Oklahoma Firearms Freedom Act

 HB1291 “Oklahoma Firearms Freedom Act”, restates articles 2, 9, and 10 of the United States Constitution and Article II, Section 26, of the Oklahoma Constitution as a basis for the law. It reads in part “A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Oklahoma and that remains within the borders of Oklahoma is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.  It is declared by the Legislature that those items have not traveled in interstate commerce.  This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Oklahoma from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.  Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition, and their importation into Oklahoma and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Oklahoma does not subject the firearm, firearm accessory, or ammunition to federal regulation.  It is declared by the Legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearm accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearm accessories, and ammunition under interstate commerce as if they were actually firearms, firearm accessories, or ammunition.  The authority of Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm accessories, and ammunition made in Oklahoma from those materials.  Firearm accessories that are imported into Oklahoma from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Oklahoma.”

Certain restrictions apply such as those firearms that require more than one person to operate, those with a bore in excess of 1 ½ inches, those using smokeless powder and ammunition that explodes using chemicals after the projectile has left the firearm. Additionally, this will only apply to those items manufactured and retained in Oklahoma after November 1, 2011. Firearms and accessories being regulated prior to this date will still be subject to federal regulation. Items to be covered must also have a “Made in Oklahoma” stamp on a central metallic part. This is also not the first attempt at such a law.

It is also important to note that the majority of related items bought and sold in this state are not manufactured here. But according to Representative Jay Paul Gumm the state has been working diligently to attract firearms manufacturers to Oklahoma. There are a few at this time. Until more are manufactured in Oklahoma, this may be largely ceremonial if passed.

Bill Link http://webserver1.lsb.state.ok.us/2011-12HB/HB1291_int.rtf