1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 1024 By: Dahm |
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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, |
| Sections 1290.8, 1290.9, and 1272, which relate to |
8| possession of license required, eligibility, and |
| unlawful carry; modifying certain age requirement; |
9| updating statutory language; and declaring an |
| emergency. |
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11| |
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12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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13| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.8, is |
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14|amended to read as follows: |
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15| Section 1290.8. |
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16| POSSESSION OF LICENSE REQUIRED |
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17| NOTIFICATION TO POLICE OF GUN |
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18| A. Except as otherwise prohibited by law, an eligible person |
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19|shall have authority to carry a concealed or unconcealed handgun in |
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20|this state when: |
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21| 1. The person has been issued a handgun license from the |
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22|Oklahoma State Bureau of Investigation pursuant to the provisions of |
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23|the Oklahoma Self-Defense Act, provided the person is in compliance |
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24|with the provisions of the Oklahoma Self-Defense Act, and the |
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1|license has not expired or been subsequently suspended or revoked; |
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2|or |
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3| 2. The person is twenty-one (21) eighteen (18) years of age or |
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4|older, and is either: |
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5| a. active military, or |
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6| b. a member of the Reserve or National Guard to include |
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7| Drill Status Guard and Reserve, Active Guard Reserves |
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8| or Military Technicians, |
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9|and presents a valid military identification card that shall be |
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10|considered a valid handgun license issued pursuant to the Oklahoma |
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11|Self-Defense Act. |
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12| B. A person in possession of a valid handgun license or who |
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13|meets the criteria and presents a valid military identification card |
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14|as provided for in this section and in compliance with the |
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15|provisions of the Oklahoma Self-Defense Act shall be authorized to |
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16|carry such concealed or unconcealed handgun while scouting as it |
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17|relates to hunting or fishing or while hunting or fishing. |
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18| C. The person shall be required to have possession of his or |
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19|her valid handgun license or valid military identification card as |
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20|provided for qualified persons in this section and a valid driver |
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21|license or state photo identification at all times when in |
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22|possession of an authorized pistol. The person shall display the |
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23|handgun license or a valid military identification card as provided |
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24|for qualified persons in this section on demand of a law enforcement |
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1|officer; provided, however, that in the absence of reasonable and |
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2|articulable suspicion of other criminal activity, an individual |
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3|carrying an unconcealed or concealed handgun shall not be disarmed |
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4|or physically restrained unless the individual fails to display a |
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5|valid handgun license or a valid military identification card as |
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6|provided for qualified persons in this section in response to that |
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7|demand. Any violation of the provisions of this subsection may be |
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8|punishable as a criminal offense as authorized by Section 1272 of |
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9|this title or pursuant to any other applicable provision of law. |
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10| Upon the arrest of any person for a violation of the provisions |
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11|of this subsection, the person may show proof to the court that a |
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12|valid handgun license and the other required identification has been |
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13|issued to such person and the person may state any reason why the |
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14|handgun license, a valid military identification card as provided |
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15|for qualified persons in this section or the other required |
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16|identification was not carried by the person as required by the |
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17|Oklahoma Self-Defense Act. The court shall dismiss an alleged |
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18|violation of Section 1272 of this title upon payment of court costs, |
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19|if proof of a valid handgun license and other required |
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20|identification is shown to the court within ten (10) days of the |
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21|arrest of the person. The court shall report a dismissal of a |
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22|charge to the Bureau for consideration of administrative proceedings |
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23|against the licensee. |
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1| D. It shall be unlawful for any person to fail or refuse to |
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2|identify the fact that the person is in actual possession of a |
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3|concealed or unconcealed firearm pursuant to the authority of the |
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4|Oklahoma Self-Defense Act during the course of any arrest, |
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5|detainment, or routine traffic stop. Said Such identification to |
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6|the law enforcement officer shall be required upon the demand of the |
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7|law enforcement officer. No person shall be required to identify |
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8|himself or herself as a handgun licensee or as lawfully in |
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9|possession of any other firearm if the law enforcement officer does |
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10|not demand the information. No person shall be required to identify |
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11|himself or herself as a handgun licensee when no handgun is in the |
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12|possession of the person or in any vehicle in which the person is |
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13|driving or is a passenger. Any violator of the provisions of this |
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14|subsection may be issued a citation for an amount not exceeding One |
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15|Hundred Dollars ($100.00). |
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16| E. Any law enforcement officer coming in contact with a person |
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17|whose handgun license is suspended, revoked, or expired, or who is |
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18|in possession of a handgun license which has not been lawfully |
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19|issued to that person, shall confiscate the license and return it to |
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20|the Oklahoma State Bureau of Investigation for appropriate |
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21|administrative proceedings against the licensee when the license is |
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22|no longer needed as evidence in any criminal proceeding. |
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1| F. Nothing in this section shall be construed to authorize a |
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2|law enforcement officer to inspect any weapon properly concealed or |
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3|unconcealed without probable cause that a crime has been committed. |
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4| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.9, is |
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5|amended to read as follows: |
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6| Section 1290.9. |
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7| ELIGIBILITY |
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8| The following requirements shall apply to any person making |
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9|application to the Oklahoma State Bureau of Investigation for a |
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10|handgun license pursuant to the provisions of the Oklahoma |
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11|Self-Defense Act. The person must: |
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12| 1. Be a citizen of the United States with established residency |
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13|in the State of Oklahoma this state; or |
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14| 2. Be a lawful permanent resident in the United States and have |
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15|established residency in the State of Oklahoma this state. |
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16| For purposes of the Oklahoma Self-Defense Act: |
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17| a. the term "residency" shall apply to any person who |
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18| either possesses a valid Oklahoma driver license or |
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19| state photo identification card, and physically |
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20| maintains a residence in this state or to any person, |
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21| including the spouse of such person, who has permanent |
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22| military orders within this state and possesses a |
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23| valid driver license from another state where such |
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24| person and spouse of such person claim residency, and |
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1| b. the term "lawful permanent resident" shall mean a |
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2| noncitizen who is lawfully authorized to live |
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3| permanently within the United States; |
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4| 3. Be at least: |
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5| a. twenty-one (21) years of age, or |
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6| b. eighteen (18) years of age but not yet twenty-one |
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7| (21) years of age and the person is a member or |
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8| veteran of the United States Armed Forces, the |
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9| Reserves or National Guard, or the person was |
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10| discharged under honorable conditions from the United |
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11| States Armed Forces, Reserves or National Guard; |
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12| 4. Complete a firearms safety and training course and |
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13|demonstrate competence and qualifications with the type of pistol to |
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14|be carried by the person as provided in Section 1290.14 of this |
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15|title, and submit proof of training and qualification or an |
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16|exemption for training and qualification as authorized by Section |
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17|1290.14 of this title; |
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18| 5. Submit the required fee and complete the application process |
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19|as provided in Section 1290.12 of this title; and |
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20| 6. Comply in good faith with the provisions of the Oklahoma |
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21|Self-Defense Act. |
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22| SECTION 3. AMENDATORY 21 O.S. 2021, Section 1272, is |
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23|amended to read as follows: |
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24| Section 1272. |
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1| UNLAWFUL CARRY |
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2| A. Notwithstanding any other provision of law, it shall be |
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3|unlawful for any person to carry upon or about his or her person, or |
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4|in a purse or other container belonging to the person, any pistol, |
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5|revolver, shotgun or rifle whether loaded or unloaded or any |
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6|blackjack, loaded cane, hand chain, metal knuckles, or any other |
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7|offensive weapon, whether such weapon be concealed or unconcealed, |
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8|except this section shall not prohibit: |
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9| 1. The proper use of guns and knives for self-defense, hunting, |
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10|fishing, educational or recreational purposes; |
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11| 2. The carrying or use of weapons in a manner otherwise |
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12|permitted by statute or authorized by the Oklahoma Self-Defense Act; |
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13| 3. The carrying, possession and use of any weapon by a peace |
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14|officer or other person authorized by law to carry a weapon in the |
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15|performance of official duties and in compliance with the rules of |
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16|the employing agency; |
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17| 4. The carrying or use of weapons in a courthouse by a district |
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18|judge, associate district judge or special district judge within |
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19|this state, who is in possession of a valid handgun license issued |
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20|pursuant to the provisions of the Oklahoma Self-Defense Act and |
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21|whose name appears on a list maintained by the Administrative |
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22|Director of the Courts; |
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23| 5. The carrying and use of firearms and other weapons provided |
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24|in this subsection when used for the purpose of living history |
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1|reenactment. For purposes of this paragraph, "living history |
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2|reenactment" means depiction of historical characters, scenes, |
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3|historical life or events for entertainment, education, or |
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4|historical documentation through the wearing or use of period, |
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5|historical, antique or vintage clothing, accessories, firearms, |
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6|weapons, and other implements of the historical period; or |
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7| 6. The transporting by vehicle on a public roadway or the |
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8|carrying of a firearm, concealed or unconcealed, loaded or unloaded, |
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9|by a person who is twenty-one (21) years of age or older or by a |
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10|person who is eighteen (18) years of age but not yet twenty-one (21) |
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11|years of age and the person is a member or veteran of the United |
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12|States Armed Forces, Reserves or National Guard or was discharged |
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13|under honorable conditions from the United States Armed Forces, |
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14|Reserves or National Guard, and the person is otherwise not |
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15|disqualified from the possession or purchase of a firearm under |
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16|state or federal law and is not carrying the firearm in furtherance |
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17|of a crime. |
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18| Except as provided in subsection B of Section 1283 of this |
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19|title, a person who has been convicted of any one of the following |
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20|offenses in this state or a violation of the equivalent law of |
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21|another state: |
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22| a. assault and battery pursuant to the provisions of |
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23| Section 644 of this title which caused serious |
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24| physical injury to the victim, |
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1| b. aggravated assault and battery pursuant to the |
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2| provisions of Section 646 of this title, |
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3| c. assault and battery that qualifies as domestic abuse |
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4| as defined in Section 644 of this title, |
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5| d. stalking pursuant to the provisions of Section 1173 |
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6| of this title, |
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7| e. a violation of an order issued under the Protection |
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8| from Domestic Abuse Act or a domestic abuse protection |
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9| order issued by another state, or |
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10| f. a violation relating to illegal drug use or |
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11| possession under the provisions of the Uniform |
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12| Controlled Dangerous Substances Act, |
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13|shall be prohibited from carrying a firearm under the provisions of |
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14|this paragraph. Any person who carries a firearm in the manner |
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15|provided for in this paragraph shall be prohibited from carrying the |
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16|firearm into any of the places prohibited in subsection A of Section |
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17|1277 of this title or any other place currently prohibited by law. |
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18|Nothing in this section shall modify or otherwise change where a |
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19|person may legally carry a firearm. |
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20| B. Any person convicted of violating the foregoing provision |
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21|shall be guilty of a misdemeanor punishable as provided in Section |
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22|1276 of this title. |
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23| SECTION 4. It being immediately necessary for the preservation |
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24|of the public peace, health or safety, an emergency is hereby |
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1|declared to exist, by reason whereof this act shall take effect and |
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2|be in full force from and after its passage and approval. |
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