Bill Text For SB0631 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 58th Legislature (2021)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 631                         By: Hamilton, Bullard,            |
 5|                                         Bergstrom, Rogers,            |
  |                                         Stephens, Dahm, Newhouse,     |
 6|                                         Burns, Murdock, Pemberton,    |
  |                                         Pederson, Jett, Garvin,       |
 7|                                         Standridge, Montgomery and    |
  |                                         Taylor of the Senate          |
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  |                                         and                           |
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  |                                         Roberts (Sean), Hardin        |
10|                                         (David), Grego, Smith, West   |
  |                                         (Kevin), Bashore, Davis,      |
11|                                         McDugle, Townley, Olsen,      |
  |                                         Randleman, Kendrix,           |
12|                                         Steagall, Boles, Mize,        |
  |                                         Gann, Crosswhite Hader,       |
13|                                         Williams and Stearman of      |
  |                                         the House                     |
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16|       An Act relating to infringement of Second Amendment             |
  |       rights; creating the Second Amendment Sanctuary State           |
17|       Act; preempting field of legislation; considering               |
  |       certain action as infringing on the right to keep and           |
18|       bear arms; directing courts and law enforcement                 |
  |       agencies to protect certain rights of law-abiding               |
19|       citizens; clarifying provisions; providing                      |
  |       definition; providing for codification; and declaring           |
20|       an emergency.                                                   |
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23|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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arsid8142155 (Floor Amendments Only)                               Page 1
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 1|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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 2|in the Oklahoma Statutes as Section 1289.24d of Title 21, unless       |
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 3|there is created a duplication in numbering, reads as follows:         |
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 4|    This act shall be known and may be cited as the "Second            |
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 5|Amendment Sanctuary State Act".                                        |
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 6|    SECTION 2.     NEW LAW     A new section of law to be codified     |
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 7|in the Oklahoma Statutes as Section 1289.24e of Title 21, unless       |
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 8|there is created a duplication in numbering, reads as follows:         |
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 9|    A.  The State Legislature hereby occupies and preempts the         |
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10|entire field of legislation by any agency of this state or any         |
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11|political subdivision in this state to infringe upon the rights of a   |
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12|citizen of the State of Oklahoma, the unalienable right to keep and    |
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13|bear arms as guaranteed to them by the Second Amendment of the         |
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14|United States Constitution.                                            |
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15|    B.  Any federal, state, county or municipal act, law, executive    |
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16|order, administrative order, court order, rule, policy or regulation   |
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17|ordering the buy-back, confiscation or surrender of firearms,          |
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18|firearm accessories or ammunition from law-abiding citizens of this    |
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19|state shall be considered an infringement on the rights of citizens    |
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20|to keep and bear arms as guaranteed by the Second Amendment of the     |
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21|Constitution of the United States and Article II, Section 26 of the    |
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22|Constitution of Oklahoma.                                              |
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23|    C.  It shall be the duty of the courts and law enforcement         |
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24|agencies of this state to protect the rights of law-abiding citizens   |
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arsid8142155 (Floor Amendments Only)                               Page 2
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 1|to keep and to bear arms within the borders of this state and to       |
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 2|protect these rights from the infringement provided under the          |
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 3|provisions of this act.                                                |
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 4|    D.  The preemption provided in this act shall include:             |
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 5|    1.  Any regulation of arms and ammunition, pursuant to the         |
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 6|National Firearms Act of 1934, prohibited or regulated on or after     |
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 7|the effective date of this act; and                                    |
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 8|    2.  Any regulations or provision of the Gun Control Act of 1968,   |
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 9|prohibited or regulated on or after the effective date of this act.    |
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10|    E.  For purposes of this section:                                  |
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11|    1.  "Arms" is defined as any firearm, firearm part, accessory or   |
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12|ammunition required to render that firearm operable and effective;     |
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13|    2.  "Infringement" shall mean any law that reduces, represses,     |
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14|diminishes or subverts the right to keep and bear arms, ammunition,    |
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15|parts and accessories in any amount that is legal as of the            |
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16|effective date of this act of any citizen in this state; and           |
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17|    3.  "Law-abiding citizen" means a person who is not otherwise      |
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18|precluded under state law from possessing a firearm and shall not be   |
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19|construed to include anyone who is not legally present in the United   |
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20|States or this state.                                                  |
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21|    SECTION 3.  It being immediately necessary for the preservation    |
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22|of the public peace, health or safety, an emergency is hereby          |
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23|declared to exist, by reason whereof this act shall take effect and    |
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24|be in full force from and after its passage and approval.              |
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arsid8142155 (Floor Amendments Only)                               Page 3
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 2|COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 03/30/2021 -    |
  |DO PASS, As Coauthored.                                                |
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arsid8142155 (Floor Amendments Only)                               Page 4
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