1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 1644 By: Maynard |
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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 the possession of |
8| firearms on school property; authorizing the storage |
| of firearms and weapons in unattended vehicles on |
9| school property; requiring firearms and weapons be |
| hidden from view; amending 21 O.S. 2021, Section |
10| 1289.7, which relates to firearms in vehicles; |
| authorizing the storage of firearms in vehicles; |
11| expanding scope of certain prohibited act; and |
| providing an effective date. |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is |
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17|amended to read as follows: |
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18| Section 1280.1 |
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19| POSSESSION OF FIREARM ON SCHOOL PROPERTY |
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20| A. It shall be unlawful for any person to have in his or her |
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21|possession on any public or private school property or while in any |
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22|school bus or vehicle used by any school for transportation of |
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23|students or teachers any firearm or weapon designated in Section |
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1|1272 of this title, except as provided in subsection C of this |
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2|section or as otherwise authorized by law. |
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3| B. For purposes of this section: |
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4| 1. "School property" means any publicly owned property held for |
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5|purposes of elementary, secondary or vocational-technical education, |
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6|and shall not include property owned by public school districts or |
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7|where such property is leased or rented to an individual or |
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8|corporation and used for purposes other than educational; |
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9| 2. "Private school" means a school that offers a course of |
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10|instruction for students in one or more grades from prekindergarten |
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11|through grade twelve and is not operated by a governmental entity; |
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12|and |
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13| 3. "Motor vehicle" means any automobile, truck, minivan or |
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14|sports utility vehicle. |
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15| C. Firearms and weapons are allowed on school property and |
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16|deemed not in violation of subsection A of this section as follows: |
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17| 1. A An unloaded gun or knife designed for hunting or fishing |
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18|purposes kept in a privately owned vehicle and properly displayed or |
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19|stored as required by law, provided such vehicle containing said gun |
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20|or knife is driven onto school property only to transport a student |
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21|to and from school and such vehicle does not remain in a locked |
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22|container or locked firearms rack and hidden from view in the motor |
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23|vehicle when the motor vehicle is left unattended on school |
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24|property; |
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1| 2. A gun or knife used for the purposes of participating in the |
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2|Oklahoma Department of Wildlife Conservation certified hunter |
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3|training education course or any other hunting, fishing, safety or |
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4|firearms training courses, or a recognized firearms sports event, |
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5|team shooting program or competition, or living history reenactment, |
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6|provided the course or event is approved by the principal or chief |
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7|administrator of the school where the course or event is offered, |
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8|and provided the weapon is properly displayed or stored as required |
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9|by law pending participation in the course, event, program or |
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10|competition; |
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11| 3. Weapons in the possession of any peace officer or other |
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12|person authorized by law to possess a weapon in the performance of |
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13|his or her duties and responsibilities; |
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14| 4. A concealed or unconcealed weapon carried onto private |
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15|school property or in any school bus or vehicle used by any private |
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16|school for transportation of students or teachers by a person who is |
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17|licensed pursuant to the Oklahoma Self-Defense Act, provided a |
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18|policy has been adopted by the governing entity of the private |
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19|school that authorizes the possession of a weapon on private school |
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20|property or in any school bus or vehicle used by a private school. |
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21|Except for acts of gross negligence or willful or wanton misconduct, |
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22|a governing entity of a private school that adopts a policy which |
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23|authorizes the possession of a weapon on private school property, a |
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24|school bus or vehicle used by the private school shall be immune |
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1|from liability for any injuries arising from the adoption of the |
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2|policy. The provisions of this paragraph shall not apply to claims |
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3|pursuant to the Workers' Compensation Code; |
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4| 5. A gun, knife, bayonet or other weapon in the possession of a |
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5|member of a veterans group, the national guard, active military, the |
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6|Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to |
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7|participate in a ceremony, assembly or educational program approved |
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8|by the principal or chief administrator of a school or school |
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9|district where the ceremony, assembly or educational program is |
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10|being held; provided, however, the gun or other weapon that uses |
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11|projectiles is not loaded and is inoperable at all times while on |
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12|school property; |
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13| 6. A handgun carried in a motor vehicle pursuant to a valid |
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14|handgun license authorized by the Oklahoma Self-Defense Act onto |
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15|property set aside by a public or private elementary or secondary |
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16|school for the use or parking of any vehicle; provided, however, |
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17|said handgun shall be stored and hidden from view in a locked motor |
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18|vehicle when the motor vehicle is left unattended on school |
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19|property; and |
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20| 7. A handgun carried onto public school property by school |
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21|personnel who have been designated by the board of education, |
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22|provided such personnel either: |
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1| a. possess a valid armed security guard license as |
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2| provided for in Section 1750.1 et seq. of Title 59 of |
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3| the Oklahoma Statutes, or |
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4| b. hold a valid reserve peace officer certification as |
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5| provided for in Section 3311 of Title 70 of the |
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6| Oklahoma Statutes, |
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7|if a policy has been adopted by the board of education of the school |
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8|district that authorizes the carrying of a handgun onto public |
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9|school property by such personnel. Nothing in this subsection shall |
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10|be construed to restrict authority granted elsewhere in law to carry |
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11|firearms. |
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12| D. Any person violating the provisions of this section shall, |
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13|upon conviction, be guilty of a misdemeanor punishable by a fine of |
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14|not to exceed Two Hundred Fifty Dollars ($250.00). |
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15| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1289.7, is |
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16|amended to read as follows: |
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17| Section 1289.7 |
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18| FIREARMS IN VEHICLES |
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19| A. Any person who is not otherwise prohibited by law from |
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20|possessing or purchasing a firearm and is not carrying or |
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21|transporting a firearm in the furtherance of a crime may transport |
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22|and store in or on a vehicle a firearm, loaded or unloaded, at any |
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23|time. |
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1| B. Any person, eighteen (18) to twenty (20) years of age, who |
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2|is not otherwise prohibited by law from possessing or purchasing a |
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3|firearm and is not carrying or transporting a firearm in the |
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4|furtherance of a crime may transport and store in or on a vehicle, |
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5|open or concealed, an unloaded firearm at any time. |
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6| C. It shall be unlawful for any person transporting or storing |
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7|a firearm in or on a vehicle to fail or refuse to identify that the |
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8|person is in actual possession of a firearm when demanded by a law |
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9|enforcement officer of this state during any arrest, detainment or |
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10|routine traffic stop. Any person who violates the provisions of |
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11|this subsection may be issued a citation for an amount not to exceed |
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12|One Hundred Dollars ($100.00). |
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13| SECTION 3. This act shall become effective November 1, 2023. |
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15| 59-1-5671 GRS 01/07/23 |
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