1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|COMMITTEE SUBSTITUTE |
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5|HOUSE BILL NO. 2136 By: McDugle of the House |
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6| and |
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7| Stephens of the Senate |
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8| |
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9| COMMITTEE SUBSTITUTE |
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10| An Act relating to crimes and punishments; amending |
| 21 O.S. 2021, Section 1277, which relates to the |
11| unlawful carry of firearms in certain places; |
| providing an exception to certain prohibited act; |
12| authorizing municipalities to allow employees or |
| public officials to carry firearms under certain |
13| circumstances; providing restrictions; defining term; |
| providing construing provision; providing for the |
14| public display of firearms subject to policies; and |
| providing an effective date. |
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16| |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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18| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is |
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19|amended to read as follows: |
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20| Section 1277. |
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21| UNLAWFUL CARRY IN CERTAIN PLACES |
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22| A. It shall be unlawful for any person, including a person in |
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23|possession of a valid handgun license issued pursuant to the |
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24| |
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1|provisions of the Oklahoma Self-Defense Act, to carry any concealed |
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2|or unconcealed firearm into any of the following places: |
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3| 1. Any structure, building, or office space which is owned or |
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4|leased by a city, town, county, or state or federal governmental |
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5|authority for the purpose of conducting business with the public. |
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6|Notwithstanding the provisions of this subsection, the governing |
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7|body of a city or town may authorize the concealed carry of handguns |
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8|into any structure, building or office space, except those places |
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9|listed in paragraph 2 of this subsection, which is owned or leased |
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10|by a city or town; |
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11| 2. Any courthouse, courtroom, prison, jail, detention facility |
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12|or any facility used to process, hold or house arrested persons, |
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13|prisoners or persons alleged delinquent or adjudicated delinquent, |
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14|except as provided in Section 21 of Title 57 of the Oklahoma |
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15|Statutes; |
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16| 3. Any public or private elementary or public or private |
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17|secondary school, except as provided in subsections C and D of this |
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18|section; |
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19| 4. Any publicly owned or operated sports arena or venue during |
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20|a professional sporting event, unless allowed by the event holder; |
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21| 5. Any place where gambling is authorized by law, unless |
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22|allowed by the property owner; |
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23| 6. Any other place specifically prohibited by law; and |
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24| |
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1| 7. Any property set aside by a county, city, town, public trust |
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2|with a county, city or town as a beneficiary, or state governmental |
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3|authority for an event that is secured with minimum-security |
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4|provisions. For purposes of this paragraph, a minimum-security |
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5|provision consists of a location that is secured utilizing the |
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6|following: |
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7| a. a metallic-style security fence that is at least |
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8| eight (8) feet in height that encompasses the property |
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9| and is secured in such a way as to deter unauthorized |
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10| entry, |
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11| b. controlled access points staffed by a uniformed, |
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12| commissioned peace officer, and |
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13| c. a metal detector whereby persons walk or otherwise |
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14| travel with their property through or by the metal |
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15| detector. |
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16| B. It shall be lawful for a person to carry a concealed or |
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17|unconcealed firearm on the following properties: |
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18| 1. Any property set aside for the use or parking of any |
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19|vehicle, whether attended or unattended, by a city, town, county, or |
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20|state or federal governmental authority; |
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21| 2. Any property set aside for the use or parking of any |
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22|vehicle, whether attended or unattended, which is open to the |
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23|public, or by any entity engaged in gambling authorized by law; |
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24| |
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1| 3. Any property adjacent to a structure, building or office |
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2|space in which concealed or unconcealed weapons are prohibited by |
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3|the provisions of this section; |
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4| 4. Any property designated by a city, town, county or state |
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5|governmental authority as a park, recreational area, wildlife |
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6|refuge, wildlife management area or fairgrounds; provided, nothing |
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7|in this paragraph shall be construed to authorize any entry by a |
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8|person in possession of a concealed or unconcealed firearm into any |
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9|structure, building, office space or event which is specifically |
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10|prohibited by the provisions of subsection A of this section; |
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11| 5. Any property set aside by a public or private elementary or |
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12|secondary school for the use or parking of any vehicle, whether |
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13|attended or unattended; provided, however, the firearm shall be |
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14|stored and hidden from view in a locked motor vehicle when the motor |
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15|vehicle is left unattended on school property; and |
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16| 6. Any public property set aside temporarily by a county, city, |
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17|town, public trust with a county, city or town as a beneficiary, or |
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18|state governmental authority for the holder of an event permit that |
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19|is without minimum-security provisions, as such term is defined in |
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20|paragraph 7 of subsection A of this section; provided, the carry of |
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21|firearms within said permitted event area shall be limited to |
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22|concealed carry of a handgun unless otherwise authorized by the |
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23|holder of the event permit. |
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24| |
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1| Nothing contained in any provision of this subsection or |
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2|subsection C of this section shall be construed to authorize or |
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3|allow any person in control of any place described in subsection A |
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4|of this section to establish any policy or rule that has the effect |
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5|of prohibiting any person in lawful possession of a handgun license |
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6|or otherwise in lawful possession of a firearm from carrying or |
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7|possessing the firearm on the property described in this subsection. |
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8| C. A concealed or unconcealed weapon may be carried onto |
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9|private school property or in any school bus or vehicle used by any |
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10|private school for transportation of students or teachers by a |
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11|person who is licensed pursuant to the Oklahoma Self-Defense Act,; |
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12|provided, a policy has been adopted by the governing entity of the |
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13|private school that authorizes the carrying and possession of a |
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14|weapon on private school property or in any school bus or vehicle |
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15|used by a private school. Except for acts of gross negligence or |
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16|willful or wanton misconduct, a governing entity of a private school |
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17|that adopts a policy which authorizes the possession of a weapon on |
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18|private school property, a school bus or vehicle used by the private |
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19|school shall not be subject to liability for any injuries arising |
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20|from the adoption of the policy. The provisions of this subsection |
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21|shall not apply to claims pursuant to the Administrative Workers' |
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22|Compensation Act. |
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23| D. Notwithstanding paragraph 3 of subsection A of this section, |
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24|a board of education of a school district may adopt a policy |
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1|pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to |
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2|authorize the carrying of a handgun onto school property by school |
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3|personnel specifically designated by the board of education,; |
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4|provided, such personnel either: |
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5| 1. Possess a valid armed security guard license as provided for |
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6|in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or |
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7| 2. Hold a valid reserve peace officer certification as provided |
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8|for in Section 3311 of Title 70 of the Oklahoma Statutes. |
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9|Nothing in this subsection shall be construed to restrict authority |
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10|granted elsewhere in law to carry firearms. |
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11| E. Notwithstanding the provisions of subsection A of this |
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12|section, on any property designated as a municipal zoo or park of |
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13|any size that is owned, leased, operated, or managed by: |
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14| 1. A public trust created pursuant to the provisions of Section |
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15|176 of Title 60 of the Oklahoma Statutes; or |
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16| 2. A nonprofit entity, |
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17|an individual shall be allowed to carry a concealed handgun but not |
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18|openly carry a handgun on the property. |
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19| F. Any person violating the provisions of paragraph 2 or 3 of |
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20|subsection A of this section shall, upon conviction, be guilty of a |
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21|misdemeanor punishable by a fine not to exceed Two Hundred Fifty |
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22|Dollars ($250.00). A person violating any other provision of |
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23|subsection A of this section may be denied entrance onto the |
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24|property or removed from the property. If the person refuses to |
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1|leave the property and a peace officer is summoned, the person may |
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2|be issued a citation for an amount not to exceed Two Hundred Fifty |
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3|Dollars ($250.00). |
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4| G. No person in possession of a valid handgun license issued |
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5|pursuant to the provisions of the Oklahoma Self-Defense Act or who |
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6|is carrying or in possession of a firearm as otherwise permitted by |
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7|law or who is carrying or in possession of a machete, blackjack, |
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8|loaded cane, hand chain or metal knuckles shall be authorized to |
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9|carry the firearm, machete, blackjack, loaded cane, hand chain or |
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10|metal knuckles into or upon any college, university or technology |
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11|center school property, except as provided in this subsection. For |
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12|purposes of this subsection, the following property shall not be |
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13|construed to be college, university or technology center school |
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14|property: |
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15| 1. Any property set aside for the use or parking of any motor |
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16|vehicle, whether attended or unattended, provided the firearm, |
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17|machete, blackjack, loaded cane, hand chain or metal knuckles are |
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18|carried or stored as required by law and the firearm, machete, |
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19|blackjack, loaded cane, hand chain or metal knuckles are not removed |
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20|from the motor vehicle without the prior consent of the college or |
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21|university president or technology center school administrator while |
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22|the vehicle is on any college, university or technology center |
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23|school property; |
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1| 2. Any property authorized for possession or use of firearms, |
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2|machetes, blackjacks, loaded canes, hand chains or metal knuckles by |
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3|college, university or technology center school policy; and |
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4| 3. Any property authorized by the written consent of the |
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5|college or university president or technology center school |
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6|administrator, provided the written consent is carried with the |
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7|firearm, machete, blackjack, loaded cane, hand chain or metal |
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8|knuckles and the valid handgun license while on college, university |
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9|or technology center school property. |
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10| The college, university or technology center school may notify |
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11|the Oklahoma State Bureau of Investigation within ten (10) days of a |
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12|violation of any provision of this subsection by a licensee. Upon |
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13|receipt of a written notification of violation, the Bureau shall |
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14|give a reasonable notice to the licensee and hold a hearing. At the |
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15|hearing, upon a determination that the licensee has violated any |
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16|provision of this subsection, the licensee may be subject to an |
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17|administrative fine of Two Hundred Fifty Dollars ($250.00) and may |
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18|have the handgun license suspended for three (3) months. |
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19| Nothing contained in any provision of this subsection shall be |
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20|construed to authorize or allow any college, university or |
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21|technology center school to establish any policy or rule that has |
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22|the effect of prohibiting any person in lawful possession of a |
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23|handgun license or any person in lawful possession of a firearm, |
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24|machete, blackjack, loaded cane, hand chain or metal knuckles from |
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1|possession of a firearm, machete, blackjack, loaded cane, hand chain |
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2|or metal knuckles in places described in paragraphs 1, 2 and 3 of |
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3|this subsection. Nothing contained in any provision of this |
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4|subsection shall be construed to limit the authority of any college, |
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5|university or technology center school in this state from taking |
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6|administrative action against any student for any violation of any |
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7|provision of this subsection. |
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8| H. The provisions of this section shall not apply to the |
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9|following: |
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10| 1. Any peace officer or any person authorized by law to carry a |
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11|firearm in the course of employment; |
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12| 2. District judges, associate district judges and special |
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13|district judges, who are in possession of a valid handgun license |
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14|issued pursuant to the provisions of the Oklahoma Self-Defense Act |
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15|and whose names appear on a list maintained by the Administrative |
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16|Director of the Courts, when acting in the course and scope of |
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17|employment within the courthouses of this state; |
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18| 3. Private investigators with a firearms authorization when |
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19|acting in the course and scope of employment; |
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20| 4. Elected officials of a county, who are in possession of a |
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21|valid handgun license issued pursuant to the provisions of the |
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22|Oklahoma Self-Defense Act, may carry a concealed handgun when acting |
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23|in the performance of his or her duties within the courthouses of |
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24|the county in which he or she was elected. The provisions of this |
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1|paragraph shall not allow the elected county official to carry the |
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2|handgun into a courtroom; |
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3| 5. The sheriff of any county may authorize certain employees of |
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4|the county, who possess a valid handgun license issued pursuant to |
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5|the provisions of the Oklahoma Self-Defense Act, to carry a |
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6|concealed handgun when acting in the course and scope of employment |
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7|within the courthouse in the county in which the person is employed. |
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8| Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff |
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9|from requiring additional instruction or training before granting |
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10|authorization to carry a concealed handgun within the courthouse. |
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11|The provisions of this paragraph and of paragraph 6 of this |
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12|subsection shall not allow the county employee to carry the handgun |
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13|into a courtroom, sheriff's office, adult or juvenile jail or any |
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14|other prisoner detention area; and |
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15| 6. The board of county commissioners of any county may |
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16|authorize certain employees of the county, who possess a valid |
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17|handgun license issued pursuant to the provisions of the Oklahoma |
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18|Self-Defense Act, to carry a concealed handgun when acting in the |
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19|course and scope of employment on county annex facilities or grounds |
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20|surrounding the county courthouse. |
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21| I. 1. Municipalities may authorize certain employees or public |
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22|officials of the municipality, municipal public trust, or municipal |
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23|authority who possess a valid handgun license issued pursuant to the |
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24|provisions of the Oklahoma Self-Defense Act and who have |
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1|successfully completed any additional training or requirements, as |
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2|established by ordinance or resolution, to carry a concealed |
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3|handgun when acting in the course and scope of employment. |
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4| 2. For purposes of this subsection, firearms may not be present |
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5|in a location that is a firearm-prohibited location. As used in |
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6|this paragraph, "firearm-prohibited location" shall include the |
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7|following locations: |
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8| a. any structure, building, or office space on |
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9| municipally owned, leased, or maintained property |
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10| designated as a firearm-prohibited location by the |
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11| municipality, municipal public trust, or municipal |
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12| authority, and |
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13| b. any police department, courthouse, courtroom, prison, |
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14| jail, detention facility, or any facility used to |
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15| process, hold, or house arrested persons, prisoners, |
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16| or persons alleged delinquent or adjudicated |
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17| delinquent. |
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18| 3. Nothing in this section shall be construed as a mechanism to |
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19|allow municipal employees to carry a firearm as a duty or function |
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20|of their employment with the municipality, municipal public trust, |
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21|or municipal authority. |
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22| 4. Municipalities may authorize the public display of firearms |
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23|in public buildings subject to policies established by the |
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24|municipality, municipal public trust, or municipal authority. |
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1| J. For the purposes of this section, "motor vehicle" means any |
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2|automobile, truck, minivan, sports sport utility vehicle, or |
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3|motorcycle, as defined in Section 1-135 of Title 47 of the Oklahoma |
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4|Statutes, equipped with a locked accessory container within or |
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5|affixed to the motorcycle. |
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6| SECTION 2. This act shall become effective November 1, 2023. |
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7| |
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8|COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/22/2023 - |
|DO PASS, As Amended and Coauthored. |
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