1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 1052 By: Dahm |
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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 weapons; amending 21 O.S. 2021, |
| Section 1277, which relates to unlawful carry in |
8| certain places; modifying lawful carry; removing |
| certain notification of violation provision; and |
9| providing an effective date. |
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10| |
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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 1277, is |
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14|amended to read as follows: |
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15| Section 1277. |
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16| UNLAWFUL CARRY IN CERTAIN PLACES |
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17| A. It shall be unlawful for any person, including a person in |
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18|possession of a valid handgun license issued pursuant to the |
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19|provisions of the Oklahoma Self-Defense Act, to carry any concealed |
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20|or unconcealed firearm into any of the following places: |
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21| 1. Any structure, building, or office space which is owned or |
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22|leased by a city, town, county, state or federal governmental |
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23|authority for the purpose of conducting business with the public; |
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1| 2. Any courthouse, courtroom, prison, jail, detention facility |
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2|or any facility used to process, hold or house arrested persons, |
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3|prisoners or persons alleged delinquent or adjudicated delinquent, |
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4|except as provided in Section 21 of Title 57 of the Oklahoma |
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5|Statutes; |
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6| 3. Any public or private elementary or public or private |
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7|secondary school, except as provided in subsections C and D of this |
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8|section; |
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9| 4. Any publicly owned or operated sports arena or venue during |
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10|a professional sporting event, unless allowed by the event holder; |
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11| 5. Any place where gambling is authorized by law, unless |
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12|allowed by the property owner; |
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13| 6. Any other place specifically prohibited by law; and |
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14| 7. Any property set aside by a county, city, town, public trust |
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15|with a county, city or town as a beneficiary, or state governmental |
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16|authority for an event that is secured with minimum-security |
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17|provisions. For purposes of this paragraph, a minimum-security |
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18|provision consists of a location that is secured utilizing the |
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19|following: |
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20| a. a metallic-style security fence that is at least |
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21| eight (8) feet in height that encompasses the property |
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22| and is secured in such a way as to deter unauthorized |
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23| entry, |
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24| |
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1| b. controlled access points staffed by a uniformed, |
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2| commissioned peace officer, and |
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3| c. a metal detector whereby persons walk or otherwise |
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4| travel with their property through or by the metal |
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5| detector. |
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6| B. It shall be lawful for a person to carry a concealed or |
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7|unconcealed firearm weapon on the following properties: |
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8| 1. Any property set aside for the use or parking of any |
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9|vehicle, whether attended or unattended, by a city, town, county, |
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10|state or federal governmental authority; |
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11| 2. Any property set aside for the use or parking of any |
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12|vehicle, whether attended or unattended, which is open to the |
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13|public, or by any entity engaged in gambling authorized by law; |
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14| 3. Any property adjacent to a structure, building or office |
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15|space in which concealed or unconcealed weapons are prohibited by |
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16|the provisions of this section; |
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17| 4. Any property designated by a city, town, county or state |
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18|governmental authority as a park, recreational area, wildlife |
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19|refuge, wildlife management area or fairgrounds; provided, nothing |
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20|in this paragraph shall be construed to authorize any entry by a |
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21|person in possession of a concealed or unconcealed firearm weapon |
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22|into any structure, building, office space or event which is |
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23|specifically prohibited by the provisions of subsection A of this |
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24|section; |
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1| 5. Any property set aside by a public or private elementary or |
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2|secondary school for the use or parking of any vehicle, whether |
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3|attended or unattended; provided, however, the firearm weapon shall |
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4|be stored and hidden from view in a locked motor vehicle when the |
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5|motor vehicle is left unattended on school property; and |
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6| 6. Any public property set aside temporarily by a county, city, |
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7|town, public trust with a county, city or town as a beneficiary, or |
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8|state governmental authority for the holder of an event permit that |
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9|is without minimum-security provisions, as such term is defined in |
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10|paragraph 7 of subsection A of this section; provided, the carry of |
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11|firearms weapons within said permitted event area shall be limited |
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12|to concealed carry of a handgun unless otherwise authorized by the |
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13|holder of the event permit. |
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14| Nothing contained in any provision of this subsection or |
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15|subsection C of this section shall be construed to authorize or |
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16|allow any person in control of any place described in subsection A |
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17|of this section to establish any policy or rule that has the effect |
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18|of prohibiting any person in lawful possession of a handgun license |
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19|or otherwise in lawful possession of a firearm weapon from carrying |
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20|or possessing the firearm weapon on the property described in this |
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21|subsection. |
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22| C. A concealed or unconcealed weapon may be carried onto |
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23|private school property or in any school bus or vehicle used by any |
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24|private school for transportation of students or teachers by a |
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1|person who is licensed pursuant to the Oklahoma Self-Defense Act, |
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2|provided a policy has been adopted by the governing entity of the |
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3|private school that authorizes the carrying and possession of a |
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4|weapon on private school property or in any school bus or vehicle |
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5|used by a private school. Except for acts of gross negligence or |
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6|willful or wanton misconduct, a governing entity of a private school |
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7|that adopts a policy which authorizes the possession of a weapon on |
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8|private school property, a school bus or vehicle used by the private |
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9|school shall not be subject to liability for any injuries arising |
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10|from the adoption of the policy. The provisions of this subsection |
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11|shall not apply to claims pursuant to the Administrative Workers' |
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12|Compensation Act. |
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13| D. Notwithstanding paragraph 3 of subsection A of this section, |
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14|a board of education of a school district may adopt a policy |
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15|pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to |
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16|authorize the carrying of a handgun onto school property by school |
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17|personnel specifically designated by the board of education, |
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18|provided such personnel either: |
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19| 1. Possess a valid armed security guard license as provided for |
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20|in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or |
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21| 2. Hold a valid reserve peace officer certification as provided |
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22|for in Section 3311 of Title 70 of the Oklahoma Statutes. |
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23|Nothing in this subsection shall be construed to restrict authority |
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24|granted elsewhere in law to carry firearms. |
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1| E. Notwithstanding the provisions of subsection A of this |
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2|section, on any property designated as a municipal zoo or park of |
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3|any size that is owned, leased, operated or managed by: |
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4| 1. A public trust created pursuant to the provisions of Section |
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5|176 of Title 60 of the Oklahoma Statutes; or |
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6| 2. A nonprofit entity, |
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7|an individual shall be allowed to carry a concealed handgun but not |
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8|openly carry a handgun on the property. |
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9| F. Any person violating the provisions of paragraph 2 or 3 of |
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10|subsection A of this section shall, upon conviction, be guilty of a |
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11|misdemeanor punishable by a fine not to exceed Two Hundred Fifty |
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12|Dollars ($250.00). A person violating any other provision of |
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13|subsection A of this section may be denied entrance onto the |
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14|property or removed from the property. If the person refuses to |
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15|leave the property and a peace officer is summoned, the person may |
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16|be issued a citation for an amount not to exceed Two Hundred Fifty |
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17|Dollars ($250.00). |
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18| G. No person in possession of a valid handgun license issued |
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19|pursuant to the provisions of the Oklahoma Self-Defense Act or who |
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20|is carrying or in possession of a firearm as otherwise permitted by |
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21|law or who is carrying or in possession of a machete, blackjack, |
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22|loaded cane, hand chain or metal knuckles shall be authorized to |
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23|carry the firearm, machete, blackjack, loaded cane, hand chain or |
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24|metal knuckles into or upon any college, university or technology |
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1|center school property, except as provided in this subsection. For |
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2|purposes of this subsection, the following property shall not be |
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3|construed to be college, university or technology center school |
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4|property: |
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5| 1. Any property set aside for the use or parking of any motor |
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6|vehicle, whether attended or unattended, provided the firearm, |
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7|machete, blackjack, loaded cane, hand chain or metal knuckles are |
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8|carried or stored as required by law and the firearm, machete, |
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9|blackjack, loaded cane, hand chain or metal knuckles are not removed |
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10|from the motor vehicle without the prior consent of the college or |
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11|university president or technology center school administrator while |
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12|the vehicle is on any college, university or technology center |
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13|school property; |
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14| 2. Any property authorized for possession or use of firearms, |
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15|machetes, blackjacks, loaded canes, hand chains or metal knuckles by |
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16|college, university or technology center school policy; and |
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17| 3. Any property authorized by the written consent of the |
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18|college or university president or technology center school |
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19|administrator, provided the written consent is carried with the |
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20|firearm, machete, blackjack, loaded cane, hand chain or metal |
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21|knuckles and the valid handgun license while on college, university |
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22|or technology center school property. |
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23| The college, university or technology center school may notify |
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24|the Oklahoma State Bureau of Investigation within ten (10) days of a |
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1|violation of any provision of this subsection by a licensee. Upon |
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2|receipt of a written notification of violation, the Bureau shall |
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3|give a reasonable notice to the licensee and hold a hearing. At the |
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4|hearing, upon a determination that the licensee has violated any |
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5|provision of this subsection, the licensee may be subject to an |
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6|administrative fine of Two Hundred Fifty Dollars ($250.00) and may |
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7|have the handgun license suspended for three (3) months. |
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8| H. Nothing contained in any provision of this subsection shall |
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9|be construed to authorize or allow any college, university or |
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10|technology center school to establish any policy or rule that has |
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11|the effect of prohibiting any person in lawful possession of a |
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12|handgun license or any person in lawful possession of a firearm, |
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13|machete, blackjack, loaded cane, hand chain or metal knuckles from |
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14|possession of a firearm, machete, blackjack, loaded cane, hand chain |
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15|or metal knuckles in places described in paragraphs 1, 2 and 3 of |
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16|this subsection. Nothing contained in any provision of this |
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17|subsection shall be construed to limit the authority of any college, |
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18|university, or technology center, or school in this state from |
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19|taking administrative action against any student for any violation |
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20|of any provision of this subsection. |
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21| H. I. The provisions of this section shall not apply to the |
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22|following: |
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23| 1. Any peace officer or any person authorized by law to carry a |
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24|firearm in the course of employment; |
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1| 2. District judges, associate district judges and special |
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2|district judges, who are in possession of a valid handgun license |
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3|issued pursuant to the provisions of the Oklahoma Self-Defense Act |
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4|and whose names appear on a list maintained by the Administrative |
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5|Director of the Courts, when acting in the course and scope of |
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6|employment within the courthouses of this state; |
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7| 3. Private investigators with a firearms authorization when |
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8|acting in the course and scope of employment; |
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9| 4. Elected officials of a county, who are in possession of a |
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10|valid handgun license issued pursuant to the provisions of the |
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11|Oklahoma Self-Defense Act, may carry a concealed handgun when acting |
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12|in the performance of his or her duties within the courthouses of |
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13|the county in which he or she was elected. The provisions of this |
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14|paragraph shall not allow the elected county official to carry the |
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15|handgun into a courtroom; |
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16| 5. The sheriff of any county may authorize certain employees of |
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17|the county, who possess a valid handgun license issued pursuant to |
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18|the provisions of the Oklahoma Self-Defense Act, to carry a |
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19|concealed handgun when acting in the course and scope of employment |
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20|within the courthouse in the county in which the person is employed. |
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21| Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff |
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22|from requiring additional instruction or training before granting |
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23|authorization to carry a concealed handgun within the courthouse. |
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24|The provisions of this paragraph and of paragraph 6 of this |
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1|subsection shall not allow the county employee to carry the handgun |
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2|into a courtroom, sheriff's office, adult or juvenile jail or any |
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3|other prisoner detention area; and |
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4| 6. The board of county commissioners of any county may |
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5|authorize certain employees of the county, who possess a valid |
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6|handgun license issued pursuant to the provisions of the Oklahoma |
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7|Self-Defense Act, to carry a concealed handgun when acting in the |
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8|course and scope of employment on county annex facilities or grounds |
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9|surrounding the county courthouse. |
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10| I. J. For the purposes of this section, "motor vehicle" means |
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11|any automobile, truck, minivan, sports utility vehicle, or |
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12|motorcycle, as defined in Section 1-135 of Title 47 of the Oklahoma |
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13|Statutes, equipped with a locked accessory container within or |
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14|affixed to the motorcycle. |
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15| SECTION 2. This act shall become effective November 1, 2023. |
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17| 59-1-1067 JES 1/19/2023 4:27:12 PM |
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