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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1101 By: Olsen
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2011,
Section 1283, as last amended by Section 3, Chapter
1, O.S.L. 2019 (21 O.S. Supp. 2020 , Section 1283),
which relates to possession of firearms by felons and
delinquents; removing certain firearms restriction;
modifying list of prohibited weapons; modifying
certain defined term; updating format; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1283, as
last amended by Section 3, Chapter 1, O.S.L. 2019 (21 O.S. Supp.
2020, Section 1283), is amended to read as follows:
Section 1283.
CONVICTED FELONS AND DELINQUENTS
A. Except as provided in subsection B of this section, it shall
be unlawful for any person convicted of any felony in any court of
this state or of another state or of the United States to have in
his or her possession or under his or her immediate control, or in
any vehicle which the person is operating, or in which the person is
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riding as a passenger, or at the residence where the convicted
person resides, any pistol, imitation or homemade pistol, altered
air or toy pistol, machine gun, sawed-off shotgun or sawed-off
rifle, or any other dangerous or deadly firearm .
B. Any person who has previously been convicted of a nonviolent
felony in any court of this state or of another state or of the
United States, and who has received a full and complete pardon from
the proper authority and has not been convicted of any other felony
offense which has not been pardoned, shall have restored the right
to possess any firearm or other weapon prohibited by subsection A of
this section, the right to apply for and carry a handgun, concealed
or unconcealed, pursuant to the Oklahoma Self -Defense Act or as
otherwise permitted by law, and the right to perform the duties of a
peace officer, gunsmith, and for firearms repair.
C. It shall be unlawful for any person serving a term of
probation for any felony in any court of this state or of another
state or of the United States or under the jurisdiction of any
alternative court program to have in his or her possession or under
his or her immediate control, or at his or her residence, or in any
passenger vehicle which the person is operating or is riding as a
passenger, any pistol, shotgun or rifle, including any imitation or
homemade pistol, altered air or toy pistol, shotgun or rifle, while
such person is subject to supervision, probation, parole or inmate
status.
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D. It shall be unlawful for any person previously adjudicated
as a delinquent child or a youthful offender for the commission of
an offense, which would have constituted a felony offense if
committed by an adult , to have in the possession of the person or
under the immediate control of the person, or have in any vehicle
which he or she is driving or in which the person is riding as a
passenger, or at the residence of the person, an y pistol, imitation
or homemade pistol, altered air or toy pistol, machine gun, sawed-
off shotgun or sawed-off rifle, or any other dangerous or deadly
firearm within ten (10) years after such adjudication; provided,
that nothing in this subsection shall be construed to prohibit the
placement of the person in a home with a full -time duly appointed
peace officer who is certified by the Council on Law Enforcement
Education and Training (CLEET) pursuant to the provisions of Section
3311 of Title 70 of the Oklah oma Statutes.
E. It shall be unlawful for any person who is an alien
illegally or unlawfully in the United States to have in the
possession of the person or under the immediate control of the
person, or in any vehicle the person is operating, or at the
residence where the person resides, any pistol, imitation or
homemade pistol, altered air or toy pistol, shotgun, rifle or any
other dangerous or deadly firearm; provided, that nothing in this
subsection applies to prohibit the transport or detention of the
person by law enforcement officers or federal immigration
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authorities. Any person who violates the provisions of this
subsection shall, upon conviction, be guilty of a misdemeanor
punishable by a fine of Two Hundred Fifty Dollars ($250.00).
F. Any person having been issued a handgun license pursuant to
the provisions of the Oklahoma Self -Defense Act and who thereafter
knowingly or intentionally allows a convicted felon or adjudicated
delinquent or a youthful offender as prohibited by the provisions of
subsection A, C, or D of this section to possess or have control of
any pistol authorized by the Oklahoma Self -Defense Act shall, upon
conviction, be guilty of a felony punishable by a fine not to exceed
Five Thousand Dollars ($5,000.00). In addition, the pe rson shall
have the handgun license revoked by the Oklahoma State Bureau of
Investigation after a hearing and determination that the person has
violated the provisions of this section.
G. Any convicted or adjudicated person violating the provisions
of this section shall, upon conviction, be guilty of a felony
punishable as provided in Section 1284 of this title.
H. For purposes of this section, "sawed-off shotgun or rifle"
shall mean any shotgun or rifle which has been shortened to any
length.
I. For purposes of this section , "altered:
1. "Altered toy pistol" shall mean any toy weapon which has
been altered from its original manufactured state to resemble a real
weapon.
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1-3,J. For purposes of this section, "altered;
2. "Altered air pistol" shall mean any air pistol manufactured
to propel projectiles by air pressure which has been altered from
its original manufactured state .
K. For purposes of this section, "alternative;
3. "Alternative court program" shall mean any drug court, Anna
McBride or mental health court, DUI court or veterans court ; and
4. "Sawed-off shotgun" or "sawed -off rifle" shall mean any
shotgun or rifle which has been unlawfully shortened to any length .
SECTION 2. This act shall become effective November 1, 2021.
58-1-6012 GRS 12/23/20