1| SENATE FLOOR VERSION |
| March 2, 2023 |
2| AS AMENDED |
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3|SENATE BILL NO. 838 By: Bullard of the Senate |
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4| and |
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5| McDugle of the House |
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6| |
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7| [ firearms - unlawful carry - possession - school |
| property - handgun license - training - continuing |
8| education - authorization - policies - school |
| personnel - qualifications - immunity - effective |
9| date - emergency ] |
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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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24| |
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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 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 into any |
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22|structure, building, office space or event which is specifically |
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23|prohibited by the provisions of subsection A of this section; |
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24| |
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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 shall be |
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4|stored and hidden from view in a locked motor vehicle when the motor |
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5|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 within said permitted event area shall be limited to |
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12|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 from carrying or |
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20|possessing the firearm on the property described in this subsection. |
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21| C. A concealed or unconcealed weapon may be carried onto |
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22|private school property or in any school bus or vehicle used by any |
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23|private school for transportation of students or teachers by a |
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24|person who is licensed pursuant to the Oklahoma Self-Defense Act, |
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1|provided a policy has been adopted by the governing entity of the |
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2|private school that authorizes the carrying and possession of a |
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3|weapon on private school property or in any school bus or vehicle |
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4|used by a private school. Except for acts of gross negligence or |
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5|willful or wanton misconduct, a governing entity of a private school |
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6|that adopts a policy which authorizes the possession of a weapon on |
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7|private school property, a school bus or vehicle used by the private |
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8|school shall not be subject to liability for any injuries arising |
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9|from the adoption of the policy. The provisions of this subsection |
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10|shall not apply to claims pursuant to the Administrative Workers' |
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11|Compensation Act. |
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12| D. Notwithstanding paragraph 3 of subsection A of this section, |
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13|a board of education of a school district may adopt a policy |
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14|pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to |
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15|authorize the carrying of a concealed handgun onto school property |
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16|by school personnel specifically designated by the board of |
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17|education, provided such personnel either: |
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18| 1. Possess a valid armed security guard license as provided for |
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19|in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes the |
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20|Oklahoma Security Guard and Private Investigator Act; 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; or |
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23| 3. a. Possesses a valid handgun license issued pursuant to |
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24| the provisions of the Oklahoma Self-Defense Act, |
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1| b. Has successfully completed twenty-four (24) hours of |
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2| training, to include a minimum of four (4) hours of |
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3| weapon retention training certified by the Council on |
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4| Law Enforcement Education and Training (CLEET), and |
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5| c. Has demonstrated proficiency in handgun training and |
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6| campus-specific active shooter training as determined |
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7| by the law enforcement agency having jurisdiction in |
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8| that public school district. |
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9| In addition to continuing education requirements for personnel |
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10|authorized by the board of education to carry a concealed firearm |
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11|onto public school property as a licensed armed security guard or |
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12|reserve peace officer, personnel authorized to carry pursuant to the |
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13|provisions of this subsection shall be required to obtain biannual |
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14|training to include, but not be limited to, four (4) hours of |
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15|CLEET-certified weapon retention training, four (4) hours of |
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16|campus-specific active shooter training as determined by the |
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17|appropriate law enforcement agency having jurisdiction in that |
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18|public school district, and any other training as deemed necessary |
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19|by the appropriate law enforcement agency having jurisdiction in |
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20|that public school district. Training required may be provided by |
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21|the appropriate law enforcement agency having jurisdiction in that |
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22|public school district or by a privately contracted company that |
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23|offers the appropriate training. |
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24| |
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1| Authorization to carry pursuant to this subsection shall require |
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2|the authorized personnel to maintain the concealed firearm on their |
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3|person at all times while on the school property. |
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4| Nothing in this subsection shall be construed to restrict |
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5|authority granted elsewhere in law to carry firearms. |
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6| E. Notwithstanding the provisions of subsection A of this |
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7|section, on any property designated as a municipal zoo or park of |
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8|any size that is owned, leased, operated or managed by: |
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9| 1. A public trust created pursuant to the provisions of Section |
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10|176 of Title 60 of the Oklahoma Statutes; or |
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11| 2. A nonprofit entity, |
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12|an individual shall be allowed to carry a concealed handgun but not |
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13|openly carry a handgun on the property. |
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14| F. Any person violating the provisions of paragraph 2 or 3 of |
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15|subsection A of this section shall, upon conviction, be guilty of a |
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16|misdemeanor punishable by a fine not to exceed Two Hundred Fifty |
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17|Dollars ($250.00). A person violating any other provision of |
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18|subsection A of this section may be denied entrance onto the |
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19|property or removed from the property. If the person refuses to |
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20|leave the property and a peace officer is summoned, the person may |
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21|be issued a citation for an amount not to exceed Two Hundred Fifty |
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22|Dollars ($250.00). |
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23| G. No person in possession of a valid handgun license issued |
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24|pursuant to the provisions of the Oklahoma Self-Defense Act or who |
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1|is carrying or in possession of a firearm as otherwise permitted by |
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2|law or who is carrying or in possession of a machete, blackjack, |
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3|loaded cane, hand chain or metal knuckles shall be authorized to |
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4|carry the firearm, machete, blackjack, loaded cane, hand chain or |
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5|metal knuckles into or upon any college, university or technology |
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6|center school property, except as provided in this subsection. For |
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7|purposes of this subsection, the following property shall not be |
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8|construed to be college, university or technology center school |
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9|property: |
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10| 1. Any property set aside for the use or parking of any motor |
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11|vehicle, whether attended or unattended, provided the firearm, |
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12|machete, blackjack, loaded cane, hand chain or metal knuckles are |
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13|carried or stored as required by law and the firearm, machete, |
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14|blackjack, loaded cane, hand chain or metal knuckles are not removed |
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15|from the motor vehicle without the prior consent of the college or |
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16|university president or technology center school administrator while |
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17|the vehicle is on any college, university or technology center |
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18|school property; |
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19| 2. Any property authorized for possession or use of firearms, |
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20|machetes, blackjacks, loaded canes, hand chains or metal knuckles by |
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21|college, university or technology center school policy; and |
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22| 3. Any property authorized by the written consent of the |
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23|college or university president or technology center school |
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24|administrator, provided the written consent is carried with the |
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1|firearm, machete, blackjack, loaded cane, hand chain or metal |
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2|knuckles and the valid handgun license while on college, university |
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3|or technology center school property. |
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4| The college, university or technology center school may notify |
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5|the Oklahoma State Bureau of Investigation within ten (10) days of a |
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6|violation of any provision of this subsection by a licensee. Upon |
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7|receipt of a written notification of violation, the Bureau shall |
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8|give a reasonable notice to the licensee and hold a hearing. At the |
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9|hearing, upon a determination that the licensee has violated any |
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10|provision of this subsection, the licensee may be subject to an |
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11|administrative fine of Two Hundred Fifty Dollars ($250.00) and may |
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12|have the handgun license suspended for three (3) months. |
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13| Nothing contained in any provision of this subsection shall be |
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14|construed to authorize or allow any college, university or |
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15|technology center school to establish any policy or rule that has |
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16|the effect of prohibiting any person in lawful possession of a |
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17|handgun license or any person in lawful possession of a firearm, |
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18|machete, blackjack, loaded cane, hand chain or metal knuckles from |
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19|possession of a firearm, machete, blackjack, loaded cane, hand chain |
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20|or metal knuckles in places described in paragraphs 1, 2 and 3 of |
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21|this subsection. Nothing contained in any provision of this |
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22|subsection shall be construed to limit the authority of any college, |
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23|university or technology center school in this state from taking |
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24| |
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1|administrative action against any student for any violation of any |
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2|provision of this subsection. |
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3| H. The provisions of this section shall not apply to the |
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4|following: |
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5| 1. Any peace officer or any person authorized by law to carry a |
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6|firearm in the course of employment; |
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7| 2. District judges, associate district judges and special |
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8|district judges, who are in possession of a valid handgun license |
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9|issued pursuant to the provisions of the Oklahoma Self-Defense Act |
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10|and whose names appear on a list maintained by the Administrative |
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11|Director of the Courts, when acting in the course and scope of |
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12|employment within the courthouses of this state; |
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13| 3. Private investigators with a firearms authorization when |
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14|acting in the course and scope of employment; |
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15| 4. Elected officials of a county, who are in possession of a |
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16|valid handgun license issued pursuant to the provisions of the |
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17|Oklahoma Self-Defense Act, may carry a concealed handgun when acting |
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18|in the performance of his or her duties within the courthouses of |
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19|the county in which he or she was elected. The provisions of this |
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20|paragraph shall not allow the elected county official to carry the |
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21|handgun into a courtroom; |
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22| 5. The sheriff of any county may authorize certain employees of |
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23|the county, who possess a valid handgun license issued pursuant to |
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24|the provisions of the Oklahoma Self-Defense Act, to carry a |
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1|concealed handgun when acting in the course and scope of employment |
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2|within the courthouse in the county in which the person is employed. |
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3| Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff |
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4|from requiring additional instruction or training before granting |
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5|authorization to carry a concealed handgun within the courthouse. |
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6|The provisions of this paragraph and of paragraph 6 of this |
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7|subsection shall not allow the county employee to carry the handgun |
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8|into a courtroom, sheriff's office, adult or juvenile jail or any |
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9|other prisoner detention area; and |
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10| 6. The board of county commissioners of any county may |
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11|authorize certain employees of the county, who possess a valid |
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12|handgun license issued pursuant to the provisions of the Oklahoma |
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13|Self-Defense Act, to carry a concealed handgun when acting in the |
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14|course and scope of employment on county annex facilities or grounds |
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15|surrounding the county courthouse. |
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16| I. For the purposes of this section, "motor vehicle" means any |
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17|automobile, truck, minivan, sports utility vehicle, or motorcycle, |
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18|as defined in Section 1-135 of Title 47 of the Oklahoma Statutes, |
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19|equipped with a locked accessory container within or affixed to the |
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20|motorcycle. |
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21| SECTION 2. AMENDATORY 21 O.S. 2021, Section 1280.1, is |
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22|amended to read as follows: |
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23| Section 1280.1. |
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24| POSSESSION OF FIREARM ON SCHOOL PROPERTY |
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1| A. It shall be unlawful for any person to have in his or her |
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2|possession on any public or private school property or while in any |
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3|school bus or vehicle used by any school for transportation of |
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4|students or teachers any firearm or weapon designated in Section |
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5|1272 of this title, except as provided in subsection C of this |
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6|section or as otherwise authorized by law. |
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7| B. For purposes of this section: |
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8| 1. "School property" means any publicly owned property held for |
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9|purposes of elementary, secondary or vocational-technical education, |
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10|and shall not include property owned by public school districts or |
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11|where such property is leased or rented to an individual or |
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12|corporation and used for purposes other than educational; |
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13| 2. "Private school" means a school that offers a course of |
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14|instruction for students in one or more grades from prekindergarten |
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15|through grade twelve and is not operated by a governmental entity; |
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16|and |
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17| 3. "Motor vehicle" means any automobile, truck, minivan or |
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18|sports utility vehicle. |
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19| C. Firearms and weapons are allowed on school property and |
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20|deemed not in violation of subsection A of this section as follows: |
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21| 1. A gun or knife designed for hunting or fishing purposes kept |
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22|in a privately owned vehicle and properly displayed or stored as |
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23|required by law, provided such vehicle containing said the gun or |
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24|knife is driven onto school property only to transport a student to |
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1|and from school and such vehicle does not remain unattended on |
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2|school property; |
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3| 2. A gun or knife used for the purposes of participating in the |
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4|Oklahoma Department of Wildlife Conservation certified hunter |
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5|training education course or any other hunting, fishing, safety or |
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6|firearms training courses, or a recognized firearms sports event, |
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7|team shooting program or competition, or living history reenactment, |
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8|provided the course or event is approved by the principal or chief |
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9|administrator of the school where the course or event is offered, |
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10|and provided the weapon is properly displayed or stored as required |
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11|by law pending participation in the course, event, program or |
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12|competition; |
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13| 3. Weapons in the possession of any peace officer or other |
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14|person authorized by law to possess a weapon in the performance of |
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15|his or her duties and responsibilities; |
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16| 4. A concealed or unconcealed weapon carried onto private |
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17|school property or in any school bus or vehicle used by any private |
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18|school for transportation of students or teachers by a person who is |
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19|licensed pursuant to the Oklahoma Self-Defense Act, provided a |
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20|policy has been adopted by the governing entity of the private |
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21|school that authorizes the possession of a weapon on private school |
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22|property or in any school bus or vehicle used by a private school. |
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23|Except for acts of gross negligence or willful or wanton misconduct, |
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24|a governing entity of a private school that adopts a policy which |
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1|authorizes the possession of a weapon on private school property, a |
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2|school bus or vehicle used by the private school shall be immune |
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3|from liability for any injuries arising from the adoption of the |
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4|policy. The provisions of this paragraph shall not apply to claims |
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5|pursuant to the Workers' Compensation Code; |
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6| 5. A gun, knife, bayonet or other weapon in the possession of a |
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7|member of a veterans group, the national guard, active military, the |
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8|Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to |
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9|participate in a ceremony, assembly or educational program approved |
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10|by the principal or chief administrator of a school or school |
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11|district where the ceremony, assembly or educational program is |
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12|being held; provided, however, the gun or other weapon that uses |
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13|projectiles is not loaded and is inoperable at all times while on |
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14|school property; |
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15| 6. A handgun carried in a motor vehicle pursuant to a valid |
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16|handgun license authorized by the Oklahoma Self-Defense Act onto |
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17|property set aside by a public or private elementary or secondary |
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18|school for the use or parking of any vehicle; provided, however, |
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19|said the handgun shall be stored and hidden from view in a locked |
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20|motor vehicle when the motor vehicle is left unattended on school |
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21|property; and |
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22| 7. A handgun carried onto public school property by school |
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23|personnel who have been designated by the board of education, |
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24|provided such personnel either: |
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1| a. possess a valid armed security guard license as |
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2| provided for in Section 1750.1 et seq. of Title 59 of |
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3| the Oklahoma Statutes the Oklahoma Security Guard and |
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4| Private Investigator Act, or |
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5| b. hold a valid reserve peace officer certification as |
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6| provided for in Section 3311 of Title 70 of the |
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7| Oklahoma Statutes, or |
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8| c. (1) possesses a valid handgun license issued |
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9| pursuant to the provisions of the Oklahoma |
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10| Self-Defense Act, |
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11| (2) has successfully completed twenty-four (24) |
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12| hours of training, including a minimum of four |
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13| (4) hours of weapon retention training certified |
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14| by the Council on Law Enforcement Education and |
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15| Training (CLEET), and |
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16| (3) has demonstrated proficiency in handgun training |
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17| and campus-specific active shooter training as |
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18| determined by the law enforcement agency having |
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19| jurisdiction in that public school district, |
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20|if a policy has been adopted by the board of education of the public |
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21|school district that authorizes the carrying of a concealed handgun |
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22|onto public school property by such personnel. Ongoing continuing |
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23|education and training shall be required of any person authorized by |
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24|the board of education to carry a handgun pursuant to the provisions |
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1|and requirements provided in subsection D of Section 1277 of this |
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2|title. Nothing in this subsection shall be construed to restrict |
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3|authority granted elsewhere in law to carry firearms. |
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4| D. Any person violating the provisions of this section shall, |
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5|upon conviction, be guilty of a misdemeanor punishable by a fine of |
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6|not to exceed Two Hundred Fifty Dollars ($250.00). |
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7| SECTION 3. AMENDATORY 70 O.S. 2021, Section 5-149.2, is |
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8|amended to read as follows: |
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9| Section 5-149.2. A. The board of education of a public school |
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10|district may, through a majority vote of the board, designate adopt |
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11|a policy to authorize the carrying of a concealed handgun onto |
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12|school property by school personnel who have been issued a handgun |
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13|license pursuant to the Oklahoma Self-Defense Act to attend an |
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14|specifically designated by the public school board of education, |
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15|provided such personnel either: |
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16| 1. Possess a valid armed security guard license as provided for |
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17|in the Oklahoma Security Guard and Private Investigator Act; |
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18| 2. Hold a valid reserve peace officer certification as provided |
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19|for in Section 3311 of this title; or |
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20| 3. a. Possess a valid handgun license issued pursuant to |
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21| the provisions of the Oklahoma Self-Defense Act, |
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22| b. Has successfully completed twenty-four (24) hours of |
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23| training, including a minimum of four (4) hours of |
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24| |
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1| weapon retention training certified by the Council on |
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2| Law Enforcement Education and Training (CLEET), and |
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3| c. Has demonstrated proficiency in handgun training and |
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4| campus-specific active shooter training as determined |
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5| by the appropriate law enforcement agency having |
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6| jurisdiction in that public school district. |
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7| Ongoing continuing education and training shall be required of |
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8|any person authorized by the board of education to carry a concealed |
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9|handgun pursuant to the provisions and requirements provided in |
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10|subsection D of Section 1277 of Title 21 of the Oklahoma Statutes. |
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11| B. The board of education of a public school may designate |
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12|school personnel to attend an armed security guard training program, |
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13|as provided for in Section 1750.5 of Title 59 of the Oklahoma |
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14|Statutes, or a reserve peace officer certification program, as |
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15|provided for in Section 3311 of Title 70 of the Oklahoma Statutes |
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16|this title, provided and developed by the Council on Law Enforcement |
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17|Education and Training (CLEET). Nothing in this section shall be |
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18|construed to prohibit or limit the board of education of a school |
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19|district from requiring ongoing education and training. |
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20| B. C. Participation in either the armed security guard training |
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21|program or, the reserve peace officer certification program or |
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22|training to carry a handgun as provided in paragraph 3 of subsection |
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23|A of this section, shall be voluntary and shall not in any way be |
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24|considered a requirement for continued employment with the public |
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1|school district. The board of education of a public school district |
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2|shall have the final authority to determine and designate the school |
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3|personnel who will be authorized to obtain and use an armed security |
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4|guard license or, reserve peace officer certification or participate |
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5|with a handgun license and required training components in |
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6|conjunction with their his or her employment as school personnel. |
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7| C. D. The board of education of a public school district that |
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8|authorizes school personnel to participate in either the armed |
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9|security guard program or the reserve peace officer program may pay |
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10|all necessary training, meal and lodging expenses associated with |
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11|the training. |
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12| D. E. When carrying a firearm pursuant to the provisions of |
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13|this act section, the person shall at all times carry the firearm on |
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14|his or her person or the firearm shall be stored in a locked and |
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15|secure location. |
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16| E. F. Any public school personnel who have successfully |
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17|completed either armed security guard training, reserve peace |
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18|officer certification training or handgun license training as |
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19|provided in paragraph 3 of subsection A of this section and while |
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20|acting in good faith a reasonable and prudent manner shall not be |
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21|immune from subject to civil and criminal liability for any injury |
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22|resulting from the carrying of a handgun onto public school property |
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23|as provided for in this act section. Any board of education of a |
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24|public school district or participating local law enforcement agency |
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1|shall not be immune from subject to civil and criminal liability for |
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2|any injury resulting from any act committed by school personnel who |
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3|are designated to carry a concealed handgun on public school |
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4|property pursuant to the provisions of this act section. |
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5| F. G. In order to carry out the provisions of this section, the |
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6|board of education of a public school district is authorized to |
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7|enter into a memorandum of understanding with local law enforcement |
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8|entities. |
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9| SECTION 4. This act shall become effective July 1, 2023. |
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10| SECTION 5. It being immediately necessary for the preservation |
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11|of the public peace, health or safety, an emergency is hereby |
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12|declared to exist, by reason whereof this act shall take effect and |
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13|be in full force from and after its passage and approval. |
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14|COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY |
|March 2, 2023 - DO PASS AS AMENDED |
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