1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE BILL 838 By: Bullard |
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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, |
| Sections 1277 and 1280.1, which relate to the |
8| unlawful carry of firearms on certain property and |
| possession of firearms on school property; updating |
9| statutory reference; authorizing school personnel |
| with a handgun license to carry on public school |
10| property under certain circumstances; providing for |
| biannual training; providing for continuing education |
11| and training; amending 70 O.S. 2021, Section 5-149.2, |
| which relates to the authorization of certain persons |
12| to carry handguns on public school property; |
| authorizing school boards to adopt policies related |
13| to the carrying of handguns on public school property |
| by school personnel; stating qualifications for |
14| designated school personnel; providing for continuing |
| education and training; authorizing boards of |
15| education to designate school personnel to attend |
| certain training programs; clarifying immunity from |
16| liability provisions; providing an effective date; |
| and declaring an emergency. |
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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Req. No. 100 Page 1
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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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Req. No. 100 Page 2
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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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Req. No. 100 Page 3
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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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Req. No. 100 Page 4
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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 concealed handgun onto school property |
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21|by school personnel specifically designated by the board of |
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22|education, provided such personnel either: |
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23| |
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24| |
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Req. No. 100 Page 5
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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. a. Possesses a valid handgun license issued pursuant to |
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7| the provisions of the Oklahoma Self-Defense Act, |
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8| b. Has successfully completed twenty-four (24) hours of |
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9| training, to include a minimum of four (4) hours of |
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10| weapon retention training certified by the Council on |
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11| Law Enforcement Education and Training (CLEET), and |
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12| c. Has demonstrated proficiency in handgun training and |
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13| campus-specific active shooter training as determined |
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14| by the law enforcement agency having jurisdiction in |
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15| that public school district. |
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16| In addition to continuing education requirements for personnel |
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17|authorized by the board of education to carry a concealed firearm |
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18|onto public school property as a licensed armed security guard or |
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19|reserve peace officer, personnel authorized to carry pursuant to the |
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20|provisions of this subsection shall be required to obtain biannual |
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21|training to include, but not be limited to, four (4) hours of |
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22|CLEET-certified weapon retention training, four (4) hours of |
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23|campus-specific active shooter training as determined by the |
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24|appropriate law enforcement agency having jurisdiction in that |
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Req. No. 100 Page 6
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1|public school district, and any other training as deemed necessary |
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2|by the appropriate law enforcement agency having jurisdiction in |
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3|that public school district. Training required may be provided by |
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4|the appropriate law enforcement agency having jurisdiction in that |
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5|public school district or by a privately contracted company that |
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6|offers the appropriate training. |
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7| Authorization to carry pursuant to this subsection shall require |
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8|the authorized personnel to maintain the concealed firearm on their |
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9|person at all times while on the school property. |
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10| Nothing in this subsection shall be construed to restrict |
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11|authority 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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Req. No. 100 Page 7
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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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Req. No. 100 Page 8
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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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Req. No. 100 Page 9
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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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Req. No. 100 Page 10
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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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Req. No. 100 Page 11
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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 the gun or |
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6|knife is driven onto school property only to transport a student to |
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7|and from school and such vehicle does not remain unattended on |
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8|school 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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Req. No. 100 Page 13
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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 the handgun shall be stored and hidden from view in a locked |
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2|motor 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. (1) possesses a valid handgun license issued |
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15| pursuant to the provisions of the Oklahoma |
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16| Self-Defense Act, |
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17| (2) has successfully completed twenty-four (24) |
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18| hours of training, including a minimum of four |
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19| (4) hours of weapon retention training certified |
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20| by the Council on Law Enforcement Education and |
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21| Training (CLEET), and |
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22| (3) has demonstrated proficiency in handgun training |
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23| and campus-specific active shooter training as |
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24| |
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Req. No. 100 Page 15
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1| determined by the law enforcement agency having |
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2| jurisdiction in that public school district, |
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3|if a policy has been adopted by the board of education of the public |
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4|school district that authorizes the carrying of a concealed handgun |
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5|onto public school property by such personnel. Ongoing continuing |
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6|education and training shall be required of any person authorized by |
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7|the board of education to carry a handgun pursuant to the provisions |
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8|and requirements provided in subsection D of Section 1277 of this |
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9|title. Nothing in this subsection shall be construed to restrict |
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10|authority granted elsewhere in law to carry firearms. |
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11| D. Any person violating the provisions of this section shall, |
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12|upon conviction, be guilty of a misdemeanor punishable by a fine of |
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13|not to exceed Two Hundred Fifty Dollars ($250.00). |
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14| SECTION 3. AMENDATORY 70 O.S. 2021, Section 5-149.2, is |
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15|amended to read as follows: |
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16| Section 5-149.2. A. The board of education of a public school |
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17|district may, through a majority vote of the board, designate adopt |
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18|a policy to authorize the carrying of a concealed handgun onto |
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19|school property by school personnel who have been issued a handgun |
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20|license pursuant to the Oklahoma Self-Defense Act to attend an |
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21|specifically designated by the public school board of education, |
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22|provided such personnel either: |
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23| 1. Possess a valid armed security guard license as provided for |
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24|in the Oklahoma Security Guard and Private Investigator Act; |
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Req. No. 100 Page 16
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1| 2. Hold a valid reserve peace officer certification as provided |
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2|for in Section 3311 of this title; or |
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3| 3. a. Possess a valid handgun license issued pursuant to |
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4| the provisions of the Oklahoma Self-Defense Act, |
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5| b. Has successfully completed twenty-four (24) hours of |
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6| training, including a minimum of four (4) hours of |
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7| weapon retention training certified by the Council on |
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8| Law Enforcement Education and Training (CLEET), and |
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9| c. Has demonstrated proficiency in handgun training and |
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10| campus-specific active shooter training as determined |
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11| by the appropriate law enforcement agency having |
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12| jurisdiction in that public school district. |
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13| Ongoing continuing education and training shall be required of |
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14|any person authorized by the board of education to carry a concealed |
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15|handgun pursuant to the provisions and requirements provided in |
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16|subsection D of Section 1277 of Title 21 of the Oklahoma Statutes. |
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17| B. The board of education of a public school may designate |
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18|school personnel to attend an armed security guard training program, |
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19|as provided for in Section 1750.5 of Title 59 of the Oklahoma |
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20|Statutes, or a reserve peace officer certification program, as |
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21|provided for in Section 3311 of Title 70 of the Oklahoma Statutes |
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22|this title, provided and developed by the Council on Law Enforcement |
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23|Education and Training (CLEET). Nothing in this section shall be |
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24| |
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Req. No. 100 Page 17
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1|construed to prohibit or limit the board of education of a school |
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2|district from requiring ongoing education and training. |
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3| B. C. Participation in either the armed security guard training |
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4|program or, the reserve peace officer certification program or |
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5|training to carry a handgun as provided in paragraph 3 of subsection |
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6|A of this section, shall be voluntary and shall not in any way be |
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7|considered a requirement for continued employment with the public |
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8|school district. The board of education of a public school district |
| |
9|shall have the final authority to determine and designate the school |
| |
10|personnel who will be authorized to obtain and use an armed security |
| |
11|guard license or, reserve peace officer certification or participate |
| |
12|with a handgun license and required training components in |
| |
13|conjunction with their his or her employment as school personnel. |
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14| C. D. The board of education of a public school district that |
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15|authorizes school personnel to participate in either the armed |
| |
16|security guard program or the reserve peace officer program may pay |
| |
17|all necessary training, meal and lodging expenses associated with |
| |
18|the training. |
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19| D. E. When carrying a firearm pursuant to the provisions of |
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20|this act section, the person shall at all times carry the firearm on |
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21|his or her person or the firearm shall be stored in a locked and |
| |
22|secure location. |
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23| E. F. Any public school personnel who have successfully |
| |
24|completed either armed security guard training, reserve peace |
| |
Req. No. 100 Page 18
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1|officer certification training or handgun license training as |
| |
2|provided in paragraph 3 of subsection A of this section and while |
| |
3|acting in good faith a reasonable and prudent manner shall not be |
| |
4|immune from subject to civil and criminal liability for any injury |
| |
5|resulting from the carrying of a handgun onto public school property |
| |
6|as provided for in this act section. Any board of education of a |
| |
7|public school district or participating local law enforcement agency |
| |
8|shall not be immune from subject to civil and criminal liability for |
| |
9|any injury resulting from any act committed by school personnel who |
| |
10|are designated to carry a concealed handgun on public school |
| |
11|property pursuant to the provisions of this act section. |
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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 public school district is authorized to |
| |
14|enter into a memorandum of understanding with local law enforcement |
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15|entities. |
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16| SECTION 4. This act shall become effective July 1, 2023. |
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17| SECTION 5. It being immediately necessary for the preservation |
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18|of the public peace, health or safety, an emergency is hereby |
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19|declared to exist, by reason whereof this act shall take effect and |
| |
20|be in full force from and after its passage and approval. |
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21| |
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22| 59-1-100 BG 1/19/2023 10:59:10 AM |
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23| |
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24| |
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Req. No. 100 Page 19
