Citation(s) from the literature library

State of Oklahoma. 2012 ‘Okla. Stat. Ann. tit. 21, § 1289.24(A)(1), etc..’ Firearms Law Database - Local Authority to Regulate Firearms in Oklahoma. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 3 January

Relevant contents

Local Authority to Regulate Firearms in Oklahoma

Oklahoma has a detailed preemption statute that provides:

The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, 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.

Oklahoma also prohibits any political subdivision from adopting 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, components, ammunition, and supplies." Municipalities may, however, adopt an ordinance:

- Relating to the discharge of firearms within the jurisdiction; or
- Allowing the municipality to issue a traffic citation for transporting a loaded pistol in a vehicle without a valid concealed handgun permit, provided however, that penalties contained for violation of such ordinance shall not exceed the penalties established in the Oklahoma Self-Defense Act.

In addition, Oklahoma does not prohibit "any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality." No municipal ordinance relating to transportation of a firearm improperly may include a provision for confiscation of property.

Oklahoma law states that, in enacting the Oklahoma Self-Defense Act (providing for licenses to carry concealed handguns), the state "finds it necessary to occupy the field of regulation of the bearing of concealed handguns."

There is no case law interpreting these statutory provisions.

The Oklahoma Attorney General has opined, however, that the boards of Oklahoma's public libraries may ban patrons from bringing concealed weapons into the libraries. While Okla. Stat. Ann. tit. 21, § 1289.24(A) preempts firearm-related ordinances by "political subdivisions," which may include a county or multi-county library, the Attorney General stated that "a plain reading of [Oklahoma's concealed weapons licensing and preemption statutes] expresses a specific legislative intent to allow Libraries [sic], as property owners, to control the possession of weapons on property owned or controlled by the library" to the extent of the boundaries of their property.

Finally, Okla. Stat. Ann. tit. 21, § 1289.24(D) provides that when a person's rights under section 1289.24 have been violated, the person shall have the right to bring a civil action against the responsible persons, municipality, and political subdivision jointly and severally for injunctive relief, monetary damages or both such remedies. The Attorney General has opined that section 1289.24(D) does not impose civil liability on a municipal or county law enforcement officer if the officer acts in conformity with state law in seizing a firearm transported in violation of section 1289.13A (improper transportation of a firearm) or other state firearm-related statutes…

ID: Q7732

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