Oklahoma Riot Control and Prevention Act

Senate Bill 1760 will amend the Oklahoma Riot Control and Prevention Act to state that “Nothing in this section shall be construed to allow any official of a municipal or state entity to prohibit or suspend the sale, ownership, possession, transportation, carrying, registration, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.”

The law currently reads

§21-1321.4.  Acts which may be proclaimed prohibited.

(a)  The Governor during the existence of a state of emergency, by proclamation, may, in the area described by the proclamation, which said proclamation shall not cover any part or portion of the state not affected by public disorder, disaster, or riot at the time said proclamation is issued, prohibit:

(1)  any person being on the public streets, or in the public parks or at any other public place during the hours declared by the Governor to be a period of curfew;

(2)  a designated number of persons, as designated by the Governor, from assembling or gathering on the public streets, parks, or other open areas of this state, either public or private;

(3)  the manufacture, transfer, use, possession or transportation of a molotov cocktail or any other device, instrument or object designed to explode or produce uncontained combustion;

(4)  the transporting, possessing or using of gasoline, kerosene, or combustible, flammable, or explosive liquids or materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5)  the sale, purchase or dispensing of alcoholic beverages;

(6)  the sale, purchase or dispensing of other commodities or goods, as he reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace;

(7)  the use of certain streets, highways or public ways by the public; and

(8)  such other activities as he reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.

(b)  In imposing the restrictions provided for by this act, the Governor may impose them for such times, upon such conditions, with such exceptions and in such areas of this state the Governor from time to time deems necessary.