1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1416 By: Crosswhite Hader |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to firearms; amending 21 O.S. 2021, |
| Section 1280.1, which relates to possession of |
8| firearms on school property; authorizing the |
| transport and storage of firearms and weapons on |
9| school property under certain circumstances; removing |
| certain qualifier; updating language; clarifying |
10| liability provision; considering certain individuals |
| as licensed and verified pursuant to the federal |
11| Gun-Free School Zones Act of 1990; and providing an |
| effective date. |
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13| |
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14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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15| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is |
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16|amended to read as follows: |
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17| Section 1280.1 |
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18| POSSESSION OF FIREARM ON SCHOOL PROPERTY |
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19| A. It shall be unlawful for any person to have in his or her |
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20|possession on any public or private school property or while in any |
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21|school bus or vehicle used by any school for transportation of |
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22|students or teachers any firearm or weapon designated in Section |
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23|1272 of this title, except as provided in subsection C of this |
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24|section or as otherwise authorized by law. |
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1| B. For purposes of this section: |
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2| 1. "School property" means any publicly owned property held for |
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3|purposes of elementary, secondary or vocational-technical education, |
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4|and shall not include property owned by public school districts or |
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5|where such property is leased or rented to an individual or |
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6|corporation and used for purposes other than educational; |
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7| 2. "Private school" means a school that offers a course of |
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8|instruction for students in one or more grades from prekindergarten |
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9|through grade twelve and is not operated by a governmental entity; |
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10|and |
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11| 3. "Motor vehicle" means any automobile, truck, minivan or |
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12|sports utility vehicle. |
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13| C. Firearms and weapons are allowed on school property and |
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14|deemed not in violation of subsection A of this section as follows: |
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15| 1. A gun firearm or knife designed for self-defense or for |
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16|hunting or fishing purposes kept in a privately owned vehicle and |
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17|properly displayed or stored as required by law, provided such |
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18|vehicle containing said gun or knife is driven onto school property |
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19|only to transport a student to and from school and such vehicle does |
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20|not remain unattended on school property; |
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21| 2. A gun firearm or knife used for the purposes of |
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22|participating in the Oklahoma Department of Wildlife Conservation |
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23|certified hunter training education course or any other hunting, |
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24|fishing, safety or firearms training courses, or a recognized |
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1|firearms sports event, team shooting program or competition, or |
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2|living history reenactment, provided the course or event is approved |
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3|by the principal or chief administrator of the school where the |
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4|course or event is offered, and provided the weapon firearm or knife |
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5|is properly displayed or stored as required by law pending |
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6|participation in the course, event, program or competition; |
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7| 3. Weapons Firearms or weapons in the possession of any peace |
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8|officer or other person authorized by law to possess a weapon |
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9|firearms or weapons in the performance of his or her duties and |
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10|responsibilities; |
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11| 4. A concealed or unconcealed firearm or weapon carried onto |
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12|private school property or in any school bus or vehicle used by any |
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13|private school for transportation of students or teachers by a |
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14|person who is licensed pursuant to the Oklahoma Self-Defense Act, |
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15|provided a policy has been adopted by the governing entity of the |
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16|private school that authorizes the possession of a firearm or weapon |
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17|on private school property or in any school bus or vehicle used by a |
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18|private school. Except for acts of gross negligence or willful or |
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19|wanton misconduct, a governing entity of a private school that |
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20|adopts a policy which authorizes the possession of a firearm or |
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21|weapon on private school property, a school bus or vehicle used by |
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22|the private school shall not be immune from subject to liability for |
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23|any injuries arising from the adoption of the policy. The |
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24| |
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1|provisions of this paragraph shall not apply to claims pursuant to |
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2|the Workers' Compensation Code; |
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3| 5. A gun firearm, knife, bayonet, or other weapon in the |
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4|possession of a member of a veterans group, the national guard |
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5|National Guard, active military, the Reserve Officers' Training |
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6|Corps (ROTC) or Junior ROTC, in order to participate in a ceremony, |
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7|assembly or educational program approved by the principal or chief |
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8|administrator of a school or school district where the ceremony, |
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9|assembly or educational program is being held; provided, however, |
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10|the gun firearm or other weapon that uses projectiles is not loaded |
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11|and is inoperable at all times while on school property; |
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12| 6. A handgun firearm carried in a motor vehicle pursuant to a |
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13|valid handgun license authorized by the provisions of the Oklahoma |
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14|Self-Defense Act onto property set aside by a public or private |
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15|elementary or secondary school for the use or parking of any |
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16|vehicle; provided, however, said handgun the firearm shall be stored |
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17|and hidden from view in a locked motor vehicle when the motor |
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18|vehicle is left unattended on school property; and |
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19| 7. A handgun carried onto public school property by school |
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20|personnel who have been designated by the board of education, |
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21|provided such personnel either: |
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22| a. possess a valid armed security guard license as |
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23| provided for in Section 1750.1 et seq. of Title 59 of |
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24| the Oklahoma Statutes, or |
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1| b. hold a valid reserve peace officer certification as |
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2| provided for in Section 3311 of Title 70 of the |
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3| Oklahoma Statutes, |
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4|if a policy has been adopted by the board of education of the school |
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5|district that authorizes the carrying of a handgun onto public |
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6|school property by such personnel. Nothing in this subsection shall |
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7|be construed to restrict authority granted elsewhere in law to carry |
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8|firearms. |
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9| D. Any person violating the provisions of this section shall, |
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10|upon conviction, be guilty of a misdemeanor punishable by a fine of |
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11|not to exceed Two Hundred Fifty Dollars ($250.00). |
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12| E. Considering the right to keep and bear arms provided in |
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13|Section 26 of Article II of the Oklahoma Constitution, any person |
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14|who is not precluded from lawfully owning and possessing a firearm |
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15|pursuant to state and federal law shall be considered to be |
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16|individually authorized by the State of Oklahoma within the meaning |
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17|of the provisions regarding individual licensure and verification |
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18|pursuant to the federal Gun-Free School Zones Act of 1990. |
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19| SECTION 2. This act shall become effective November 1, 2023. |
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21| 59-1-5082 GRS 01/11/23 |
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