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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2333 By: Steagall
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2011,
Section 1290.22, as last amended by Section 12,
Chapter 1, O.S.L. 2019 (21 O.S. Sup p. 2020, Section
1290.22), which relates to the Oklahoma Self -Defense
Act; prohibiting business entities from establishing
certain policy or rule; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1290.22, as
last amended by Section 12, Chapter 1, O.S.L. 2019 (21 O.S. Supp.
2020, Section 1290.22), is amended to read as follows:
Section 1290.22
BUSINESS OWNER'S RIGHTS
A. Except as provided in subsections B, C and D of this
section, nothing contained in any provision of the Oklahoma Self -
Defense Act shall be construed to limit, restrict or prohibit in any
manner the existing rights of any person, property owner, tenant,
employer, place of wor ship or business entity to control the
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possession of weapons on any property owned or controlled by the
person or business entity.
B. 1. No person, property owner, tenant, employer, holder of
an event permit, place of worship or business entity shall be
permitted to establish any policy or rule that has the effect of
prohibiting any person, except a convicted felon, from transporting
and storing firearms in a locked vehicle on any property set aside
for any vehicle.
2. No person or business entity shall establish, maintain or
enforce any policy or rule that has the effect of prohibiting any
person or employee of the business entity, except a convicted felon,
from transporting, carrying or storing firearms or ammunition in a
motor vehicle personally owned, leased or rented by the person or
employee while conducting business for the business entity.
C. A property owner, tenant, employer, place of worship or
business entity may prohibit any person from carrying a concealed or
unconcealed firearm on the prope rty. If the building or property is
open to the public, the property owner, tenant, employer, place of
worship or business entity shall post signs on or about the property
stating such prohibition.
D. No person, property owner, tenant, employer, holder o f an
event permit, place of worship or business entity shall be permitted
to establish any policy or rule that has the effect of prohibiting
any person from carrying a concealed or unconcealed firearm on
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property within the specific exclusion provided for in paragraph 4
of subsection B of Section 1277 of this title; provided that
carrying a concealed or unconcealed firearm may be prohibited in the
following places:
1. The portion of a public property structure or building
during an event authorized by the city, town, county, state or
federal governmental authority owning or controlling such building
or structure;
2. Any public property sports field, including any adjacent
seating or adjacent area set aside for viewing a sporting event,
where an elementary or secondary school, collegiate, or professional
sporting event or an International Olympic Committee or organization
or any committee subordinate to the International Olympic Committee
event is being held;
3. The fairgrounds during the Oklahoma State Fai r or the Tulsa
State Fair; and
4. The portion of a public property structure or building that
is leased or under contract to a business or not -for-profit entity
or group for offices.
E. The otherwise lawful carrying of a concealed or unconcealed
firearm by a person on property that has signs prohibiting the
carrying of firearms shall subject the person to being denied
entrance onto the property or removed from the property. If the
person:
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1. Has been informed by the property owner, business entity or
manager of the business that the person is in violation of a policy
that prohibits firearms on the property; and
2. Refuses to leave the property and a peace officer is
summoned,
the person may be punished as provided in Section 1276 of this
title.
F. A person, property owner, tenant, employer, holder of an
event permit, place of worship or business entity that does or does
not prohibit any individual, except a convicted felon, from carrying
a loaded or unloaded, concealed or unconcealed weapon on property
that the person, property owner, tenant, employer, holder of an
event permit, place of worship or business entity owns, or has legal
control of, is immune from any liability arising from that decision.
Except for acts of gross negligence or willful or wan ton misconduct,
an employer who does or does not prohibit his or her employees from
carrying a concealed or unconcealed weapon is immune from any
liability arising from that decision. A person, property owner,
tenant, employer, holder of an event permit, place of worship or
business entity that does not prohibit persons from carrying a
concealed or unconcealed weapon pursuant to subsection D of this
section shall be immune from any liability arising from the carrying
of a concealed or unconcealed weapon, w hile in the scope of
employment, on the property or in or about a business entity
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vehicle. The provisions of this subsection shall not apply to
claims pursuant to the Administrative Workers ' Compensation Act.
G. It shall not be considered part of an empl oyee's job
description or within the employee 's scope of employment if an
employee is allowed to carry or discharge a weapon pursuant to this
section.
H. Nothing in subsections F and G of this section shall prevent
an employer, employee or person who has suffered loss resulting from
the discharge of a weapon to seek redress or damages of the person
who discharged the weapon or used the weapon outside the provisions
of the Oklahoma Self -Defense Act.
SECTION 2. This act shall become effectiv e November 1, 2021.
58-1-5834 GRS 12/08/20