1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1021 By: Olsen |
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4| |
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5| AS INTRODUCED |
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6| An Act relating to firearms; amending 21 O.S. 2021, |
| Section 1277, which relates to the unlawful carry of |
7| firearms in certain places; modifying scope of |
| certain prohibited act; providing an exception; |
8| prohibiting the carry of firearms into certain |
| places; deleting construing provisions; authorizing |
9| the concealed carry of handguns into buildings and on |
| fairgrounds during the Oklahoma and Tulsa State |
10| Fairs; authorizing event holders to allow for the |
| open carry of lawful firearms during the Oklahoma and |
11| Tulsa State Fairs; authorizing public trusts and |
| nonprofit entities to allow for the open carry of |
12| lawful firearms on public trust property; amending 21 |
| O.S. 2021, Section 1290.22, which relates to the |
13| Oklahoma Self-Defense Act; prohibiting the carry of |
| concealed or unconcealed firearms at certain events; |
14| deleting certain prohibition; and providing an |
| effective date. |
15| |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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17| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is |
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18|amended to read as follows: |
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19| Section 1277. |
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20| UNLAWFUL CARRY IN CERTAIN PLACES |
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21| A. It shall be unlawful for any person, including a person in |
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22|possession of a valid handgun license issued pursuant to the |
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23|provisions of the Oklahoma Self-Defense Act, to carry any concealed |
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24|or unconcealed firearm into any of the following places: |
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1| 1. Any structure, building, or office space which is owned or |
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2|leased by a city, town, county, the state or federal governmental |
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3|authority for the purpose of conducting business with the public; |
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4| 2. Any courthouse, courtroom, prison, jail, detention facility |
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5|or any facility used to process, hold or house arrested persons, |
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6|prisoners or persons alleged delinquent or adjudicated delinquent, |
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7|except as provided in Section 21 of Title 57 of the Oklahoma |
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8|Statutes; |
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9| 3. Any public or private elementary or public or private |
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10|secondary school, except as provided in subsections C and D of this |
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11|section; |
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12| 4. Any publicly owned or operated sports arena or venue during |
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13|a professional sporting event, unless allowed by the event holder; |
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14| 5. Any place where gambling is authorized by law, unless |
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15|allowed by the property owner; |
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16| 6. Any other place specifically prohibited by law; and |
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17| 7. Any public property set aside by a county, city, town, |
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18|public trust with a county, city or town as a beneficiary, or state |
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19|governmental authority for an event that is secured with |
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20|minimum-security provisions; provided, however, the provisions of |
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21|this paragraph shall not apply to and specifically exclude events |
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22|held on the fairgrounds and in buildings of the fairgrounds that are |
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23|open to the general public during the Oklahoma State Fair or the |
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24|Tulsa State Fair. For purposes of this paragraph, a |
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1|minimum-security provision consists of a location that is secured |
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2|utilizing the following: |
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3| a. a metallic-style security fence that is at least |
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4| eight (8) feet in height that encompasses the property |
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5| and is secured in such a way as to deter unauthorized |
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6| entry, |
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7| b. controlled access points staffed by a uniformed, |
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8| commissioned peace officer, and |
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9| c. a metal detector whereby persons walk or otherwise |
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10| travel with their property through or by the metal |
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11| detector; |
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12| 8. Any public building used for a public meeting conducted |
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13|under the Oklahoma Open Meeting Act, unless otherwise authorized by |
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14|law; |
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15| 9. Any public facility providing substance abuse or mental |
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16|health services or any facilities providing substance abuse programs |
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17|to persons who are under the direct supervision of the state, a |
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18|county or municipality, unless otherwise authorized by law; and |
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19| 10. The State Capitol Building, unless otherwise authorized by |
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20|law. |
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21| B. It shall be lawful for a person to carry a concealed or |
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22|unconcealed firearm on the following properties: |
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1| 1. Any property set aside for the use or parking of any |
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2|vehicle, whether attended or unattended, by a city, town, county, |
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3|state or federal governmental authority; |
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4| 2. Any property set aside for the use or parking of any |
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5|vehicle, whether attended or unattended, which is open to the |
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6|public, or by any entity engaged in gambling authorized by law; |
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7| 3. Any property adjacent to a structure, building or office |
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8|space in which concealed or unconcealed weapons are prohibited by |
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9|the provisions of this section; |
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10| 4. Any property designated by a city, town, county or state |
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11|governmental authority as a park, recreational area, wildlife |
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12|refuge, wildlife management area, or state or county fairgrounds; |
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13|provided, nothing in this paragraph shall be construed to authorize |
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14|any entry by a person in possession of a concealed or unconcealed |
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15|firearm into any structure, building, office space or event which is |
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16|specifically prohibited by the provisions of subsection A of this |
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17|section; |
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18| 5. Any property set aside by a public or private elementary or |
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19|secondary school for the use or parking of any vehicle, whether |
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20|attended or unattended; provided, however, the firearm shall be |
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21|stored and hidden from view in a locked motor vehicle when the motor |
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22|vehicle is left unattended on school property; and |
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23| 6. Any public property set aside temporarily by a county, city, |
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24|town, public trust with a county, city or town as a beneficiary, or |
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1|state governmental authority for the holder of an event permit that |
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2|is without minimum-security provisions, as such term is defined in |
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3|paragraph 7 of subsection A of this section; provided, the carry of |
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4|firearms within said permitted event area shall be limited to |
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5|concealed carry of a handgun unless otherwise authorized by the |
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6|holder of the event permit; and |
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7| 7. On the fairgrounds and in buildings located on the |
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8|fairgrounds that are open to the general public during the Oklahoma |
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9|State Fair or the Tulsa State Fair; provided, the handgun is carried |
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10|in a concealed manner. The event holder shall be authorized to |
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11|allow for the open carry of all lawful firearms during the Oklahoma |
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12|State Fair or the Tulsa State Fair. |
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13| Nothing contained in any provision of this subsection or |
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14|subsection C of this section shall be construed to authorize or |
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15|allow any person in control of any place described in subsection A |
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16|of this section to establish any policy or rule that has the effect |
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17|of prohibiting any person in lawful possession of a handgun license |
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18|or otherwise in lawful possession of a firearm from carrying or |
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19|possessing the firearm on the property described in this subsection. |
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20| C. A concealed or unconcealed weapon may be carried onto |
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21|private school property or in any school bus or vehicle used by any |
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22|private school for transportation of students or teachers by a |
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23|person who is licensed pursuant to the Oklahoma Self-Defense Act, |
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24|provided a policy has been adopted by the governing entity of the |
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1|private school that authorizes the carrying and possession of a |
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2|weapon on private school property or in any school bus or vehicle |
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3|used by a private school. Except for acts of gross negligence or |
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4|willful or wanton misconduct, a governing entity of a private school |
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5|that adopts a policy which authorizes the possession of a weapon on |
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6|private school property, a school bus or vehicle used by the private |
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7|school shall not be subject to liability for any injuries arising |
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8|from the adoption of the policy. The provisions of this subsection |
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9|shall not apply to claims pursuant to the Administrative Workers' |
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10|Compensation Act. |
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11| D. Notwithstanding paragraph 3 of subsection A of this section, |
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12|a board of education of a school district may adopt a policy |
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13|pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to |
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14|authorize the carrying of a handgun onto school property by school |
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15|personnel specifically designated by the board of education, |
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16|provided such personnel either: |
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17| 1. Possess a valid armed security guard license as provided for |
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18|in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or |
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19| 2. Hold a valid reserve peace officer certification as provided |
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20|for in Section 3311 of Title 70 of the Oklahoma Statutes. |
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21|Nothing in this subsection shall be construed to restrict authority |
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22|granted elsewhere in law to carry firearms. |
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23| |
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1| E. Notwithstanding the provisions of subsection A of this |
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2|section, on any property designated as a municipal zoo or park of |
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3|any size that is owned, leased, operated or managed by: |
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4| 1. A public trust created pursuant to the provisions of Section |
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5|176 of Title 60 of the Oklahoma Statutes; or |
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6| 2. A nonprofit entity, |
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7|an individual shall be allowed to carry a concealed handgun but not |
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8|openly carry a handgun on the property. The public trust or |
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9|nonprofit entity shall be authorized to allow for the open carry of |
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10|all lawful firearms on the property of the public trust or nonprofit |
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11|entity. |
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12| F. Any person violating the provisions of paragraph 2 or 3 of |
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13|subsection A of this section shall, upon conviction, be guilty of a |
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14|misdemeanor punishable by a fine not to exceed Two Hundred Fifty |
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15|Dollars ($250.00). A person violating any other provision of |
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16|subsection A of this section may be denied entrance onto the |
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17|property or removed from the property. If the person refuses to |
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18|leave the property and a peace officer is summoned, the person may |
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19|be issued a citation for an amount not to exceed Two Hundred Fifty |
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20|Dollars ($250.00). |
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21| G. No person in possession of a valid handgun license issued |
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22|pursuant to the provisions of the Oklahoma Self-Defense Act or who |
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23|is carrying or in possession of a firearm as otherwise permitted by |
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24|law or who is carrying or in possession of a machete, blackjack, |
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1|loaded cane, hand chain or metal knuckles shall be authorized to |
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2|carry the firearm, machete, blackjack, loaded cane, hand chain or |
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3|metal knuckles into or upon any college, university or technology |
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4|center school property, except as provided in this subsection. For |
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5|purposes of this subsection, the following property shall not be |
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6|construed to be college, university or technology center school |
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7|property: |
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8| 1. Any property set aside for the use or parking of any motor |
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9|vehicle, whether attended or unattended, provided the firearm, |
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10|machete, blackjack, loaded cane, hand chain or metal knuckles are |
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11|carried or stored as required by law and the firearm, machete, |
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12|blackjack, loaded cane, hand chain or metal knuckles are not removed |
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13|from the motor vehicle without the prior consent of the college or |
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14|university president or technology center school administrator while |
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15|the vehicle is on any college, university or technology center |
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16|school property; |
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17| 2. Any property authorized for possession or use of firearms, |
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18|machetes, blackjacks, loaded canes, hand chains or metal knuckles by |
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19|college, university or technology center school policy; and |
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20| 3. Any property authorized by the written consent of the |
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21|college or university president or technology center school |
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22|administrator, provided the written consent is carried with the |
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23|firearm, machete, blackjack, loaded cane, hand chain or metal |
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1|knuckles and the valid handgun license while on college, university |
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2|or technology center school property. |
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3| The college, university or technology center school may notify |
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4|the Oklahoma State Bureau of Investigation within ten (10) days of a |
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5|violation of any provision of this subsection by a licensee. Upon |
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6|receipt of a written notification of violation, the Bureau shall |
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7|give a reasonable notice to the licensee and hold a hearing. At the |
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8|hearing, upon a determination that the licensee has violated any |
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9|provision of this subsection, the licensee may be subject to an |
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10|administrative fine of Two Hundred Fifty Dollars ($250.00) and may |
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11|have the handgun license suspended for three (3) months. |
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12| Nothing contained in any provision of this subsection shall be |
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13|construed to authorize or allow any college, university or |
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14|technology center school to establish any policy or rule that has |
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15|the effect of prohibiting any person in lawful possession of a |
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16|handgun license or any person in lawful possession of a firearm, |
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17|machete, blackjack, loaded cane, hand chain or metal knuckles from |
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18|possession of a firearm, machete, blackjack, loaded cane, hand chain |
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19|or metal knuckles in places described in paragraphs 1, 2 and 3 of |
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20|this subsection. Nothing contained in any provision of this |
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21|subsection shall be construed to limit the authority of any college, |
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22|university or technology center school in this state from taking |
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23|administrative action against any student for any violation of any |
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24|provision of this subsection. |
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1| H. The provisions of this section shall not apply to the |
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2|following: |
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3| 1. Any peace officer or any person authorized by law to carry a |
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4|firearm in the course of employment; |
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5| 2. District judges, associate district judges and special |
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6|district judges, who are in possession of a valid handgun license |
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7|issued pursuant to the provisions of the Oklahoma Self-Defense Act |
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8|and whose names appear on a list maintained by the Administrative |
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9|Director of the Courts, when acting in the course and scope of |
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10|employment within the courthouses of this state; |
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11| 3. Private investigators with a firearms authorization when |
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12|acting in the course and scope of employment; |
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13| 4. Elected officials of a county, who are in possession of a |
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14|valid handgun license issued pursuant to the provisions of the |
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15|Oklahoma Self-Defense Act, may carry a concealed handgun when acting |
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16|in the performance of his or her duties within the courthouses of |
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17|the county in which he or she was elected. The provisions of this |
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18|paragraph shall not allow the elected county official to carry the |
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19|handgun into a courtroom; |
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20| 5. The sheriff of any county may authorize certain employees of |
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21|the county, who possess a valid handgun license issued pursuant to |
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22|the provisions of the Oklahoma Self-Defense Act, to carry a |
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23|concealed handgun when acting in the course and scope of employment |
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24|within the courthouse in the county in which the person is employed. |
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1| Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff |
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2|from requiring additional instruction or training before granting |
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3|authorization to carry a concealed handgun within the courthouse. |
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4|The provisions of this paragraph and of paragraph 6 of this |
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5|subsection shall not allow the county employee to carry the handgun |
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6|into a courtroom, sheriff's office, adult or juvenile jail or any |
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7|other prisoner detention area; and |
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8| 6. The board of county commissioners of any county may |
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9|authorize certain employees of the county, who possess a valid |
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10|handgun license issued pursuant to the provisions of the Oklahoma |
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11|Self-Defense Act, to carry a concealed handgun when acting in the |
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12|course and scope of employment on county annex facilities or grounds |
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13|surrounding the county courthouse. |
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14| I. For the purposes of this section, "motor vehicle" means any |
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15|automobile, truck, minivan, sports utility vehicle, or motorcycle, |
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16|as defined in Section 1-135 of Title 47 of the Oklahoma Statutes, |
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17|equipped with a locked accessory container within or affixed to the |
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18|motorcycle. |
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19| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.22, is |
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20|amended to read as follows: |
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21| Section 1290.22 |
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22| BUSINESS OWNER'S RIGHTS |
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23| A. Except as provided in subsections B, C and D of this |
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24|section, nothing contained in any provision of the Oklahoma |
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1|Self-Defense Act shall be construed to limit, restrict or prohibit |
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2|in any manner the existing rights of any person, property owner, |
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3|tenant, employer, liquor store, place of worship or business entity |
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4|to control the possession of weapons on any property owned or |
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5|controlled by the person or business entity. |
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6| B. No person, property owner, tenant, employer, liquor store, |
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7|holder of an event permit, place of worship or business entity shall |
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8|be permitted to establish any policy or rule that has the effect of |
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9|prohibiting any person, except a convicted felon, from transporting |
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10|and storing firearms in a locked vehicle on any property set aside |
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11|for any vehicle. |
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12| C. A property owner, tenant, employer, liquor store, place of |
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13|worship or business entity may prohibit any person from carrying a |
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14|concealed or unconcealed firearm on the property. If the building |
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15|or property is open to the public, the property owner, tenant, |
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16|employer, liquor store, place of worship or business entity shall |
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17|post signs on or about the property stating such prohibition. |
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18| D. No person, property owner, tenant, employer, liquor store, |
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19|holder of an event permit, place of worship or business entity shall |
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20|be permitted to establish any policy or rule that has the effect of |
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21|prohibiting any person from carrying a concealed or unconcealed |
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22|firearm on property within the specific exclusion provided for |
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23|specified in paragraph 4 of subsection B of Section 1277 of this |
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24| |
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1|title; provided that carrying a concealed or unconcealed firearm may |
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2|be prohibited in the following places: |
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3| 1. The portion of a public property structure or building |
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4|during an event authorized by the city, town, county, or state or |
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5|federal governmental authority owning or controlling such building |
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6|or structure; |
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7| 2. Any public property sports field including any adjacent |
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8|seating or adjacent area set aside for viewing a sporting event, |
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9|where an elementary or secondary school, collegiate, or professional |
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10|sporting event or, an International Olympic Committee or |
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11|organization or any committee subordinate to the International |
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12|Olympic Committee event, a national softball tournament event at the |
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13|USA Softball Hall of Fame Complex, or a national or international |
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14|Quarter Horse event is being held; |
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15| 3. The fairgrounds during the Oklahoma State Fair or the Tulsa |
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16|State Fair; and |
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17| 4. 3. The portion of a public property structure or building |
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18|that is leased or under contract to a business or not-for-profit |
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19|entity or group for offices. |
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20| E. The otherwise lawful carrying of a concealed or unconcealed |
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21|firearm by a person on property that has signs prohibiting the |
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22|carrying of firearms shall subject the person to being denied |
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23|entrance onto the property or removed from the property. If the |
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24|person: |
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1| 1. Has been informed by the property owner, business entity or |
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2|manager of the business that the person is in violation of a policy |
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3|that prohibits firearms on the property; and |
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4| 2. Refuses to leave the property and a peace officer is |
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5|summoned, |
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6|the person shall, upon conviction, be guilty of a misdemeanor |
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7|punishable by a fine not to exceed Two Hundred Fifty Dollars |
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8|($250.00). |
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9| F. A person, property owner, tenant, employer, liquor store, |
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10|holder of an event permit, place of worship or business entity that |
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11|does or does not prohibit any individual, except a convicted felon, |
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12|from carrying a loaded or unloaded, concealed or unconcealed weapon |
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13|on property that the person, property owner, tenant, employer, |
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14|liquor store, holder of an event permit, place of worship or |
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15|business entity owns, or has legal control of, is immune from any |
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16|liability arising from that decision. Except for acts of gross |
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17|negligence or willful or wanton misconduct, an employer who does or |
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18|does not prohibit his or her employees from carrying a concealed or |
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19|unconcealed weapon is immune from any liability arising from that |
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20|decision. A person, property owner, tenant, employer, liquor store, |
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21|holder of an event permit, place of worship or business entity that |
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22|does not prohibit persons from carrying a concealed or unconcealed |
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23|weapon pursuant to subsection D of this section shall be immune from |
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24|any liability arising from the carrying of a concealed or |
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1|unconcealed weapon, while in the scope of employment, on the |
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2|property or in or about a business entity vehicle. The provisions |
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3|of this subsection shall not apply to claims pursuant to the |
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4|Administrative Workers' Compensation Act. |
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5| G. It shall not be considered part of an employee's job |
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6|description or within the employee's scope of employment if an |
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7|employee is allowed to carry or discharge a weapon pursuant to this |
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8|section. |
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9| H. Nothing in subsections F and G of this section shall prevent |
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10|an employer, employee or person who has suffered loss resulting from |
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11|the discharge of a weapon to seek redress or damages of the person |
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12|who discharged the weapon or used the weapon outside the provisions |
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13|of the Oklahoma Self-Defense Act. |
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14| SECTION 3. This act shall become effective November 1, 2023. |
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16| 59-1-5467 GRS 12/13/22 |
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