OK
Oklahoma House Bill HB3158

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3158 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (2022)
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3232 HOUSE BILL 3158 By: West (Kevin)
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3838 AS INTRODUCED
3939
4040 An Act relating to firearms; amending 21 O.S. 2021,
4141 Section 1277, which relates to the unlawful carry of
4242 firearms in certain places ; modifying scope of
4343 certain prohibited act; providing an exception;
4444 prohibiting the carry of firearms into certain
4545 places; deleting construing p rovisions; authorizing
4646 the concealed carry of hand guns into buildings and on
4747 the fairgrounds during the Okla homa State Fair and
4848 Tulsa State Fair; authorizing event holder s to allow
4949 for the open carry of lawful firearms du ring Oklahoma
5050 State Fair and Tulsa State Fair; authorizing public
5151 trusts and nonprofit entities to allow for the open
5252 carry of lawful firearms o n public trust property;
5353 amending 21 O.S. 2021, Section 1290.22, which relates
5454 to the Oklahoma Self-Defense Act; prohibiting the
5555 carry of concealed or unconcealed firearms at certain
5656 events; deleting certain prohibition; and providi ng
5757 an effective date.
5858
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6262 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6363 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
6464 amended to read as follows:
6565 Section 1277.
6666 UNLAWFUL CARRY IN CERTAIN PLACES
6767 A. It shall be unlawful for any person, including a person in
6868 possession of a valid handgun license issued pursuan t to the
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9595 provisions of the Oklahoma Self-Defense Act, to carry any concealed
9696 or unconcealed firearm into any of the follo wing places:
9797 1. Any structure, building, or office space which is owned or
9898 leased by a city, town, county, the state or federal governmental
9999 authority for the purpose of conducting business with the p ublic;
100100 2. Any courthouse, courtroom, prison, jail, deten tion facility
101101 or any facility used to process, hold or hous e arrested persons,
102102 prisoners or persons alleged delinquent or adjudicated delinquent,
103103 except as provided in S ection 21 of Title 57 of the O klahoma
104104 Statutes;
105105 3. Any public or private elementary o r public or private
106106 secondary school, except as provided in subsections C and D of this
107107 section;
108108 4. Any publicly owned or operated sp orts arena or venue during
109109 a professional sporting event, unless a llowed by the event holder;
110110 5. Any place where gambli ng is authorized by law, unless
111111 allowed by the property owner;
112112 6. Any other place specifically prohibited by law ; and
113113 7. Any public property set aside by a county, city, town,
114114 public trust with a county, ci ty or town as a beneficiary, or state
115115 governmental authority for an event that is s ecured with minimum-
116116 security provisions; provided, however, the provisions of thi s
117117 paragraph shall not apply to and specifically exclude s events held
118118 on the fairgrounds and in buildings of the fairgrounds that are open
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145145 to the general public during the Oklahoma State Fair or the Tulsa
146146 State Fair. For purposes of this paragraph, a minimum -security
147147 provision consists of a location that is secure d utilizing the
148148 following:
149149 a. a metallic-style security fence that is at least eight
150150 (8) feet in height that encompa sses the property and
151151 is secured in such a way as to deter unauthorized
152152 entry,
153153 b. controlled access points staffed by a uniformed,
154154 commissioned peace officer, and
155155 c. a metal detector whereby persons walk or ot herwise
156156 travel with their property through or b y the metal
157157 detector;
158158 8. Any public building used for a public meeting conducted
159159 under the Oklahoma Open Meeting Act, unless otherwise authorized by
160160 law;
161161 9. Any public facility providing substance abuse or m ental
162162 health services or any facilities providing substance abuse programs
163163 to persons who are under the direct supervisi on of the state, a
164164 county or municipality, unless otherwise authorized by law; and
165165 10. The State Capitol Building, unless otherwise authorized by
166166 law.
167167 B. It shall be lawful for a pe rson to carry a concealed o r
168168 unconcealed firearm on the following properties:
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195195 1. Any property set aside for the use or parking of any
196196 vehicle, whether attended or unattended, by a city, town, county,
197197 state or federal governmental aut hority;
198198 2. Any property set aside for the use or parking of any
199199 vehicle, whether attended or unattended, which is open to the
200200 public, or by any entity engaged in gambling authorized by law;
201201 3. Any property adjacent to a structure , building or office
202202 space in which concealed o r unconcealed weapons are p rohibited by
203203 the provisions of this section;
204204 4. Any property designated by a city, town, cou nty or state
205205 governmental authority as a pa rk, recreational area, wildlife
206206 refuge, wildlife management area or state or county fairgrounds;
207207 provided, nothing in th is paragraph shall be construed to authorize
208208 any entry by a person in possession of a concealed or unconceale d
209209 firearm into any structur e, building, office space or event which is
210210 specifically prohibited by the provisions of subs ection A of this
211211 section;
212212 5. Any property set aside by a public or private elementary or
213213 secondary school for the use or parking of an y vehicle, whether
214214 attended or unattended; provided, however, the firearm shall be
215215 stored and hidden from view in a locke d motor vehicle when the mo tor
216216 vehicle is left unattended on school property ; and
217217 6. Any public property set aside temporarily by a co unty, city,
218218 town, public trust with a county, city or town as a beneficiar y, or
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245245 state governmental authority for the hold er of an event permit that
246246 is without minimum-security provisions, as such term is defined in
247247 paragraph 7 of subsection A of this secti on; provided, the carry of
248248 firearms within said permitted event area shall be limited to
249249 concealed carry of a handgun unl ess otherwise authorized by the
250250 holder of the event permit ; and
251251 7. On the fairgrounds and in buildings of the fairgrounds that
252252 are open to the general public during the Oklahoma State Fair or the
253253 Tulsa State Fair; provided, the handgun is carried in a concealed
254254 manner. The event holder shall be authorized to allow for the open
255255 carry of all lawful firearms during the Oklaho ma State Fair or the
256256 Tulsa State Fair.
257257 Nothing contained in any provision of this s ubsection or
258258 subsection C of this section shall be c onstrued to authoriz e or
259259 allow any person in control of any place described in subsection A
260260 of this section to establish any policy or rule that has the effect
261261 of prohibiting any pe rson in lawful possessi on of a handgun license
262262 or otherwise in lawful posse ssion of a firearm f rom carrying or
263263 possessing the firearm on the property described in this subsection.
264264 C. A concealed or unconcealed weapon may be carried onto
265265 private school property or in any school bus or vehicle used by any
266266 private school for transp ortation of students or teachers by a
267267 person who is licensed pursuant to the Oklahoma Self -Defense Act,
268268 provided a policy has been adopted by the governing entity of the
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295295 private school that authorizes the carrying and possession of a
296296 weapon on private scho ol property or in any school bus or vehicle
297297 used by a private school . Except for acts of gross negligence or
298298 willful or wanton misconduct, a governing entity of a private school
299299 that adopts a policy whic h authorizes the possession of a weapon on
300300 private school property, a school bus or vehicle used by the private
301301 school shall not be subject to liability for any injuries arising
302302 from the adoption of the policy . The provisions of thi s subsection
303303 shall not apply to claims pursuant to the Administrative Worke rs'
304304 Compensation Act.
305305 D. Notwithstanding paragraph 3 of subsection A of this section,
306306 a board of education of a school district may adopt a policy
307307 pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to
308308 authorize the carrying of a handgun onto school property by school
309309 personnel specifically designated by the board of education,
310310 provided such personnel either:
311311 1. Possess a valid armed security guard license as provided for
312312 in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
313313 2. Hold a valid reserve peace officer certification as provided
314314 for in Section 3311 of Title 70 of the Oklahoma Statutes.
315315 Nothing in this subsection shall be construed to restrict auth ority
316316 granted elsewhere in law to carry firearms.
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343343 E. Notwithstanding the p rovisions of subsection A of this
344344 section, on any property designated as a municipal zoo or park of
345345 any size that is owned, leased , operated or managed by:
346346 1. A public trust create d pursuant to the provi sions of Section
347347 176 of Title 60 of the Oklahoma Sta tutes; or
348348 2. A nonprofit entity,
349349 an individual shall be allowed to carry a concealed handgun but not
350350 openly carry a handgun on th e property. The public trust or
351351 nonprofit entity shall be authorized to allow for the open carry of
352352 all lawful firearms on the propert y of the public trust or nonprofit
353353 entity.
354354 F. Any person violating the provisions of paragraph 2 or 3 of
355355 subsection A of this section shall, upon conviction , be guilty of a
356356 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
357357 Dollars ($250.00). A person violating any other provision of
358358 subsection A of this section may be d enied entrance onto the
359359 property or removed from the property. If the person refuses to
360360 leave the property and a peace officer is summoned, th e person may
361361 be issued a citation for an amount n ot to exceed Two Hundred Fifty
362362 Dollars ($250.00).
363363 G. No person in possession of a vali d handgun license issued
364364 pursuant to the provisions of the Oklahoma Self-Defense Act or who
365365 is carrying or in possession of a firearm as otherwise permitted by
366366 law or who is carrying or in possession of a machete, blackjack,
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393393 loaded cane, hand chain or meta l knuckles shall be authorized to
394394 carry the firearm, machete, blackjack, loaded cane, hand chain or
395395 metal knuckles into or upon any college, university or technology
396396 center school property, except as provided in this subsection . For
397397 purposes of this subse ction, the following property shall not be
398398 construed to be college, university or technology center school
399399 property:
400400 1. Any property set aside for the use or parking of any motor
401401 vehicle, whether attended or unattended, provided the firearm,
402402 machete, blackjack, loaded cane, hand chain or metal knuckles are
403403 carried or stored as required by law and the firearm, machete,
404404 blackjack, loaded cane, hand chain or metal knuckles are not removed
405405 from the motor vehicle without the prior consent of the college or
406406 university president or technology center school adminis trator while
407407 the vehicle is on any college, university or technology center
408408 school property;
409409 2. Any property authori zed for possession or use of firearms,
410410 machetes, blackjacks, loa ded canes, hand chains or metal knuckles by
411411 college, university or technolo gy center school policy; and
412412 3. Any property authorized by the writ ten consent of the
413413 college or university presiden t or technology center school
414414 administrator, provided the writte n consent is carried wi th the
415415 firearm, machete, blackjack, loaded cane, han d chain or metal
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442442 knuckles and the valid handgun license while on col lege, university
443443 or technology center school prop erty.
444444 The college, university or technology center school may no tify
445445 the Oklahoma State Bureau of Investigation within ten (10) days of a
446446 violation of any provision of this subsection by a licensee . Upon
447447 receipt of a written n otification of violation, the Bureau shall
448448 give a reasonable notice to the licensee and hold a hearing. At the
449449 hearing, upon a determination that the licensee has viol ated any
450450 provision of this subsection, the licensee may be subject t o an
451451 administrative fine of Two Hundred Fifty Dol lars ($250.00) and may
452452 have the handgun license suspended for th ree (3) months.
453453 Nothing contained in any provision of this subsection shall be
454454 construed to authorize or allow any college, university or
455455 technology center school to establish any policy or ru le that has
456456 the effect of prohibiting any person in lawful posse ssion of a
457457 handgun license or any person in lawful possession of a firearm,
458458 machete, blackjack, loaded cane, hand chain or metal knuckles from
459459 possession of a fire arm, machete, blackjack, load ed cane, hand chain
460460 or metal knuckles in places described in par agraphs 1, 2 and 3 of
461461 this subsection. Nothing contained in any provision of this
462462 subsection shall be construed to limit the authority of any college,
463463 university or technology center school i n this state from taking
464464 administrative action against any stude nt for any violation of any
465465 provision of this subsection.
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492492 H. The provisions of this section shall not apply to the
493493 following:
494494 1. Any peace officer or any person authorized by law to carry a
495495 firearm in the course of employment;
496496 2. District judges, associ ate district judges and special
497497 district judges, who are in possession of a valid handgun license
498498 issued pursuant to the provisions of the Okla homa Self-Defense Act
499499 and whose names appear on a list maintained by the Administrative
500500 Director of the Courts, w hen acting in the cours e and scope of
501501 employment within the courthouses of this state;
502502 3. Private investigators with a firearms authorization when
503503 acting in the course and scope of employment ;
504504 4. Elected officials of a county, who are in possession of a
505505 valid handgun license i ssued pursuant to the provisions of the
506506 Oklahoma Self-Defense Act, may carry a concealed handgun when acting
507507 in the performance of his or her duties within the courthous es of
508508 the county in which he or she was elected . The provisions of this
509509 paragraph shall not allow the elected county official to carry th e
510510 handgun into a courtroom;
511511 5. The sheriff of any county may authori ze certain employees of
512512 the county, who possess a valid handgun license issued pursuant to
513513 the provisions of the Oklahoma Self-Defense Act, to carry a
514514 concealed handgun when acting in the course and scope of employment
515515 within the courthouse in the county in which the person i s employed.
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542542 Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
543543 from requiring additional instructi on or training before granting
544544 authorization to carry a concealed handgun within the courthouse .
545545 The provisions of this paragraph and of paragraph 6 of this
546546 subsection shall not allow the county employee to carry the handgun
547547 into a courtroom, sheriff's office, adult or juvenile jail or any
548548 other prisoner detention area; and
549549 6. The board of county commissioners of any coun ty may
550550 authorize certain employees of the county, who possess a valid
551551 handgun license issued pursuant to the prov isions of the Oklahoma
552552 Self-Defense Act, to carry a concealed handgun when acting in the
553553 course and scope of employment on county annex facilit ies or grounds
554554 surrounding the county courthouse.
555555 I. For the purposes of this section, "motor vehicle" means any
556556 automobile, truck, min ivan, sports utility vehicle, or motorcycle,
557557 as defined in Section 1-135 of Title 47 of the Oklahoma Statutes,
558558 equipped with a locked access ory container within or affix ed to the
559559 motorcycle.
560560 SECTION 2. AMENDATORY 21 O.S. 2021, Sec tion 1290.22, is
561561 amended to read as follows:
562562 Section 1290.22
563563 BUSINESS OWNER'S RIGHTS
564564 A. Except as provided in subsectio ns B, C and D of this
565565 section, nothing contained in any provision of the Oklahoma Self -
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592592 Defense Act shall be const rued to limit, restrict or prohibit in any
593593 manner the existing rights of any pe rson, property owner, tenant,
594594 employer, liquor store, place of w orship or business entity to
595595 control the possessi on of weapons on any property owned or
596596 controlled by the person or business entity.
597597 B. No person, property owner, tenant, employer, liquor sto re,
598598 holder of an event permit, place of worship or business enti ty shall
599599 be permitted to establish any policy or rule that has the effect of
600600 prohibiting any person, except a con victed felon, from tran sporting
601601 and storing firearms in a locked vehicle on any property set aside
602602 for any vehicle.
603603 C. A property owner, tenan t, employer, liquor store, place of
604604 worship or business entity may prohibit any person from carrying a
605605 concealed or unconcealed firearm on the property. If the building
606606 or property is open to the public, the property owner, tenant,
607607 employer, liquor store, place of worship or business entity shall
608608 post signs on or about the property stating such prohibition.
609609 D. No person, property owner, tenant, employer, liquor store,
610610 holder of an event permi t, place of worship or business entity shall
611611 be permitted to establish any policy or rule that has the effect of
612612 prohibiting any person from carrying a concealed or unconcealed
613613 firearm on property wit hin the specific exclusion provided for in
614614 paragraph 4 of subsection B of Section 1277 of this title; provided
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641641 that carrying a concealed or unconcealed firearm may be pr ohibited
642642 in the following places:
643643 1. The portion of a public pr operty structure or building
644644 during an event authorized by the city, town, coun ty, or state or
645645 federal governmental authority owning or control ling such building
646646 or structure;
647647 2. Any public property sports field including any adjacent
648648 seating or adjacent area set aside for view ing a sporting event,
649649 where an elementary or secondary s chool, collegiate, or professional
650650 sporting event or, an International Olympic Committee or
651651 organization or any c ommittee subordinate to the International
652652 Olympic Committee event, a national softball tournament event at the
653653 Oklahoma Softball Hall of Fame Complex, or a national or
654654 international Quarter Horse event is being held;
655655 3. The fairgrounds during the Oklahoma State Fair or the Tulsa
656656 State Fair; and
657657 4. 3. The portion of a public property structure or building
658658 that is leased or under contract to a bu siness or not-for-profit
659659 entity or group for offices.
660660 E. The otherwise lawful carry ing of a concealed or unconcealed
661661 firearm by a person on property that has signs prohibiting the
662662 carrying of firearms shall subject the person to b eing denied
663663 entrance onto the property or removed from t he property. If the
664664 person:
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691691 1. Has been informed by the property owner, business entity or
692692 manager of the business that the person is in violati on of a policy
693693 that prohibits firearms on the property ; and
694694 2. Refuses to leave the property and a peace offi cer is
695695 summoned, the person shall , upon conviction, b e guilty of a
696696 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
697697 Dollars ($250.00).
698698 F. A person, property owner, tenant, employer, l iquor store,
699699 holder of an event permit, place of worship or business entity that
700700 does or does not prohibit an y individual, except a convicted felon,
701701 from carrying a loaded or unloaded, concealed or unco ncealed weapon
702702 on property that the person, property o wner, tenant, employer,
703703 liquor store, holder of an event permit, place of worship or
704704 business entity owns, or has legal control of, is immune from any
705705 liability arising from that decision. Except for a cts of gross
706706 negligence or willful or wanton misconduc t, an employer who does o r
707707 does not prohibit his or her employees from carrying a conceal ed or
708708 unconcealed weapon is immune from any liability arising from that
709709 decision. A person, property owner, tena nt, employer, liquor st ore,
710710 holder of an event permit, place of worship or busi ness entity that
711711 does not prohibit persons from carrying a conce aled or unconcealed
712712 weapon pursuant to subsection D of this section shall be immune from
713713 any liability arising fr om the carrying of a co ncealed or
714714 unconcealed weapon, while in the scope of emp loyment, on the
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741741 property or in or about a business entity vehicl e. The provisions
742742 of this subsection shall not apply to claims pursuant to the
743743 Administrative Workers ' Compensation Act.
744744 G. It shall not be considered part of an emp loyee's job
745745 description or within the employee 's scope of employment if an
746746 employee is allowed to carry or di scharge a weapon pursuant to this
747747 section.
748748 H. Nothing in subsections F and G of this section shall prevent
749749 an employer, employee or person who has suffered loss resulting from
750750 the discharge of a weapon to seek redress or damages of the person
751751 who discharged the weapon or used the weapon outside the provisions
752752 of the Oklahoma Self -Defense Act.
753753 SECTION 3. This act shall become ef fective November 1, 2022.
754754
755755 58-2-8457 GRS 12/02/21