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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3158 By: West (Kevin)
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1277, which relates to the unlawful carry of
firearms in certain places ; modifying scope of
certain prohibited act; providing an exception;
prohibiting the carry of firearms into certain
places; deleting construing p rovisions; authorizing
the concealed carry of hand guns into buildings and on
the fairgrounds during the Okla homa State Fair and
Tulsa State Fair; authorizing event holder s to allow
for the open carry of lawful firearms du ring Oklahoma
State Fair and Tulsa State Fair; authorizing public
trusts and nonprofit entities to allow for the open
carry of lawful firearms o n public trust property;
amending 21 O.S. 2021, Section 1290.22, which relates
to the Oklahoma Self-Defense Act; prohibiting the
carry of concealed or unconcealed firearms at certain
events; deleting certain prohibition; and providi ng
an effective date.
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 issued pursuan t to the
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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, the state or federal governmental
authority for the purpose of conducting business with the p ublic;
2. Any courthouse, courtroom, prison, jail, deten tion facility
or any facility used to process, hold or hous e arrested persons,
prisoners or persons alleged delinquent or adjudicated delinquent,
except as provided in S ection 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 sp orts arena 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 public property set aside by a county, city, town,
public trust with a county, ci ty or town as a beneficiary, or state
governmental authority for an event that is s ecured with minimum-
security provisions; provided, however, the provisions of thi s
paragraph shall not apply to and specifically exclude s events held
on the fairgrounds and in buildings of the fairgrounds that are open
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to the general public during the Oklahoma State Fair or the Tulsa
State Fair. For purposes of this paragraph, a minimum -security
provision consists of a location that is secure d utilizing the
following:
a. a metallic-style security fence that is at least eight
(8) feet in height that encompa sses the property and
is secured in such a way as to deter unauthorized
entry,
b. controlled access points staffed by a uniformed,
commissioned peace officer, and
c. a metal detector whereby persons walk or ot herwise
travel with their property through or b y the metal
detector;
8. Any public building used for a public meeting conducted
under the Oklahoma Open Meeting Act, unless otherwise authorized by
law;
9. Any public facility providing substance abuse or m ental
health services or any facilities providing substance abuse programs
to persons who are under the direct supervisi on of the state, a
county or municipality, unless otherwise authorized by law; and
10. The State Capitol Building, unless otherwise authorized by
law.
B. It shall be lawful for a pe rson to carry a concealed o r
unconcealed firearm on the following properties:
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1. Any property set aside for the use or parking of any
vehicle, whether attended or unattended, by a city, town, county,
state or federal governmental aut hority;
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 law;
3. Any property adjacent to a structure , building or office
space in which concealed o r unconcealed weapons are p rohibited by
the provisions of this section;
4. Any property designated by a city, town, cou nty or state
governmental authority as a pa rk, recreational area, wildlife
refuge, wildlife management area or state or county fairgrounds;
provided, nothing in th is paragraph shall be construed to authorize
any entry by a person in possession of a concealed or unconceale d
firearm into any structur e, building, office space or event which is
specifically prohibited by the provisions of subs ection A of this
section;
5. Any property set aside by 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 locke d motor vehicle when the mo tor
vehicle is left unattended 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 beneficiar y, or
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state governmental authority for the hold er of an event permit that
is without minimum-security provisions, as such term 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 unl ess otherwise authorized by the
holder of the event permit ; and
7. On the fairgrounds and in buildings of the fairgrounds that
are open to the general public during the Oklahoma State Fair or the
Tulsa State Fair; provided, the handgun is carried in a concealed
manner. The event holder shall be authorized to allow for the open
carry of all lawful firearms during the Oklaho ma State Fair or the
Tulsa State Fair.
Nothing contained in any provision of this s ubsection or
subsection C of this section shall be c onstrued to authoriz e 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 effect
of prohibiting any pe rson in lawful possessi on of a handgun license
or otherwise in lawful posse ssion of a firearm f rom carrying or
possessing the firearm on the property described in this subsection.
C. A concealed or unconcealed weapon may be carried onto
private school property or in any school bus or vehicle used by any
private school for transp ortation of students or teachers by a
person who is licensed pursuant to the Oklahoma Self -Defense Act,
provided a policy has been adopted by the governing entity of the
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private school that authorizes the carrying and possession of a
weapon on private scho ol 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 school
that adopts a policy whic h 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 policy . The provisions of thi s subsection
shall not apply to claims pursuant to the Administrative Worke rs'
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 security guard license as provided for
in Section 1750.1 et seq. of Title 59 of the Oklahoma 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 shall be construed to restrict auth ority
granted elsewhere in law to carry firearms.
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E. Notwithstanding the p rovisions 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 managed by:
1. A public trust create d pursuant to the provi sions of Section
176 of Title 60 of the Oklahoma Sta tutes; or
2. A nonprofit entity,
an individual shall be allowed to carry a concealed handgun but not
openly carry a handgun on th e property. The public trust or
nonprofit entity shall be authorized to allow for the open carry of
all lawful firearms on the propert y of the public trust or nonprofit
entity.
F. Any person violating the provisions of paragraph 2 or 3 of
subsection A of this section shall, 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 d enied entrance onto the
property or removed from the property. If the person refuses to
leave the property and a peace officer is summoned, th e person may
be issued a citation for an amount n ot to exceed Two Hundred Fifty
Dollars ($250.00).
G. No person in possession of a vali d 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,
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loaded cane, hand chain or meta l 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
center school property, except as provided in this subsection . For
purposes of this subse ction, the following property shall 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 attended 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 prior consent of the college or
university president or technology center school adminis trator while
the vehicle is on any college, university or technology center
school property;
2. Any property authori zed for possession or use of firearms,
machetes, blackjacks, loa ded canes, hand chains or metal knuckles by
college, university or technolo gy center school policy; and
3. Any property authorized by the writ ten consent of the
college or university presiden t or technology center school
administrator, provided the writte n consent is carried wi th the
firearm, machete, blackjack, loaded cane, han d chain or metal
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knuckles and the valid handgun license while on col lege, university
or technology center school prop erty.
The college, university or technology center school may no tify
the Oklahoma State Bureau of Investigation within ten (10) days of a
violation of any provision of this subsection by a licensee . Upon
receipt of a written n otification of violation, the Bureau shall
give a reasonable notice to the licensee and hold a hearing. At the
hearing, upon a determination that the licensee has viol ated any
provision of this subsection, the licensee may be subject t o an
administrative fine of Two Hundred Fifty Dol lars ($250.00) and may
have the handgun license suspended for th ree (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 ru le that has
the effect of prohibiting any person in lawful posse ssion of a
handgun license or any person in lawful possession of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
possession of a fire arm, machete, blackjack, load ed cane, hand chain
or metal knuckles in places described in par agraphs 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 i n this state from taking
administrative action against any stude nt for any violation of any
provision of this subsection.
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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 employment;
2. District judges, associ ate district judges and special
district judges, who are in possession of a valid handgun license
issued pursuant to the provisions of the Okla homa Self-Defense Act
and whose names appear on a list maintained by the Administrative
Director of the Courts, w hen acting in the cours e 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 possession of a
valid handgun license i ssued pursuant to the provisions of the
Oklahoma Self-Defense Act, may carry a concealed handgun when acting
in the performance of his or her duties within the courthous es of
the county in which he or she was elected . The provisions of this
paragraph shall not allow the elected county official to carry th e
handgun into a courtroom;
5. The sheriff of any county may authori ze 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 i s employed.
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Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
from requiring additional instructi on or training before granting
authorization to carry a concealed handgun within the courthouse .
The provisions of this paragraph and of paragraph 6 of this
subsection shall not allow the county employee to carry the handgun
into a courtroom, sheriff's office, adult or juvenile jail or any
other prisoner detention area; and
6. The board of county commissioners of any coun ty may
authorize certain employees of the county, who possess a valid
handgun license issued pursuant to the prov isions of the Oklahoma
Self-Defense Act, to carry a concealed handgun when acting in the
course and scope of employment on county annex facilit ies or grounds
surrounding the county courthouse.
I. For the purposes of this section, "motor vehicle" means any
automobile, truck, min ivan, sports utility vehicle, or motorcycle,
as defined in Section 1-135 of Title 47 of the Oklahoma Statutes,
equipped with a locked access ory container within or affix ed to the
motorcycle.
SECTION 2. AMENDATORY 21 O.S. 2021, Sec tion 1290.22, is
amended to read as follows:
Section 1290.22
BUSINESS OWNER'S RIGHTS
A. Except as provided in subsectio ns B, C and D of this
section, nothing contained in any provision of the Oklahoma Self -
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Defense Act shall be const rued to limit, restrict or prohibit in any
manner the existing rights of any pe rson, property owner, tenant,
employer, liquor store, place of w orship or business entity to
control the possessi on of weapons on any property owned or
controlled by the person or business entity.
B. No person, property owner, tenant, employer, liquor sto re,
holder of an event permit, place of worship or business enti ty shall
be permitted to establish any policy or rule that has the effect of
prohibiting any person, except a con victed felon, from tran sporting
and storing firearms in a locked vehicle on any property set aside
for any vehicle.
C. A property owner, tenan t, employer, liquor store, place of
worship or business entity may prohibit any person from carrying a
concealed or unconcealed firearm on the property. If the building
or property is open to the public, the property owner, tenant,
employer, liquor store, place of worship or business entity shall
post signs on or about the property stating such prohibition.
D. No person, property owner, tenant, employer, liquor store,
holder of an event permi t, 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 property wit hin the specific exclusion provided for in
paragraph 4 of subsection B of Section 1277 of this title; provided
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that carrying a concealed or unconcealed firearm may be pr ohibited
in the following places:
1. The portion of a public pr operty structure or building
during an event authorized by the city, town, coun ty, or state or
federal governmental authority owning or control ling such building
or structure;
2. Any public property sports field including any adjacent
seating or adjacent area set aside for view ing a sporting event,
where an elementary or secondary s chool, collegiate, or professional
sporting event or, an International Olympic Committee or
organization or any c ommittee subordinate to the International
Olympic Committee event, a national softball tournament event at the
Oklahoma Softball Hall of Fame Complex, or a national or
international Quarter Horse event is being held;
3. The fairgrounds during the Oklahoma State Fair or the Tulsa
State Fair; and
4. 3. The portion of a public property structure or building
that is leased or under contract to a bu siness or not-for-profit
entity or group for offices.
E. The otherwise lawful carry ing of a concealed or unconcealed
firearm by a person on property that has signs prohibiting the
carrying of firearms shall subject the person to b eing denied
entrance onto the property or removed from t he 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 violati on of a policy
that prohibits firearms on the property ; and
2. Refuses to leave the property and a peace offi cer is
summoned, the person shall , upon conviction, b e guilty of a
misdemeanor punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00).
F. A person, property owner, tenant, employer, l iquor store,
holder of an event permit, place of worship or business entity that
does or does not prohibit an y individual, except a convicted felon,
from carrying a loaded or unloaded, concealed or unco ncealed weapon
on property that the person, property o wner, tenant, employer,
liquor store, 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 a cts of gross
negligence or willful or wanton misconduc t, an employer who does o r
does not prohibit his or her employees from carrying a conceal ed or
unconcealed weapon is immune from any liability arising from that
decision. A person, property owner, tena nt, employer, liquor st ore,
holder of an event permit, place of worship or busi ness entity that
does not prohibit persons from carrying a conce aled or unconcealed
weapon pursuant to subsection D of this section shall be immune from
any liability arising fr om the carrying of a co ncealed or
unconcealed weapon, while in the scope of emp loyment, on the
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property or in or about a business entity vehicl e. 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 emp loyee's job
description or within the employee 's scope of employment if an
employee is allowed to carry or di scharge 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 3. This act shall become ef fective November 1, 2022.
58-2-8457 GRS 12/02/21