1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|HOUSE BILL 2139 By: McDugle |
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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 1277, which relates to the unlawful carry of |
8| firearms on certain property; updating statutory |
| reference; authorizing handgun licensees to carry on |
9| school property under certain circumstances; amending |
| 21 O.S. 2021, Section 1280.1, which relates to the |
10| possession of firearms on school property; updating |
| statutory reference; authorizing handgun licensees to |
11| carry on school property under certain circumstances; |
| amending 70 O.S. 2021, Section 5-149.2, which relates |
12| to the authorization to carry handguns on school |
| property; authorizing school boards to adopt policies |
13| related to carrying handguns on school property; |
| stating qualifications for designated personnel; |
14| authorizing school boards to designate school |
| personnel to attend training programs; clarifying |
15| immunity from liability provisions; and declaring an |
| emergency. |
16| |
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17| |
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18| |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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20| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is |
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21|amended to read as follows: |
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22| Section 1277. |
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23| UNLAWFUL CARRY IN CERTAIN PLACES |
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24| |
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1| A. It shall be unlawful for any person, including a person in |
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2|possession of a valid handgun license issued pursuant to the |
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3|provisions of the Oklahoma Self-Defense Act, to carry any concealed |
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4|or unconcealed firearm into any of the following places: |
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5| 1. Any structure, building, or office space which is owned or |
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6|leased by a city, town, county, state or federal governmental |
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7|authority for the purpose of conducting business with the public; |
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8| 2. Any courthouse, courtroom, prison, jail, detention facility |
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9|or any facility used to process, hold or house arrested persons, |
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10|prisoners or persons alleged delinquent or adjudicated delinquent, |
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11|except as provided in Section 21 of Title 57 of the Oklahoma |
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12|Statutes; |
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13| 3. Any public or private elementary or public or private |
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14|secondary school, except as provided in subsections C and D of this |
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15|section; |
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16| 4. Any publicly owned or operated sports arena or venue during |
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17|a professional sporting event, unless allowed by the event holder; |
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18| 5. Any place where gambling is authorized by law, unless |
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19|allowed by the property owner; |
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20| 6. Any other place specifically prohibited by law; and |
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21| 7. Any property set aside by a county, city, town, public trust |
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22|with a county, city or town as a beneficiary, or state governmental |
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23|authority for an event that is secured with minimum-security |
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24|provisions. For purposes of this paragraph, a minimum-security |
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1|provision consists of a location that is secured utilizing the |
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2|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| B. It shall be lawful for a person to carry a concealed or |
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13|unconcealed firearm on the following properties: |
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14| 1. Any property set aside for the use or parking of any |
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15|vehicle, whether attended or unattended, by a city, town, county, |
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16|state or federal governmental authority; |
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17| 2. Any property set aside for the use or parking of any |
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18|vehicle, whether attended or unattended, which is open to the |
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19|public, or by any entity engaged in gambling authorized by law; |
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20| 3. Any property adjacent to a structure, building or office |
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21|space in which concealed or unconcealed weapons are prohibited by |
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22|the provisions of this section; |
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23| 4. Any property designated by a city, town, county or state |
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24|governmental authority as a park, recreational area, wildlife |
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1|refuge, wildlife management area or fairgrounds; provided, nothing |
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2|in this paragraph shall be construed to authorize any entry by a |
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3|person in possession of a concealed or unconcealed firearm into any |
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4|structure, building, office space or event which is specifically |
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5|prohibited by the provisions of subsection A of this section; |
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6| 5. Any property set aside by a public or private elementary or |
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7|secondary school for the use or parking of any vehicle, whether |
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8|attended or unattended; provided, however, the firearm shall be |
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9|stored and hidden from view in a locked motor vehicle when the motor |
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10|vehicle is left unattended on school property; and |
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11| 6. Any public property set aside temporarily by a county, city, |
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12|town, public trust with a county, city or town as a beneficiary, or |
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13|state governmental authority for the holder of an event permit that |
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14|is without minimum-security provisions, as such term is defined in |
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15|paragraph 7 of subsection A of this section; provided, the carry of |
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16|firearms within said permitted event area shall be limited to |
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17|concealed carry of a handgun unless otherwise authorized by the |
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18|holder of the event permit. |
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19| Nothing contained in any provision of this subsection or |
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20|subsection C of this section shall be construed to authorize or |
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21|allow any person in control of any place described in subsection A |
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22|of this section to establish any policy or rule that has the effect |
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23|of prohibiting any person in lawful possession of a handgun license |
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24|or otherwise in lawful possession of a firearm from carrying or |
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1|possessing the firearm on the property described in this subsection. |
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2| C. A concealed or unconcealed weapon may be carried onto |
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3|private school property or in any school bus or vehicle used by any |
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4|private school for transportation of students or teachers by a |
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5|person who is licensed pursuant to the Oklahoma Self-Defense Act, |
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6|provided a policy has been adopted by the governing entity of the |
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7|private school that authorizes the carrying and possession of a |
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8|weapon on private school property or in any school bus or vehicle |
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9|used by a private school. Except for acts of gross negligence or |
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10|willful or wanton misconduct, a governing entity of a private school |
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11|that adopts a policy which authorizes the possession of a weapon on |
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12|private school property, a school bus or vehicle used by the private |
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13|school shall not be subject to liability for any injuries arising |
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14|from the adoption of the policy. The provisions of this subsection |
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15|shall not apply to claims pursuant to the Administrative Workers' |
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16|Compensation Act. |
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17| D. Notwithstanding paragraph 3 of subsection A of this section, |
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18|a board of education of a school district may adopt a policy |
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19|pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to |
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20|authorize the carrying of a handgun onto school property by school |
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21|personnel specifically designated by the board of education, |
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22|provided such personnel either: |
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23| |
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24| |
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1| 1. Possess a valid armed security guard license as provided for |
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2|in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes the |
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3|Oklahoma Security Guard and Private Investigator Act; or |
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4| 2. Hold a valid reserve peace officer certification as provided |
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5|for in Section 3311 of Title 70 of the Oklahoma Statutes; or |
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6| 3. Possess a valid handgun license issued pursuant to the |
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7|provisions of the Oklahoma Self-Defense Act and meet other |
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8|requirements authorized by the board of education of the school |
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9|district. |
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10|Nothing in this subsection shall be construed to restrict authority |
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11|granted elsewhere in law to carry firearms. |
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12| E. Notwithstanding the provisions of subsection A of this |
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13|section, on any property designated as a municipal zoo or park of |
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14|any size that is owned, leased, operated or managed by: |
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15| 1. A public trust created pursuant to the provisions of Section |
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16|176 of Title 60 of the Oklahoma Statutes; or |
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17| 2. A nonprofit entity, |
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18|an individual shall be allowed to carry a concealed handgun but not |
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19|openly carry a handgun on the property. |
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20| F. Any person violating the provisions of paragraph 2 or 3 of |
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21|subsection A of this section shall, upon conviction, be guilty of a |
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22|misdemeanor punishable by a fine not to exceed Two Hundred Fifty |
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23|Dollars ($250.00). A person violating any other provision of |
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24|subsection A of this section may be denied entrance onto the |
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1|property or removed from the property. If the person refuses to |
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2|leave the property and a peace officer is summoned, the person may |
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3|be issued a citation for an amount not to exceed Two Hundred Fifty |
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4|Dollars ($250.00). |
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5| G. No person in possession of a valid handgun license issued |
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6|pursuant to the provisions of the Oklahoma Self-Defense Act or who |
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7|is carrying or in possession of a firearm as otherwise permitted by |
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8|law or who is carrying or in possession of a machete, blackjack, |
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9|loaded cane, hand chain or metal knuckles shall be authorized to |
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10|carry the firearm, machete, blackjack, loaded cane, hand chain or |
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11|metal knuckles into or upon any college, university or technology |
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12|center school property, except as provided in this subsection. For |
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13|purposes of this subsection, the following property shall not be |
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14|construed to be college, university or technology center school |
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15|property: |
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16| 1. Any property set aside for the use or parking of any motor |
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17|vehicle, whether attended or unattended, provided the firearm, |
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18|machete, blackjack, loaded cane, hand chain or metal knuckles are |
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19|carried or stored as required by law and the firearm, machete, |
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20|blackjack, loaded cane, hand chain or metal knuckles are not removed |
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21|from the motor vehicle without the prior consent of the college or |
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22|university president or technology center school administrator while |
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23|the vehicle is on any college, university or technology center |
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24|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. For the purposes of this section, "motor vehicle" means any |
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22|automobile, truck, minivan, sports utility vehicle, or motorcycle, |
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23|as defined in Section 1-135 of Title 47 of the Oklahoma Statutes, |
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24| |
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1|equipped with a locked accessory container within or affixed to the |
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2|motorcycle. |
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3| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1280.1, is |
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4|amended to read as follows: |
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5| Section 1280.1 |
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6| POSSESSION OF FIREARM ON SCHOOL PROPERTY |
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7| A. It shall be unlawful for any person to have in his or her |
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8|possession on any public or private school property or while in any |
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9|school bus or vehicle used by any school for transportation of |
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10|students or teachers any firearm or weapon designated in Section |
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11|1272 of this title, except as provided in subsection C of this |
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12|section or as otherwise authorized by law. |
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13| B. For purposes of this section: |
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14| 1. "School property" means any publicly owned property held for |
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15|purposes of elementary, secondary or vocational-technical education, |
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16|and shall not include property owned by public school districts or |
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17|where such property is leased or rented to an individual or |
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18|corporation and used for purposes other than educational; |
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19| 2. "Private school" means a school that offers a course of |
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20|instruction for students in one or more grades from prekindergarten |
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21|through grade twelve and is not operated by a governmental entity; |
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22|and |
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23| 3. "Motor vehicle" means any automobile, truck, minivan or |
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24|sports utility vehicle. |
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1| C. Firearms and weapons are allowed on school property and |
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2|deemed not in violation of subsection A of this section as follows: |
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3| 1. A gun or knife designed for hunting or fishing purposes kept |
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4|in a privately owned vehicle and properly displayed or stored as |
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5|required by law, provided such vehicle containing said gun or knife |
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6|is driven onto school property only to transport a student to and |
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7|from school and such vehicle does not remain unattended on school |
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8|property; |
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9| 2. A gun or knife used for the purposes of participating in the |
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10|Oklahoma Department of Wildlife Conservation certified hunter |
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11|training education course or any other hunting, fishing, safety or |
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12|firearms training courses, or a recognized firearms sports event, |
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13|team shooting program or competition, or living history reenactment, |
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14|provided the course or event is approved by the principal or chief |
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15|administrator of the school where the course or event is offered, |
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16|and provided the weapon is properly displayed or stored as required |
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17|by law pending participation in the course, event, program or |
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18|competition; |
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19| 3. Weapons in the possession of any peace officer or other |
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20|person authorized by law to possess a weapon in the performance of |
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21|his or her duties and responsibilities; |
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22| 4. A concealed or unconcealed weapon carried onto private |
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23|school property or in any school bus or vehicle used by any private |
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24|school for transportation of students or teachers by a person who is |
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1|licensed pursuant to the Oklahoma Self-Defense Act, provided a |
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2|policy has been adopted by the governing entity of the private |
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3|school that authorizes the possession of a weapon on private school |
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4|property or in any school bus or vehicle used by a private school. |
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5|Except for acts of gross negligence or willful or wanton misconduct, |
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6|a governing entity of a private school that adopts a policy which |
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7|authorizes the possession of a weapon on private school property, a |
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8|school bus or vehicle used by the private school shall be immune |
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9|from liability for any injuries arising from the adoption of the |
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10|policy. The provisions of this paragraph shall not apply to claims |
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11|pursuant to the Workers' Compensation Code; |
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12| 5. A gun, knife, bayonet or other weapon in the possession of a |
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13|member of a veterans group, the national guard, active military, the |
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14|Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to |
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15|participate in a ceremony, assembly or educational program approved |
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16|by the principal or chief administrator of a school or school |
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17|district where the ceremony, assembly or educational program is |
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18|being held; provided, however, the gun or other weapon that uses |
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19|projectiles is not loaded and is inoperable at all times while on |
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20|school property; |
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21| 6. A handgun carried in a motor vehicle pursuant to a valid |
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22|handgun license authorized by the Oklahoma Self-Defense Act onto |
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23|property set aside by a public or private elementary or secondary |
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24|school for the use or parking of any vehicle; provided, however, |
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1|said handgun shall be stored and hidden from view in a locked motor |
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2|vehicle when the motor vehicle is left unattended on school |
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3|property; and |
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4| 7. A handgun carried onto public school property by school |
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5|personnel who have been designated by the board of education, |
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6|provided such personnel either: |
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7| a. possess a valid armed security guard license as |
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8| provided for in Section 1750.1 et seq. of Title 59 of |
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9| the Oklahoma Statutes the Oklahoma Security Guard and |
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10| Private Investigator Act, or |
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11| b. hold a valid reserve peace officer certification as |
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12| provided for in Section 3311 of Title 70 of the |
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13| Oklahoma Statutes, or |
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14| c. possess a valid handgun license issued pursuant to |
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15| the Oklahoma Self-Defense Act and meet other |
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16| requirements authorized by the board of education of |
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17| the school district, |
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18|if a policy has been adopted by the board of education of the school |
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19|district that authorizes the carrying of a handgun onto public |
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20|school property by such personnel. Nothing in this subsection shall |
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21|be construed to restrict authority granted elsewhere in law to carry |
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22|firearms. |
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23| |
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24| |
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1| D. Any person violating the provisions of this section shall, |
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2|upon conviction, be guilty of a misdemeanor punishable by a fine of |
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3|not to exceed Two Hundred Fifty Dollars ($250.00). |
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4| SECTION 3. AMENDATORY 70 O.S. 2021, Section 5-149.2, is |
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5|amended to read as follows: |
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6| Section 5-149.2 A. The board of education of a school district |
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7|may, through a majority vote of the board, designate adopt a policy |
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8|to authorize the carrying of a handgun onto school property by |
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9|school personnel who have been issued a handgun license pursuant to |
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10|the Oklahoma Self-Defense Act to attend an specifically designated |
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11|by the board of education, provided such personnel either: |
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12| 1. Possess a valid armed security guard license as provided for |
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13|in the Oklahoma Security Guard and Private Investigator Act; |
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14| 2. Hold a valid reserve peace officer certification as provided |
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15|for in Section 3311 of Title 70 of the Oklahoma Statutes; or |
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16| 3. Possess a valid handgun license issued pursuant to the |
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17|provisions of the Oklahoma Self-Defense Act and meet other |
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18|requirements authorized by the board of education of the school |
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19|district. |
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20| B. The board of education of a school district may, through a |
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21|majority vote of the board, designate school personnel to attend an |
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22|armed security guard training program, as provided for in Section |
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23|1750.5 of Title 59 of the Oklahoma Statutes, or a reserve peace |
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24|officer certification program, as provided for in Section 3311 of |
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1|Title 70 of the Oklahoma Statutes, provided and developed by the |
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2|Council on Law Enforcement Education and Training (CLEET). Nothing |
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3|in this section shall be construed to prohibit or limit the board of |
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4|education of a school district from requiring ongoing education and |
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5|training. |
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6| B. C. Participation in either the armed security guard training |
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7|program or the reserve peace officer certification program shall be |
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8|voluntary and shall not in any way be considered a requirement for |
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9|continued employment with the school district. The board of |
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10|education of a school district shall have the final authority to |
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11|determine and designate the school personnel who will be authorized |
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12|to obtain and use an armed security guard license or, reserve peace |
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13|officer certification, or handgun license in conjunction with their |
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14|his or her employment as school personnel. |
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15| C. D. The board of education of a school district that |
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16|authorizes school personnel to participate in either the armed |
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17|security guard program or the reserve peace officer program may pay |
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18|all necessary training, meal and lodging expenses associated with |
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19|the training. |
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20| D. E. When carrying a firearm pursuant to the provisions of |
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21|this act, the person shall at all times carry the firearm on his or |
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22|her person or the firearm shall be stored in a locked and secure |
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23|location. |
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24| |
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1| E. F. Any school personnel who have successfully completed |
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2|either armed security guard training, reserve peace officer |
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3|certification training or handgun license training and while acting |
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4|in good faith shall not be immune from subject to civil and criminal |
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5|liability for any injury resulting from the carrying of a handgun |
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6|onto public school property as provided for in this act. Any board |
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7|of education of a school district or participating local law |
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8|enforcement agency shall not be immune from subject to civil and |
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9|criminal liability for any injury resulting from any act committed |
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10|by school personnel who are designated to carry a concealed handgun |
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11|on public school property pursuant to the provisions of this act. |
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12| F. G. In order to carry out the provisions of this section, the |
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13|board of education of a school district is authorized to enter into |
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14|a memorandum of understanding with local law enforcement entities. |
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15| SECTION 4. It being immediately necessary for the preservation |
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16|of the public peace, health or safety, an emergency is hereby |
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17|declared to exist, by reason whereof this act shall take effect and |
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18|be in full force from and after its passage and approval. |
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20| 59-1-5073 GRS 01/01/23 |
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Req. No. 5073 Page 17
