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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 3743 By: Lowe (Jason)
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38	38	AS INTRODUCED
39	39
40	40	An Act relating to firearms; amending 21 O.S. 2021,
41	41	Section 1283, which relates to the possession of
42	42	firearms by convicted felons and delinquents;
43	43	prohibiting certain persons from using, purchasing,
44	44	or possessing firearms; and prov iding an effective
45	45	date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 21 O.S. 2021, Sect ion 1283, is
52	52	amended to read as follows:
53	53	Section 1283.
54	54	CONVICTED FELONS AND DELINQUENTS
55	55
56	56	A. Except as provided in subsection B of this section, it shall
57	57	be unlawful for any person convicted of any felony in any court of
58	58	this state or of another state or o f the United States to have in
59	59	his or her possession or under his or her immediate control, or in
60	60	any vehicle which the person is operating, or in which the person is
61	61	riding as a passenger, or at the residence where the convicted
62	62	person resides, any pistol , imitation or homemade pistol, altered
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89	89	air or toy pistol, machine gun, sawed -off shotgun or rifle, or any
90	90	other dangerous or deadly firearm.
91	91	B. Any person who has previously been convicted of a nonviolent
92	92	felony in any court of this state or of another s tate or of the
93	93	United States, and who has received a fu ll and complete pardon from
94	94	the proper authority and has not been convicted of any other felony
95	95	offense which has not been pardoned, shall have restored the right
96	96	to possess any firearm or other weapon prohibited by subsection A of
97	97	this section, the right to apply for and carry a handgun, concealed
98	98	or unconcealed, pursuant to the Oklahoma Self -Defense Act or as
99	99	otherwise permitted by law, and the right to perform the duties of a
100	100	peace officer, gunsmith, and for firearms repair.
101	101	C. It shall be unlawful for any person serving a term of
102	102	probation for any felony in any court of this state or of another
103	103	state or of the United States or under the jurisdiction of any
104	104	alternative court program to have in his or her possession or under
105	105	his or her immediate control, or at his or her residence, or in any
106	106	passenger vehicle which the person is operating or is riding as a
107	107	passenger, any pistol, shotgun or rifle, including any imitation or
108	108	homemade pistol, altered air or toy pistol, shotgun or rifle, while
109	109	such person is subject to supervision, probation, parole or inmate
110	110	status.
111	111	D. It shall be unlawful for any person previously adjudicated
112	112	as a delinquent child or a youthful offender for the commission of
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139	139	an offense, which would have constituted a felony offense if
140	140	committed by an adult, to have in the possession of the person or
141	141	under the immediate control of the person, or have in any vehicle
142	142	which he or she is driving or in which the person is riding as a
143	143	passenger, or at the residence of the person, any pistol, imitati on
144	144	or homemade pistol, altered air or toy pistol, machine gun, sawed -
145	145	off shotgun or rifle, or any other dangerous or deadly firearm
146	146	within ten (10) years after such adjudication; provided, that
147	147	nothing in this subsection shall be construed to prohibit the
148	148	placement of the person in a home with a full -time duly appointed
149	149	peace officer who is certified by the Council on Law Enforcement
150	150	Education and Training (CLEET) pursuant to the provisions of Section
151	151	3311 of Title 70 of the Oklahoma Statutes.
152	152	E. It shall be unlawful for any person who is an alien
153	153	illegally or unlawfully in the United States to have in the
154	154	possession of the person or under the immediate control of the
155	155	person, or in any vehicle the perso n is operating, or at the
156	156	residence where the person re sides, any pistol, imitation or
157	157	homemade pistol, altered air or toy pistol, shotgun, rifle or any
158	158	other dangerous or deadly firearm; provided, that nothing in this
159	159	subsection applies to prohibit the tr ansport or detention of the
160	160	person by law enforcement o fficers or federal immigration
161	161	authorities. Any person who violates the provisions of this
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188	188	subsection shall, upon conviction, be guilty of a misdemeanor
189	189	punishable by a fine of Two Hundred Fifty Dolla rs ($250.00).
190	190	F. Any person having been issued a handg un license pursuant to
191	191	the provisions of the Oklahoma Self -Defense Act and who thereafter
192	192	knowingly or intentionally allows a convicted felon or adjudicated
193	193	delinquent or a youthful offender as prohibi ted by the provisions of
194	194	subsection A, C, or D of this section to possess or have control of
195	195	any pistol authorized by the Oklahoma Self -Defense Act shall, upon
196	196	conviction, be guilty of a felony punishable by a fine not to exceed
197	197	Five Thousand Dollars ($5,0 00.00). In addition, the person shall
198	198	have the handgun license revoked by the Oklahoma State Bureau of
199	199	Investigation after a hearing and determination that the person has
200	200	violated the provisions of this section.
201	201	G. Any convicted or adjudicated person vio lating the provisions
202	202	of this section shall, upon convi ction, be guilty of a felony
203	203	punishable as provided in Section 1284 of this title.
204	204	H. It shall be unlawful for any person convicted of a
205	205	misdemeanor or felony domestic violence offense in any court of this
206	206	state or of another state or of the United States to use, purchase,
207	207	or to have in his or her possession or under his or her immediate
208	208	control, or in any vehicle whi ch the person is operating, or in
209	209	which the person is riding as a passenger, or at the residence where
210	210	the convicted person resides, any pist ol, imitation or homemade
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237	237	pistol, altered air or toy pistol, machine gun, sawed -off shotgun or
238	238	rifle, or any other dangerous or deadly firearm .
239	239	I. For purposes of this section, "sawed-off shotgun or rifle"
240	240	shall mean any shotgun or rifle which has been sh ortened to any
241	241	length.
242	242	I. J. For purposes of this section, "altered toy pistol" shall
243	243	mean any toy weapon which has been altered from its original
244	244	manufactured state to resemble a real weapon.
245	245	J. K. For purposes of this section, "altered air pistol" shall
246	246	mean any air pistol manufactured to propel projectiles by air
247	247	pressure which has been altered from its original manufactured
248	248	state.
249	249	K. L. For purposes of this section, "alternative court program "
250	250	shall mean any drug court, Anna McBride or mental health court, DUI
251	251	court or veterans court.
252	252	SECTION 2. This act shall become effective November 1, 2022.
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254	254	58-2-9387 GRS 01/04/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3743 Compare Versions