1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 277 By: Stephens |
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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 1280.1, which relates to possession of |
8| firearm on school property; modifying term; removing |
| certain qualifier; clarifying language; declaring |
9| certain individuals as individually licensed and |
| verified as it relates to the federal Gun-Free School |
10| Zones Act; updating statutory language; and providing |
| an effective date. |
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12| |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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14| SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is |
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15|amended to read as follows: |
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16| Section 1280.1. |
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17| POSSESSION OF FIREARM ON SCHOOL PROPERTY |
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18| A. It shall be unlawful for any person to have in his or her |
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19|possession on any public or private school property or while in any |
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20|school bus or vehicle used by any school for transportation of |
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21|students or teachers any firearm or weapon designated in Section |
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22|1272 of this title, except as provided in subsection C of this |
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23|section or as otherwise authorized by law. |
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24| B. For purposes of this section: |
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1| 1. "School property" means any publicly owned property held for |
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2|purposes of elementary, secondary or vocational-technical education, |
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3|and shall not include property owned by public school districts or |
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4|where such property is leased or rented to an individual or |
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5|corporation and used for purposes other than educational; |
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6| 2. "Private school" means a school that offers a course of |
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7|instruction for students in one or more grades from prekindergarten |
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8|through grade twelve and is not operated by a governmental entity; |
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9|and |
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10| 3. "Motor vehicle" means any automobile, truck, minivan or |
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11|sports utility vehicle. |
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12| C. Firearms and weapons are allowed on school property and |
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13|deemed not in violation of subsection A of this section as follows: |
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14| 1. A gun firearm or knife designed for self-defense or for |
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15|hunting or fishing purposes kept in a privately owned vehicle and |
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16|properly displayed or stored and hidden from view as required by |
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17|law, provided such vehicle containing said gun or knife is driven |
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18|onto school property only to transport a student to and from school |
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19|and such vehicle does not remain unattended on school property; |
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20| 2. A gun firearm or knife stored hidden from view in a locked |
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21|privately owned motor vehicle and for the purpose of self-defense or |
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22|used for the purposes of participating in the Oklahoma Department of |
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23|Wildlife Conservation certified hunter training education course or |
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24|any other hunting, fishing, safety or firearms training courses, or |
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1|a recognized firearms sports event, team shooting program or |
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2|competition, or living history reenactment, provided the course or |
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3|event is approved by the principal or chief administrator of the |
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4|school where the course or event is offered, and provided the |
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5|firearm or weapon is properly displayed or stored as required by law |
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6|pending participation in the course, event, program or competition; |
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7| 3. Weapons Firearms or weapons in the possession of any peace |
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8|officer or other person authorized by law to possess a weapon in the |
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9|performance of his or her duties and responsibilities; |
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10| 4. A concealed or unconcealed weapon carried onto private |
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11|school property or in any school bus or vehicle used by any private |
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12|school for transportation of students or teachers by a person who is |
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13|licensed pursuant to the Oklahoma Self-Defense Act, provided a |
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14|policy has been adopted by the governing entity of the private |
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15|school that authorizes the possession of a weapon on private school |
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16|property or in any school bus or vehicle used by a private school. |
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17|Except for acts of gross negligence or willful or wanton misconduct, |
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18|a governing entity of a private school that adopts a policy which |
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19|authorizes the possession of a weapon on private school property, a |
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20|school bus or vehicle used by the private school shall not be immune |
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21|from subject to liability for any injuries arising from the adoption |
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22|of the policy. The provisions of this paragraph shall not apply to |
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23|claims pursuant to the Workers' Compensation Code; |
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24| |
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1| 5. A gun firearm, knife, bayonet or other weapon in the |
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2|possession of a member of a veterans group, the national guard |
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3|National Guard, active military, the Reserve Officers' Training |
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4|Corps (ROTC) or Junior ROTC, in order to participate in a ceremony, |
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5|assembly or educational program approved by the principal or chief |
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6|administrator of a school or school district where the ceremony, |
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7|assembly or educational program is being held; provided, however, |
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8|the gun firearm or other weapon that uses projectiles is not loaded |
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9|and is inoperable at all times while on school property; |
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10| 6. A handgun firearm carried in a motor vehicle pursuant to a |
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11|valid handgun license authorized by the provisions of the Oklahoma |
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12|Self-Defense Act onto property set aside by a public or private |
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13|elementary or secondary school for the use or parking of any |
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14|vehicle; provided, however, said handgun the firearm shall be stored |
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15|and hidden from view in a locked motor vehicle when the motor |
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16|vehicle is left unattended on school property; and |
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17| 7. A handgun carried onto public school property by school |
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18|personnel who have been designated by the board of education, |
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19|provided such personnel either: |
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20| a. possess a valid armed security guard license as |
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21| provided for in Section 1750.1 et seq. of Title 59 of |
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22| the Oklahoma Statutes, or |
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23| b. hold a valid reserve peace officer certification as |
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1| provided for in Section 3311 of Title 70 of the |
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2| Oklahoma Statutes, |
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3|if a policy has been adopted by the board of education of the school |
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4|district that authorizes the carrying of a handgun onto public |
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5|school property by such personnel. Nothing in this subsection shall |
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6|be construed to restrict authority granted elsewhere in law to carry |
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7|firearms. |
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8| D. Any person violating the provisions of this section shall, |
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9|upon conviction, be guilty of a misdemeanor punishable by a fine of |
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10|not to exceed Two Hundred Fifty Dollars ($250.00). |
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11| E. Considering the right to keep and bear arms provided in |
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12|Article II, Section 26 of the Oklahoma Constitution, any person who |
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13|is not precluded from lawfully owning and possessing a firearm |
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14|pursuant to state and federal law shall be considered to be |
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15|individually authorized by the State of Oklahoma within the meaning |
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16|of the provisions regarding individual licensure and verification |
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17|pursuant to the federal Gun-Free School Zones Act. |
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18| SECTION 2. This act shall become effective November 1, 2023. |
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20| 59-1-325 JES 1/11/2023 5:09:12 PM |
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