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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3191 By: Williams
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Sections 1290.2, 1290.4, 1290.7, 1290.8, 1290.24,
1290.25 and 1290.26, which r elate to the Oklahoma
Self-Defense Act; updating and adding defin itions;
authorizing the lawful carry of firearms by certain
persons; modifying references to handguns; adding
statutory references; deleting certain eligibility
requirements; specifying types of identification
necessary for carrying firearms; clarifying liability
provisions; updating references to certain named act;
modifying components of reciprocity requirement s; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1 290.2, is
amended to read as follows:
Section 1290.2
DEFINITIONS
A. As used in the Oklahoma Self -Defense Act:
1. "Completed application " means all fields are completed, all
questions are answered and the required signatures are present on
the application for a handgun license, an d the required documents
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are attached to the application, including legible fingerprints, if
applicable;
2. "Concealed handgun firearm" means a loaded or unloaded
pistol or handgun firearm not openly visible to the ordinary
observation of a reasonable person;
3. "Unconcealed handgun firearm" or "open carry" means a loaded
or unloaded pistol or handgun firearm that is not held in the hand,
but rather is carried upon the person in a holster where the firearm
is visible, or carri ed upon the person using a scabbard , or sling or
case designed for carrying firearms in a general vertical position
where the barrel of the firearm is safely pointed in a ge neral up or
down direction. The provisi ons of this paragraph shall not apply
while lawfully at a gun range, while lawfully hunting, or during an
act of self-defense; and
4. "Pistol" or "handgun" shall have the same definition as
provided in the Oklahoma Firearms Act of 1971, defined in Section
1289.3 of this title ;
5. "Rifle" shall have the same definition as provided in
Section 1289.4 of this title; and
6. "Shotgun" shall have the same definition as provided in
Section 1289.5 of this title .
B. The definition of pistol or handgun for purposes of the
Oklahoma Self-Defense Act shall no t apply to imitation pistols,
flare guns, underwater fishing guns or blank pistols.
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C. Pistols, handguns, rifles, shotguns, and all other lawful
firearms mentioned in the Oklahoma Self-Defense Act may collectively
be referred to as "firearms".
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.4, is
amended to read as follows:
Section 1290.4
UNLAWFUL AUTHORIZED CARRY OF FIREARMS
As Except as provided by Section 1272 of this title, it is
unlawful shall be lawful for any person a citizen or lawful
permanent resident, who can lawfully purchase or possess a firearm
under state law, to carry or transport a concealed or unconcealed
handgun firearm in this state, except as hereby authorized by the
provisions of the Oklahoma Self -Defense Act or as may otherwise be
provided by law.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1290.7, is
amended to read as follows:
Section 1290.7
CONSTRUING AUTHORITY OF LICENSE
A. The authority to carry a concealed or unconcealed handgun
pursuant to a valid handgun license firearm as authorized by the
provisions of the Oklahoma Self -Defense Act shall not be c onstrued
to authorize any person to:
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1. Carry or possess any weapon other than an authorized pistol
firearm as defined by the provis ions of Section 1290.2 Sections
1289.3, 1289.4, or 1289.5 of this title;
2. Carry or possess any pistol firearm in any manner or in any
place otherwise prohibited by l aw;
3. Carry or possess any prohibited ammunition or any illegal ,
imitation or homemade pistol firearm in violation of state law;
4. Carry or possess any pistol firearm when the person is
prohibited by state or federal law from carrying or possessing any
firearm; or
5. Point, discharge or use the pistol firearm in any manner not
otherwise authorized by law.
B. The availability of a license ability to carry a firearm
pursuant to the provisions of the Oklahoma Self -Defense Act shall
not be construed to pr ohibit the lawful transport or carrying of a
handgun or pistol firearm in a vehicle or on or about the person
whether concealed or unconcealed, loaded or unloaded, and without a
valid handgun license as permitted by law.
SECTION 4. AMENDATORY 21 O.S. 2021, Section 1290.8, is
amended to read as follows:
Section 1290.8
POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN
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A. Except as otherwise prohibited by law, an eligible person
shall have authority to carry a concealed o r unconcealed handgun
firearm in this state when:
1. The person has been issued a handg un license from the
Oklahoma State Burea u of Investigation pursuant to the provisions of
the Oklahoma Self-Defense Act, provided the person is in compliance
with the provisions of the Okla homa Self-Defense Act, and the
license has not expired or been subse quently suspended or revoked ;
or
2. The person is twenty-one (21) years of age or older, and is
either:
a. active military, or
b. a member of the Reserve or National G uard to include
Drill Status Guard and Reserve, Active Guard Reserves
or Military Technicians,
and presents a valid military ide ntification card that shall be
considered a valid handgun license issued authorized pursuant to the
Oklahoma Self-Defense Act provisions of Section 1272 of this title .
B. A person in possession of a valid state photo identification
card, driver license, or valid handgun license or who meets the
criteria and presents a valid military identification card as
provided for in this sect ion and is in compliance with the
provisions of the Oklahoma Self -Defense Act shall be a uthorized to
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carry such concealed or unc oncealed handgun firearm while scouting
as it relates to hunting or fishing or while hunting or fishing.
C. The person shall be required to have possession of his or
her valid handgun license or, a valid military identification card
as provided for qualif ied persons in this section and, a valid
driver license, or state photo identification card at all times when
in possession of an authorized pistol a firearm. The person shall
display the either a valid handgun license or, a valid military
identification card, a valid driver license, or a valid s tate photo
identification card as provided for quali fied persons in this
section on demand of a law enforcement officer; provided, however,
that in the absence of reasonable and articulable suspicion of other
criminal activity, an individual carrying an unconcealed or
concealed handgun firearm shall not be disarmed or physically
restrained unless the individual fails to display a one of the
following:
1. A valid handgun license or a;
2. A valid military identificat ion card;
3. A valid driver license; or
4. A valid state pho to identification card,
as provided for qualified persons in this section in response to
that demand. Any violation of the provisions of this subsection may
be punishable as a criminal offense as authorized by Section 1272 of
this title or pursuant to any other applicable provision of law.
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Upon the arrest of any person for a violation of the provisions
of this subsection, the person may show proof to the court that a
valid handgun license and the other required, a valid military
identification card, a valid driver license, or a valid sta te photo
identification card has been issued to such person and the person
may state any reason why the valid handgun license, a valid military
identification card, valid driver license, or valid state photo
identification card as provided for qualified persons in this
section or the other required identification was not carried by the
person as required by the Oklahoma Self -Defense Act. The court
shall dismiss an alleged violation of Section 1272 of this title
upon payment of court costs, if proof of a valid handgun license and
other required, a valid military identification card, a valid driver
license, or valid state photo identification card is shown to the
court within ten (10) days of the arrest of the person. The court
shall report a dismissal of a charge to the Bureau for consider ation
of administrative proceedings against the licensee.
D. It shall be unlawful for a ny person to fail or refuse to
identify the fact that the person is in actual possession of a
concealed or unconcealed firearm pursuant to the authority of the
Oklahoma Self-Defense Act during the course of any arrest,
detainment, or routine traffic stop. Said The identification to the
law enforcement officer shall be required upon the demand of the law
enforcement officer. No person shall be required to identify
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himself or herself as a handgun licensee or as lawfully in
possession of any other firearm if the law enforcement officer does
not demand the information. No person shall be required to identify
himself or herself as a handgun licensee in possession of a firea rm
when no handgun firearm is in the possession of the person or in any
vehicle in which the person is driving or is a passenger. Any
violator of the provisions of this subsection may be issued a
citation for an amount not exceeding One Hundred Dollars ($ 100.00).
E. Any law enforcement officer coming in contact with a person
whose handgun license is suspended, or revoked, or expired, or who
is in possession of a handgun license which has not been lawfully
issued to that person, shall confiscate the licens e and return it to
the Oklahoma State Bureau of Investigation for appropriate
administrative proceedings against the licensee whe n the license is
no longer needed as evidence in any criminal proceeding.
F. Nothing in this section shall be construed to aut horize a
law enforcement officer to inspect any weapon properly concealed or
unconcealed without probable cause that a crime has been committed.
SECTION 5. AMENDATORY 21 O.S. 2021, Section 1290.24, is
amended to read as follows:
Section 1290.24
IMMUNITY
A. The state or any political subdivision of the state, as
defined in Section 152 of Title 51 of the Oklahoma Statutes, and its
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officers, agents and employees shall not be immune from subject to
liability resulting or arising from :
1. Failure to prevent the licensing of an individual for whom
the receipt of the lice nse is unlawful pursuant to the provisions of
the Oklahoma Self-Defense Act or any other provision of law of this
state;
2. Any action or misconduct with a firearm com mitted by a
person pursuant to the provisions of the Oklahoma Self -Defense Act
or by any person who obtains a firearm;
3. Any injury to any person during a handgun firearm training
course conducted by a firearms instructor certified by the Council
on Law Enforcement Education and Training to conduct training under
the Oklahoma Self-Defense Act, or injury from any misfire or
malfunction of any handgun firearm on a training course firing range
supervised by a certified firearms instructor under the provision s
of the Oklahoma Self -Defense Act, or any injury resulting from
carrying a concealed or unconcealed handgun firearm pursuant to a
handgun license any firearms training; and
4. Any action or finding pursuant to a hearing conducted in
accordance with the A dministrative Procedures Act as required in the
Oklahoma Self-Defense Act.
B. Firearms instructors certified by the Council on Law
Enforcement Education and Training to conduct training for the
Oklahoma Self-Defense Act shall not be immune from subject to
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liability to third persons resulting or arising from any claim bas ed
on an act or omission of a trainee.
C. The provisions of this sub section shall not apply to claims
pursuant to the Administrative Workers ' Compensation Act.
SECTION 6. AMENDATORY 21 O.S. 2021, Section 1290.25, is
amended to read as follows:
Section 1290.25
LEGISLATIVE INTENT
The Legislature finds as a matter of public policy and fact that
it is necessary to provide statewide uniform standards for issuing
licenses to carry carrying concealed or unconcealed handguns
firearms for lawful self-defense and self-protection, and further
finds it necessary to occupy the field of regulation of the bearing
of concealed or unconcealed handguns firearms to ensure that no
honest, law-abiding citizen who qualifies pursuant to the provisions
of the Oklahoma Self -Defense Act is subjectively or arbitrarily
denied his or her rights. The Legislature does not delegate to the
Oklahoma State Bureau of Investigation any authority to re gulate or
restrict the issuing of handgun licenses except as provided by the
provisions of this act the Oklahoma Self-Defense Act. Subjective or
arbitrary actions or rules which encumber the issuing process by
placing burdens on the applicant beyond those requirements detailed
in the provisions of the Oklahoma Self -Defense Act or which creat e
restrictions beyond those specified in this act the Oklahoma Self-
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Defense Act are deemed to be in conflict with the intent of this act
the Oklahoma Self-Defense Act and are hereby prohibited. The
Oklahoma Self-Defense Act shall be liberally construed to carry out
the constitutional right to bear arms f or self-defense and self-
protection. The provisions of the Oklahoma Self -Defense Act are
cumulative to existing right s to bear arms and nothing in the
Oklahoma Self-Defense Act shall impair or diminish tho se rights.
However, the conditions that mandate th e administrative actions
of license denial, suspension, revocation or an administrative fine
are intended to protect t he health, safety and public welfare of the
citizens of this state. The restricting con ditions specified in the
Oklahoma Self-Defense Act generally involve the criminal history,
mental state, alcohol or substance abuse of the applicant or
licensee, a hazard of domestic violence, a danger to police
officers, or the ability of the Oklahoma Sta te Bureau of
Investigation to properly administer the Oklahoma Self-Defense Act.
The restricting conditions that establish a risk of injury or harm
to the public are tailored to reduce the risks to the benefit of the
citizens of this state.
SECTION 7. AMENDATORY 21 O.S. 2021, Section 1290.26, is
amended to read as follows:
Section 1290.26
RECIPROCAL AGREEMENT AUTHORITY
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A. The State of Oklahoma shall hereby recognizes recognize any
valid concealed or unconcealed carry weapons per mit, valid military
identification card as provided for qualified persons in Section
1290.8 of this title or license issued by another state, or if th e
state is a nonpermitting carry state, this state shall reciprocate
under the permitting law of that stat e.
A. B. Any person entering this state in possession of a firearm
authorized for concea led or unconcealed carry upon the authority and
license of another state or, a valid military identification card , a
valid driver license, or a valid state photo identification card, as
provided for qualified persons in Section 1290.8 of this title , is
authorized to continue to carry a concealed or unconcealed firear m
and license in this state; provided , the license from the other
state or, a valid military identificati on card, a valid driver
license, or a valid state photo identification card, as provided for
qualified persons in Section 1290.8 of this title , remains valid.
The firearm must either be c arried unconcealed or concealed , and
upon coming in contact with any peace officer of this state, t he
person must disclose the fact that he or she is in possession of a
concealed or unconcealed firearm pursuant to a val id concealed or
unconcealed carry weapons permit , license or a valid military
identification card as prov ided for qualified persons in S ection
1290.8 of this title issued in another state.
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B. C. Any person entering who enters this state in possession
of a firearm authorized for concealed carry upon the authority of a
state that is a nonpermitted carr y state and the person is in
compliance with the Oklahoma Self -Defense Act, the person is shall
be authorized to carry a concealed or unconcealed firearm in th is
state. The firearm must be carried fully concealed , or unconcealed
and upon in compliance with the laws of this state. When coming in
contact with any peace law enforcement officer of this state and
upon instruction from the law enforcement officer , the person must
disclose the fact that he or she is in possession of a concealed or
unconcealed firearm pursuant to the nonpermitting law s of the state
in which he or she is a legal resident. The person shall present
proper identification by a valid photo ID as proof that he or she is
a legal resident in such a non -permitting state. The Department of
Public Safety shall keep a current lis t of non-permitting states for
law enforcement officers to confirm that a state is nonper mitting.
C. D. Any person who is twenty-one (21) years of age or older
having a valid firearm license from another state may apply for a
handgun license in this state immediately upon establishing a
residence residency in this state.
SECTION 8. This act shall become effective November 1, 2022.
58-2-9126 GRS 12/27/21