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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2088 By: Deevers
AS INTRODUCED
An Act relating to firearm regulation; amending 21
O.S. 2021, Section 1289.24, which relates to state
preemption; expanding scope of state preemption
provision to include firearm and ammunition
components; prohibiting the adoption of policies or
resolutions that violate state preemption provision;
clarifying procedures that authorize the filing of
civil actions; authorizing award of court costs and
certain fees to aggrieved party; updating statutory
language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, 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, air powered air-powered pistols, air powered air-powered
rifles, knives, firearm and ammunition components, ammunition and
supplies to the complete exclusion of any order, policy, ordinance,
resolution, or regulation by any municipality, agency, or other
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political subdivision of this state. Any existing or future orders,
policies, ordinances, resolutions, 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 air-powered pistol or air
powered 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, agency, or other political subdivision of this
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state as disorderly conduct, disturbing the peace or a 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, agency, or other political subdivision of
this state shall adopt any order, policy, ordinance, resolution, 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, firearm and ammunition components, ammunition and supplies.
C. Except as hereinafter provided, this This section shall not
be construed to prohibit any order, policy, ordinance, resolution,
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 by any
order, policy, ordinance, resolution, or regulation promulgated or
enforced by any person, municipality, agency, or other political
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subdivision of this state, the person whose rights have been
violated shall have the right to bring a civil action against the
persons person, government employee if the government employee was
acting beyond the scope of employment, municipality, and agency, or
political subdivision jointly and severally for injunctive relief or
monetary damages or both.
E. A court may require the person, municipality, agency, or
political subdivision to pay court costs, expert witness fees, and
attorney fees to the aggrieved party in a civil action filed
pursuant to the provisions of subsection D of this section if:
1. The aggrieved party provides written notice of the unlawful
order, policy, ordinance, resolution, or regulation by certified,
first-class mail or service of process to the clerk of the
municipality or to the designated agent of the municipality, agency,
or political subdivision and allows the person, municipality,
agency, or political subdivision ninety (90) days to rescind,
repeal, or otherwise abrogate the order, policy, ordinance,
resolution, or regulation; and
2. A court rules in favor of the aggrieved person whose rights
were violated and the issue in controversy is governed by previously
settled law.
If the person, municipality, agency, or political subdivision
fails to rescind, repeal, or otherwise abrogate the unlawful order,
policy, ordinance, resolution, or regulation within ninety (90) days
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of the required notice, as provided in paragraph 1 of this
subsection, and the order, policy, ordinance, resolution, or
regulation is subsequently rescinded, repealed, or otherwise
abrogated after the aggrieved party files suit, the aggrieved party
shall retain standing in the civil action and may recover damages,
court costs, expert witness fees, and attorney fees.
F. As used in this section, air powered pistol “air-powered
pistol” or air powered rifle is “air-powered rifle” means 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 four hundred (400) feet per second.
SECTION 2. This act shall become effective November 1, 2026.
60-2-3450 BRC 1/15/2026 12:22:42 PM