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SENATE FLOOR VERSION
April 4, 2022
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3069 By: Manger, Gann, Stearman and
Phillips of the House
and
Stanley of the Senate
[ firearms - unlawful carry of firearms in certain
places - federally owned buildings and properties -
carry of concealed firearms by municipal officials or
employees -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
amended to read as follows:
Section 1277.
UNLAWFUL CARRY IN CERTAIN PLACES
A. It shall be unlawful for any person, including a person in
possession of a valid handgun license i ssued pursuant to the
provisions of the Oklahoma Self-Defense Act, to carry any concealed
or unconcealed firearm into any of the follo wing places:
1. Any structure, building, or office space which is owned or
leased by a city, town, county , or state or federal governmental
authority for the purpose of conducting business with the p ublic;
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2. Any courthouse, courtroom, prison, jail, deten tion facility
or any facility used to process, hold or house arrested persons,
prisoners or persons alleged delinquent or adjudicated delinqu ent,
except as provided in Section 21 of Title 57 of the O klahoma
Statutes;
3. Any public or private elementary o r public or private
secondary school, except as provided in subsections C and D of this
section;
4. Any publicly owned or operated sports are na or venue during
a professional sporting event, unless a llowed by the event holder;
5. Any place where gambli ng is authorized by law, unless
allowed by the property owner;
6. Any other place specifically prohibited by law ; and
7. Any property set asid e by a county, city, town, public trust
with a county, city or town as a beneficiary, or state governmental
authority for an event that is secured with minimum -security
provisions. For purposes of this paragraph, a minimum -security
provision consists of a location that is secured utilizing the
following:
a. a metallic-style security fence that is at least eight
(8) feet in height that encompasses the property and
is secured in such a way as to deter unauthorized
entry,
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b. controlled access points staffed b y a uniformed,
commissioned peace officer, and
c. a metal detector whereby persons walk or otherwise
travel with their property through or by the metal
detector.
B. It shall be lawful for a person to carry a concealed or
unconcealed firearm on the following properties:
1. Any property set aside for the use or parking of any
vehicle, whether attended or unattended, by a city, town, county , or
state or federal governmental authority;
2. Any property set aside for the use or parking of any
vehicle, whether attended or unattended, which is open to the
public, or by any entity engaged in gambling authorized by la w;
3. Any property adjacent to a structure, building or office
space in which concealed or unconcealed weapons are prohibited b y
the provisions of th is section;
4. Any property designated by a city, town, cou nty or state
governmental authority as a park, recreational area, wildlife
refuge, wildlife management area or fairgrounds; provided, nothing
in this paragraph shall be const rued to authorize any entry by a
person in possession of a concealed or unconceale d firearm into any
structure, building, office space or event which is specifically
prohibited by the provisions of subsection A of this section;
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5. Any property set aside b y a public or private elementary or
secondary school for the use or parking of an y vehicle, whether
attended or unattended; provided, however, the firearm shall be
stored and hidden from view in a locked motor vehicle when the motor
vehicle is left unatten ded on school property ; and
6. Any public property set aside temporarily by a co unty, city,
town, public trust with a county, city or town as a beneficiary, or
state governmental authority for the holder of an event permit that
is without minimum-security provisions, as such t erm is defined in
paragraph 7 of subsection A of this secti on; provided, the carry of
firearms within said permitted event area shall be limited to
concealed carry of a handgun unless otherwise authorized by the
holder of the event pe rmit.
Nothing contained in any provision of this subsection or
subsection C of this section shall be construed to authorize or
allow any person in control of any place described in subsection A
of this section to establish any policy or rule that has the e ffect
of prohibiting any person in lawful possession of a handgun license
or otherwise in lawful possession of a firearm from carrying or
possessing the firearm on the property described in this subsection.
C. A concealed or unconcealed weapon may be carr ied onto
private school property or in any school bus or vehicle used by any
private school for transportation of students or teachers by a
person who is licensed pursuant to the Oklahoma Self -Defense Act,;
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provided, a policy has been adopted by the govern ing entity of the
private school that authorizes the carrying and possession of a
weapon on private school property or in any school bus or vehicle
used by a private school . Except for acts of gross negligence or
willful or wanton misconduct, a governing entity of a private sc hool
that adopts a policy which authorizes the possession of a weapon on
private school property, a school bus or vehicle used by the private
school shall not be subject to liability for any injuries arising
from the adoption of the p olicy. The provisions of this subsection
shall not apply to claims pursuant to the Administrative Workers'
Compensation Act.
D. Notwithstanding paragraph 3 of subsection A of this section,
a board of education of a school district may adopt a policy
pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to
authorize the carrying of a handgun onto school property by school
personnel specifically designated by the board of education ,;
provided, such personnel either:
1. Possess a valid armed secu rity guard license as provided for
in Section 1750.1 et seq. of Title 59 of the Oklah oma Statutes; or
2. Hold a valid reserve peace officer certification as provided
for in Section 3311 of Title 70 of the Oklahoma Statutes.
Nothing in this subsection shal l be construed to rest rict authority
granted elsewhere in law to carry firearms.
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E. Notwithstanding the provisions of subsection A of this
section, on any property designated as a municipal zoo or park of
any size that is owned, leased, operated or manage d by:
1. A public trust created pursuant to the provisions of Section
176 of Title 60 of the Oklahoma Statutes; or
2. A nonprofit entity,
an individual shall be allowed to carry a concealed handgun but not
openly carry a handgun on the property.
F. Any person violating the p rovisions of paragraph 2 or 3 of
subsection A of this section s hall, upon conviction, be guilty of a
misdemeanor punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00). A person violating any other provision of
subsection A of this section may be denied entrance onto the
property or removed from the p roperty. If the person refuses to
leave the property and a peace officer is summoned, the person may
be issued a citation for an amount not to exceed Two Hundred Fifty
Dollars ($250.00).
G. No person in possession of a valid handgun license issued
pursuant to the provisions of the Oklahoma Self-Defense Act or who
is carrying or in possession of a firearm as otherwise permitted by
law or who is carrying or in possession of a machete, blackjack,
loaded cane, hand chain or metal knuckles shall be authorized to
carry the firearm, machete, blackjack, loaded cane, hand chain or
metal knuckles into or upon any college, university or technology
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center school property, except as pr ovided in this subsect ion. For
purposes of this subsection, the following property s hall not be
construed to be college, university or technology center school
property:
1. Any property set aside for the use or parking of any motor
vehicle, whether atten ded or unattended,; provided, the firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles are
carried or stored as required by law and the firearm, machete,
blackjack, loaded cane, hand chain or metal knuckles are not removed
from the motor vehicle without the pr ior consent of the college or
university president or technology center school administrator while
the vehicle is on any college, university or technology center
school property;
2. Any property authorized for possession or use of fi rearms,
machetes, blackjacks, loaded canes, hand chains or metal knuckles by
college, university or technology center school policy; and
3. Any property authorized by the written consent of the
college or university president or technology center school
administrator,; provided, the written consent is carried with the
firearm, machete, black jack, loaded cane, hand chain or metal
knuckles and the valid handgun license while on college, university
or technology center school property.
The college, university or technology center school may notify
the Oklahoma State Bureau of Investigation withi n ten (10) days of a
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violation of any provision of this subsection by a licensee . Upon
receipt of a written notification of violation, the Bureau shall
give a reasonable notice to the licen see and hold a hearing. At the
hearing, upon a determination that the licensee has violated any
provision of this subsection, the licensee may be subject to an
administrative fine of Two Hundred Fifty Dollars ($250.00) and may
have the handgun license sus pended for three (3) months.
Nothing contained in any provision of this subsection shall be
construed to authorize or allow any college, university or
technology center school to establish any policy or rule that has
the effect of prohibiting any person in lawful possession of a
handgun license or any person in lawful po ssession of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
possession of a firearm, machete, blackjack, loaded cane, hand chain
or metal knuckles in places des cribed in paragraphs 1, 2 and 3 of
this subsection. Nothing contained in any provision of this
subsection shall be construed to limit the authority of any college,
university or technology center school in this state from taking
administrative action agai nst any student for any violation of any
provision of this subsect ion.
H. The provisions of this section shall not apply to the
following:
1. Any peace officer or any person authorized by law to carry a
firearm in the course of empl oyment;
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2. District judges, associate district judges and special
district judges, who are in possession of a valid handgun license
issued pursuant to the provisions of the Oklahoma Self -Defense Act
and whose names appear on a list maintained by the Admin istrative
Director of the Courts, when acting in the course and scope of
employment within the courthouses of this state;
3. Private investigators with a firearms authorization when
acting in the course and scope of employment;
4. Elected officials of a county, who are in pos session of a
valid handgun license issued pursuant to the provisio ns of the
Oklahoma Self-Defense Act, may carry a concealed handgun when acting
in the performance o f his or her duties within the courthouses of
the county in which he or she was elected. The provisions of this
paragraph shall not allow the elected county official to carry the
handgun into a courtroom;
5. The sheriff of any county may authorize certain employees of
the county, who possess a valid handgun license issued pursuant to
the provisions of the Oklahoma Self-Defense Act, to carry a
concealed handgun when acting in the course and scope of employment
within the courthouse in the county in which the person is employed .
Nothing in the Oklahoma Self -Defense Act shall prohibit the sheriff
from requiring additional instruction or training befor e granting
authorization to carry a concealed handgun within the courthouse .
The provisions of this paragraph and of paragraph 6 of this
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subsection shall not allow the county em ployee to carry the ha ndgun
into a courtroom, sheriff's office, adult or juvenile jail o r any
other prisoner detention area; and
6. The board of county commissioners of any county may
authorize certain employees of the county, who possess a valid
handgun license issued pursuan t to the provisions of the Oklahoma
Self-Defense Act, to carry a c oncealed handgun when acting in the
course and scope of employment on county annex facilities or grounds
surrounding the county courthouse.
I. 1. Municipalities may authorize certain employees or public
officials of the municipality, municipal public tru st, or municipal
authority who possess a valid handgun license issued pursuant to the
provisions of the Oklahoma Self -Defense Act and who have
successfully completed any additional training or requirements as
established by ordinance or resolution to carry a concealed handgun
when acting in the course and scope of employment .
2. For purposes of thi s subsection, firearms ma y not be present
in a location that is a firearm-prohibited location. As used in
this paragraph, "firearm-prohibited location" shall include the
following locations:
a. any room, location, or other place on municipally
owned, leased or maintained property designated as a
firearm-prohibited location by the municipal
government, and
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b. any police department, courthouse, courtroom, prison,
jail, detention facility, or any facility used to
process, hold, or house arrested persons, prisoners ,
or persons alleged delinquent or adjudic ated
delinquent.
3. Nothing in this section shall be construed as a mechanism to
allow municipal employees to carry a firearm as a duty or function
of their employment with the municipality , municipal public trust,
or municipal authority.
J. For the purposes of this section, "motor vehicle" means any
automobile, truck, minivan, sports util ity vehicle, or motorcycle,
as defined in Section 1-135 of Title 47 of the Oklahoma Statutes,
equipped with a locked accessory container within or affixed to the
motorcycle.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 4, 2022 - DO PASS AS AMENDED