1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 823 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, |
| Section 1289.7a, which relates to transporting or |
8| storing firearms; removing certain prohibition; |
| prohibiting certain policy or rule; amending 21 O.S. |
9| 2021, Section 1290.22, which relates to business |
| owner's rights; removing certain prohibition; |
10| prohibiting certain policy or rule; 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 1289.7a, is |
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15|amended to read as follows: |
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16| Section 1289.7a. A. No person, property owner, tenant, |
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17|employer, or business entity shall maintain, establish, or enforce |
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18|any policy or rule that has the effect of prohibiting any person, |
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19|except a convicted felon, from transporting and storing firearms or |
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20|ammunition in a locked motor vehicle, or from transporting and |
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21|storing firearms or ammunition locked in or locked to a motor |
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22|vehicle on any property set aside for any motor vehicle. |
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23| B. No person, property owner, tenant, employer, or business |
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24|entity shall be liable in any civil action for occurrences which |
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1|result from the storing of establish or enforce any policy or rule |
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2|that prohibits any person or employee, except a convicted felon, |
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3|from transporting, carrying, or storing firearms or ammunition in a |
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4|locked motor vehicle on any property set aside for any motor |
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5|vehicle, unless the person, property owner, tenant, employer, or |
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6|owner of the business entity commits a criminal act involving the |
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7|use of the firearms or ammunition. The provisions of this |
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8|subsection shall not apply to claims pursuant to the Workers'Compensation Act or a motor vehicle owned, leased, or rented by the |
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10|person or employee to conduct business for the business entity. |
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11| C. An individual may bring a civil action to enforce this |
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12|section. If a plaintiff prevails in a civil action related to the |
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13|personnel manual against a person, property owner, tenant, employer |
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14|or business for a violation of this section, the court shall award |
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15|actual damages, enjoin further violations of this section, and award |
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16|court costs and attorney fees to the prevailing plaintiff. |
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17| D. As used in this section, "motor vehicle" means any |
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18|automobile, truck, minivan, sports utility vehicle, motorcycle, |
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19|motor scooter, and any other vehicle required to be registered under |
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20|the Oklahoma Vehicle License and Registration Act. |
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21| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.22, is |
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22|amended to read as follows: |
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23| Section 1290.22. |
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24| BUSINESS OWNER'S RIGHTS |
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1| A. Except as provided in subsections B, C and D of this |
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2|section, nothing contained in any provision of the Oklahoma |
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3|Self-Defense Act shall be construed to limit, restrict or prohibit |
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4|in any manner the existing rights of any person, property owner, |
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5|tenant, employer, liquor store, place of worship or business entity |
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6|to control the possession of weapons on any property owned or |
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7|controlled by the person or business entity. |
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8| B. No person, property owner, tenant, employer, liquor store, |
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9|holder of an event permit, place of worship or business entity shall |
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10|be permitted to establish any policy or rule that has the effect of |
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11|prohibiting prohibits any person, except a convicted felon, from |
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12|transporting and storing firearms in a locked vehicle on any |
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13|property set aside for any vehicle or from transporting, carrying, |
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14|or storing firearms or ammunition in a motor vehicle owned, leased, |
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15|or rented by the person or employee while conducting business for |
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16|the business entity. |
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17| C. A property owner, tenant, employer, liquor store, place of |
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18|worship or business entity may prohibit any person from carrying a |
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19|concealed or unconcealed firearm on the property. If the building |
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20|or property is open to the public, the property owner, tenant, |
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21|employer, liquor store, place of worship or business entity shall |
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22|post signs on or about the property stating such prohibition. |
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23| D. No person, property owner, tenant, employer, liquor store, |
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24|holder of an event permit, place of worship or business entity shall |
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1|be permitted to establish any policy or rule that has the effect of |
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2|prohibiting any person from carrying a concealed or unconcealed |
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3|firearm on property within the specific exclusion provided for in |
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4|paragraph 4 of subsection B of Section 1277 of this title; provided |
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5|that carrying a concealed or unconcealed firearm may be prohibited |
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6|in the following places: |
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7| 1. The portion of a public property structure or building |
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8|during an event authorized by the city, town, county, state or |
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9|federal governmental authority owning or controlling such building |
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10|or structure; |
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11| 2. Any public property sports field including any adjacent |
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12|seating or adjacent area set aside for viewing a sporting event, |
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13|where an elementary or secondary school, collegiate, or professional |
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14|sporting event or an International Olympic Committee or organization |
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15|or any committee subordinate to the International Olympic Committee |
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16|event is being held; |
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17| 3. The fairgrounds during the Oklahoma State Fair or the Tulsa |
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18|State Fair; and |
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19| 4. The portion of a public property structure or building that |
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20|is leased or under contract to a business or not-for-profit entity |
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21|or group for offices. |
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22| E. The otherwise lawful carrying of a concealed or unconcealed |
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23|firearm by a person on property that has signs prohibiting the |
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24|carrying of firearms shall subject the person to being denied |
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1|entrance onto the property or removed from the property. If the |
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2|person: |
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3| 1. Has been informed by the property owner, business entity or |
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4|manager of the business that the person is in violation of a policy |
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5|that prohibits firearms on the property; and |
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6| 2. Refuses to leave the property and a peace officer is |
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7|summoned, the person shall, upon conviction, be guilty of a |
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8|misdemeanor punishable by a fine not to exceed Two Hundred Fifty |
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9|Dollars ($250.00). |
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10| F. A person, property owner, tenant, employer, liquor store, |
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11|holder of an event permit, place of worship or business entity that |
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12|does or does not prohibit any individual, except a convicted felon, |
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13|from carrying a loaded or unloaded, concealed or unconcealed weapon |
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14|on property that the person, property owner, tenant, employer, |
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15|liquor store, holder of an event permit, place of worship or |
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16|business entity owns, or has legal control of, is immune from any |
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17|liability arising from that decision. Except for acts of gross |
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18|negligence or willful or wanton misconduct, an employer who does or |
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19|does not prohibit his or her employees from carrying a concealed or |
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20|unconcealed weapon is immune from any liability arising from that |
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21|decision. A person, property owner, tenant, employer, liquor store, |
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22|holder of an event permit, place of worship or business entity that |
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23|does not prohibit persons from carrying a concealed or unconcealed |
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24|weapon pursuant to subsection D of this section shall be immune from |
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1|any liability arising from the carrying of a concealed or |
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2|unconcealed weapon, while in the scope of employment, on the |
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3|property or in or about a business entity vehicle. The provisions |
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4|of this subsection shall not apply to claims pursuant to the |
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5|Administrative Workers' Compensation Act. |
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6| G. It shall not be considered part of an employee's job |
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7|description or within the employee's scope of employment if an |
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8|employee is allowed to carry or discharge a weapon pursuant to this |
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9|section. |
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10| H. Nothing in subsections F and G of this section shall prevent |
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11|an employer, employee or person who has suffered loss resulting from |
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12|the discharge of a weapon to seek redress or damages of the person |
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13|who discharged the weapon or used the weapon outside the provisions |
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14|of the Oklahoma Self-Defense Act. |
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15| SECTION 3. This act shall become effective November 1, 2023. |
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17| 59-1-935 JES 1/19/2023 9:48:49 AM |
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