§ 21-1289.24 — Firearm regulation - State preemption.

Oklahoma § 21-1289.24

• Jurisdiction: Oklahoma
• Title 21: Crimes And Punishments

Text

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, air powered pistols, air powered rifles, 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, 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, and c. allowing the municipality to issue a citation to an individual or the parent or guardian of a minor who discharges an air powered pistol or air powered rifle in an intentional or negligent manner which causes the projectile to leave the intended premises. 3. As provided in the preemption provisions of this section, the otherwise lawful carrying or possession of a firearm under the provisions of Chapter 53 of this title 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. 4. A public or private school may create a policy regulating the possession of knives on school property or in any school bus or vehicle used by the school for purposes of transportation. 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. E. As used in this section, air powered pistol or air powered rifle is any pistol or rifle that uses compressed air or other compressed gas to project plastic BB-like or pellet-like projectiles at a speed not exceeding 400 feet per second.

Legislative History

Added by Laws 1985, c. 28, § 2, eff. Nov. 1, 1985. Amended by Laws 1985, c. 223, § 1, eff. Nov. 1, 1985; Laws 1995, c. 272, § 56, eff. Sept. 1, 1995; Laws 1996, c. 191, § 9, emerg. eff. May 16, 1996; Laws 2003, c. 465, § 5, eff. July 1, 2003; Laws 2004, c. 220, § 1, eff. Nov. 1, 2004; Laws 2012, c. 259, § 22, eff. Nov. 1, 2012; Laws 2015, c. 241, § 1, eff. Nov. 1, 2015; Laws 2019, c. 1, § 8, eff. Nov. 1, 2019; Laws 2021, c. 310, § 1, eff. Nov. 1, 2021.