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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 1101 By: Olsen
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38	38	AS INTRODUCED
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40	40	An Act relating to firearms; amending 21 O.S. 2011,
41	41	Section 1283, as last amended by Section 3, Chapter
42	42	1, O.S.L. 2019 (21 O.S. Supp. 2020 , Section 1283),
43	43	which relates to possession of firearms by felons and
44	44	delinquents; removing certain firearms restriction;
45	45	modifying list of prohibited weapons; modifying
46	46	certain defined term; updating format; and providing
47	47	an effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 21 O.S. 2011, Section 1283, as
56	56	last amended by Section 3, Chapter 1, O.S.L. 2019 (21 O.S. Supp.
57	57	2020, Section 1283), is amended to read as follows:
58	58	Section 1283.
59	59	CONVICTED FELONS AND DELINQUENTS
60	60	A. Except as provided in subsection B of this section, it shall
61	61	be unlawful for any person convicted of any felony in any court of
62	62	this state or of another state or of the United States to have in
63	63	his or her possession or under his or her immediate control, or in
64	64	any vehicle which the person is operating, or in which the person is
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91	91	riding as a passenger, or at the residence where the convicted
92	92	person resides, any pistol, imitation or homemade pistol, altered
93	93	air or toy pistol, machine gun, sawed-off shotgun or sawed-off
94	94	rifle, or any other dangerous or deadly firearm .
95	95	B. Any person who has previously been convicted of a nonviolent
96	96	felony in any court of this state or of another state or of the
97	97	United States, and who has received a full and complete pardon from
98	98	the proper authority and has not been convicted of any other felony
99	99	offense which has not been pardoned, shall have restored the right
100	100	to possess any firearm or other weapon prohibited by subsection A of
101	101	this section, the right to apply for and carry a handgun, concealed
102	102	or unconcealed, pursuant to the Oklahoma Self -Defense Act or as
103	103	otherwise permitted by law, and the right to perform the duties of a
104	104	peace officer, gunsmith, and for firearms repair.
105	105	C. It shall be unlawful for any person serving a term of
106	106	probation for any felony in any court of this state or of another
107	107	state or of the United States or under the jurisdiction of any
108	108	alternative court program to have in his or her possession or under
109	109	his or her immediate control, or at his or her residence, or in any
110	110	passenger vehicle which the person is operating or is riding as a
111	111	passenger, any pistol, shotgun or rifle, including any imitation or
112	112	homemade pistol, altered air or toy pistol, shotgun or rifle, while
113	113	such person is subject to supervision, probation, parole or inmate
114	114	status.
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141	141	D. It shall be unlawful for any person previously adjudicated
142	142	as a delinquent child or a youthful offender for the commission of
143	143	an offense, which would have constituted a felony offense if
144	144	committed by an adult , to have in the possession of the person or
145	145	under the immediate control of the person, or have in any vehicle
146	146	which he or she is driving or in which the person is riding as a
147	147	passenger, or at the residence of the person, an y pistol, imitation
148	148	or homemade pistol, altered air or toy pistol, machine gun, sawed-
149	149	off shotgun or sawed-off rifle, or any other dangerous or deadly
150	150	firearm within ten (10) years after such adjudication; provided,
151	151	that nothing in this subsection shall be construed to prohibit the
152	152	placement of the person in a home with a full -time duly appointed
153	153	peace officer who is certified by the Council on Law Enforcement
154	154	Education and Training (CLEET) pursuant to the provisions of Section
155	155	3311 of Title 70 of the Oklah oma Statutes.
156	156	E. It shall be unlawful for any person who is an alien
157	157	illegally or unlawfully in the United States to have in the
158	158	possession of the person or under the immediate control of the
159	159	person, or in any vehicle the person is operating, or at the
160	160	residence where the person resides, any pistol, imitation or
161	161	homemade pistol, altered air or toy pistol, shotgun, rifle or any
162	162	other dangerous or deadly firearm; provided, that nothing in this
163	163	subsection applies to prohibit the transport or detention of the
164	164	person by law enforcement officers or federal immigration
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191	191	authorities. Any person who violates the provisions of this
192	192	subsection shall, upon conviction, be guilty of a misdemeanor
193	193	punishable by a fine of Two Hundred Fifty Dollars ($250.00).
194	194	F. Any person having been issued a handgun license pursuant to
195	195	the provisions of the Oklahoma Self -Defense Act and who thereafter
196	196	knowingly or intentionally allows a convicted felon or adjudicated
197	197	delinquent or a youthful offender as prohibited by the provisions of
198	198	subsection A, C, or D of this section to possess or have control of
199	199	any pistol authorized by the Oklahoma Self -Defense Act shall, upon
200	200	conviction, be guilty of a felony punishable by a fine not to exceed
201	201	Five Thousand Dollars ($5,000.00). In addition, the pe rson shall
202	202	have the handgun license revoked by the Oklahoma State Bureau of
203	203	Investigation after a hearing and determination that the person has
204	204	violated the provisions of this section.
205	205	G. Any convicted or adjudicated person violating the provisions
206	206	of this section shall, upon conviction, be guilty of a felony
207	207	punishable as provided in Section 1284 of this title.
208	208	H. For purposes of this section, "sawed-off shotgun or rifle"
209	209	shall mean any shotgun or rifle which has been shortened to any
210	210	length.
211	211	I. For purposes of this section , "altered:
212	212	1. "Altered toy pistol" shall mean any toy weapon which has
213	213	been altered from its original manufactured state to resemble a real
214	214	weapon.
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241	241	1-3,J. For purposes of this section, "altered;
242	242	2. "Altered air pistol" shall mean any air pistol manufactured
243	243	to propel projectiles by air pressure which has been altered from
244	244	its original manufactured state .
245	245	K. For purposes of this section, "alternative;
246	246	3. "Alternative court program" shall mean any drug court, Anna
247	247	McBride or mental health court, DUI court or veterans court ; and
248	248	4. "Sawed-off shotgun" or "sawed -off rifle" shall mean any
249	249	shotgun or rifle which has been unlawfully shortened to any length .
250	250	SECTION 2. This act shall become effective November 1, 2021.
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252	252	58-1-6012 GRS 12/23/20

Oklahoma 2022 Regular Session

Oklahoma House Bill HB1101 Compare Versions