D.  When a person's rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both.

SECTION 2.  This act shall become effective November 1, 2014.

Passed the House of Representatives the 24th day of February, 2014.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the 22nd day of April, 2014.

	
	Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________