1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2055 By: Hardin
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6 AS INTRODUCED
7 An Act relating to firearm suppressors; creating the
Sportsman Hearing Protection Act; defining terms;
8 providing requirements for manufacturing firearm
suppressors in Oklahoma; providing certain exemption
9 from federal laws and federal regulations; declaring
firearm suppressors manufactured in Oklahoma exempt
10 from federal regulation; requiring certain stamp on
firearm suppressors manufactured and sold in
11 Oklahoma; directing Attorney General to seek
declaratory judgments under certain circumstances;
12 stating applicability of statute; prohibiting certain
entities from adopting or imposing rules, ordinances,
13 policies or restrictions regulating firearm
suppressors that contravene state law; prohibiting
14 certain entities and employees from enforcing or
attempting to enforce certain federal statutes,
15 orders, rules or regulations; prohibiting certain
entities from receiving state grant funds under
16 certain circumstances; authorizing citizens to file
complaints with the Attorney General; stating
17 procedures for filing complaint; authorizing Attorney
General to seek certain relief if complaint is
18 determined to be valid; providing for the recovery of
reasonable expenses and attorney fees; providing for
19 appellate relief; providing for noncodification;
providing for codification; and declaring an
20 emergency.
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23 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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1 SECTION 1. NEW LAW A new section of law not to be
2 codified in the Oklahoma Statutes reads as follows:
3 This act shall be known and may be cited as the "Sportsman
4 Hearing Protection Act".
5 SECTION 2. NEW LAW A new section of law to be codified
6 in the Oklahoma Statutes as Section 1289.31 of Title 21, unless
7 there is created a duplication in numbering, reads as follows:
8 A. As used in this act:
9 1. "Firearm" means a rifle, pistol, or shotgun;
10 2. "Firearm suppressor" means any device designed, made, or
11 adapted to muffle the report of a firearm;
12 3. "Generic and insignificant part" means an item that has
13 manufacturing or consumer product applications other than inclusion
14 in a firearm suppressor. The term includes a spring, screw, nut,
15 and pin; and
16 4. "Manufacture" includes forging, casting, machining, or any
17 other process for working a material.
18 B. For the purposes of this act, a firearm suppressor is
19 manufactured in this state if the item is manufactured:
20 1. In this state from basic materials; and
21 2. Without the inclusion of any part imported from another
22 state other than a generic and insignificant part.
23 C. For the purposes of this act, a firearm suppressor is
24 manufactured in this state if it is manufactured as described by
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1 subsection B of this section without regard to whether a firearm
2 imported into this state from another state is attached to or used
3 in conjunction with the suppressor.
4 D. A firearm suppressor that is manufactured in this state and
5 remains in this state is not subject to federal law or federal
6 regulation, including registration, under the authority of the
7 United States Congress to regulate interstate commerce.
8 E. A basic material from which a firearm suppressor is
9 manufactured in this state, including unmachined steel, is not a
10 firearm suppressor and is not subject to federal regulation under
11 the authority of the United States Congress to regulate interstate
12 commerce as if it actually were a firearm suppressor.
13 F. A firearm suppressor manufactured and sold in this state
14 must have the words "Made in Oklahoma" clearly stamped on the
15 firearm suppressor.
16 G. On written notification to the Office of the Attorney
17 General of this state by a United States citizen who resides in this
18 state of the intent of the citizen to manufacture a firearm
19 suppressor to which subsection D of this section applies, the
20 Attorney General shall seek a declaratory judgment from a federal
21 district court in this state that subsection D of this section is
22 consistent with the United States Constitution.
23 H. The provisions of this section shall apply to:
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1 1. The State of Oklahoma, including an agency, department,
2 commission, bureau, board, office, council, court, or other entity
3 that is in any branch of state government and that is created by the
4 Oklahoma Constitution or a statute of this state, including a
5 university system or a system of higher education;
6 2. The governing body of a municipality, county, district, or
7 authority; and
8 3. An officer, employee, or other body that is part of a
9 municipality, county, special district or authority, including a
10 sheriff, municipal police department, municipal attorney or district
11 attorney.
12 I. An entity described by subsection H of this section may not
13 adopt a rule, order, ordinance, or policy under which the entity
14 enforces or, by consistent action, allows the enforcement of, a
15 federal statute, order, rule, or regulation that purports to
16 regulate a firearm suppressor if the statute, order, rule, or
17 regulation imposes a prohibition, restriction, or other regulation
18 that does not exist under the laws of this state.
19 J. No entity described by subsection H of this section and no
20 person employed by or otherwise under the direction or control of
21 the entity may enforce or attempt to enforce any federal statute,
22 order, rule, or regulation described by subsection I of this
23 section.
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1 K. An entity described by subsection H of this section may not
2 receive state grant funds if the entity adopts a rule, order,
3 ordinance, or policy under which the entity enforces a federal law
4 described by subsection I of this section or, by consistent action,
5 allows the enforcement of a federal law described by subsection I of
6 this section.
7 L. State grant funds for the entity shall be denied for the
8 fiscal year following the year in which a final judicial
9 determination in an action brought under the provisions of this act
10 is made that the entity has violated subsection I of this section.
11 M. Any citizen residing in the jurisdiction of an entity
12 described by subsection H of this section may file a complaint with
13 the Office of the Attorney General if the citizen offers evidence to
14 support an allegation that the entity has adopted a rule, order,
15 ordinance, or policy under which the entity enforces a federal law
16 described by subsection I of this section or that the entity, by
17 consistent action, allows the enforcement of a federal law described
18 by subsection I of this section. The citizen shall include with the
19 complaint any evidence the citizen has in support of the complaint.
20 N. If the Attorney General determines that a complaint filed
21 under subsection M of this section against an entity described by
22 subsection H of this section is valid, the Attorney General may file
23 a petition for a writ of mandamus or apply for other appropriate
24 equitable relief in the District Court of Oklahoma County or in a
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1 county in which the principal office of the entity is located. The
2 Attorney General may recover reasonable expenses incurred obtaining
3 relief under this subsection, including court costs, reasonable
4 attorney fees, investigative costs, witness fees, and deposition
5 costs.
6 O. An appeal of a suit brought under subsection N of this
7 section shall be governed by the procedures for appeals in civil
8 cases under the Oklahoma Rules of Appellate Procedure. The
9 appellate court shall render its final order or judgment with the
10 least possible delay.
11 SECTION 3. It being immediately necessary for the preservation
12 of the public peace, health or safety, an emergency is hereby
13 declared to exist, by reason whereof this act shall take effect and
14 be in full force from and after its passage and approval.
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16 59-1-5316 GRS 12/12/22
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