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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3743 By: Lowe (Jason)
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1283, which relates to the possession of
firearms by convicted felons and delinquents;
prohibiting certain persons from using, purchasing,
or possessing firearms; and prov iding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Sect ion 1283, is
amended to read as follows:
Section 1283.
CONVICTED FELONS AND DELINQUENTS
A. Except as provided in subsection B of this section, it shall
be unlawful for any person convicted of any felony in any court of
this state or of another state or o f the United States to have in
his or her possession or under his or her immediate control, or in
any vehicle which the person is operating, or in which the person is
riding as a passenger, or at the residence where the convicted
person resides, any pistol , imitation or homemade pistol, altered
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air or toy pistol, machine gun, sawed -off shotgun or rifle, or any
other dangerous or deadly firearm.
B. Any person who has previously been convicted of a nonviolent
felony in any court of this state or of another s tate or of the
United States, and who has received a fu ll and complete pardon from
the proper authority and has not been convicted of any other felony
offense which has not been pardoned, shall have restored the right
to possess any firearm or other weapon prohibited by subsection A of
this section, the right to apply for and carry a handgun, concealed
or unconcealed, pursuant to the Oklahoma Self -Defense Act or as
otherwise permitted by law, and the right to perform the duties of a
peace officer, gunsmith, and for firearms repair.
C. It shall be unlawful for any person serving a term of
probation for any felony in any court of this state or of another
state or of the United States or under the jurisdiction of any
alternative court program to have in his or her possession or under
his or her immediate control, or at his or her residence, or in any
passenger vehicle which the person is operating or is riding as a
passenger, any pistol, shotgun or rifle, including any imitation or
homemade pistol, altered air or toy pistol, shotgun or rifle, while
such person is subject to supervision, probation, parole or inmate
status.
D. It shall be unlawful for any person previously adjudicated
as a delinquent child or a youthful offender for the commission of
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an offense, which would have constituted a felony offense if
committed by an adult, to have in the possession of the person or
under the immediate control of the person, or have in any vehicle
which he or she is driving or in which the person is riding as a
passenger, or at the residence of the person, any pistol, imitati on
or homemade pistol, altered air or toy pistol, machine gun, sawed -
off shotgun or rifle, or any other dangerous or deadly firearm
within ten (10) years after such adjudication; provided, that
nothing in this subsection shall be construed to prohibit the
placement of the person in a home with a full -time duly appointed
peace officer who is certified by the Council on Law Enforcement
Education and Training (CLEET) pursuant to the provisions of Section
3311 of Title 70 of the Oklahoma Statutes.
E. It shall be unlawful for any person who is an alien
illegally or unlawfully in the United States to have in the
possession of the person or under the immediate control of the
person, or in any vehicle the perso n is operating, or at the
residence where the person re sides, any pistol, imitation or
homemade pistol, altered air or toy pistol, shotgun, rifle or any
other dangerous or deadly firearm; provided, that nothing in this
subsection applies to prohibit the tr ansport or detention of the
person by law enforcement o fficers or federal immigration
authorities. Any person who violates the provisions of this
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subsection shall, upon conviction, be guilty of a misdemeanor
punishable by a fine of Two Hundred Fifty Dolla rs ($250.00).
F. Any person having been issued a handg un license pursuant to
the provisions of the Oklahoma Self -Defense Act and who thereafter
knowingly or intentionally allows a convicted felon or adjudicated
delinquent or a youthful offender as prohibi ted by the provisions of
subsection A, C, or D of this section to possess or have control of
any pistol authorized by the Oklahoma Self -Defense Act shall, upon
conviction, be guilty of a felony punishable by a fine not to exceed
Five Thousand Dollars ($5,0 00.00). In addition, the person shall
have the handgun license revoked by the Oklahoma State Bureau of
Investigation after a hearing and determination that the person has
violated the provisions of this section.
G. Any convicted or adjudicated person vio lating the provisions
of this section shall, upon convi ction, be guilty of a felony
punishable as provided in Section 1284 of this title.
H. It shall be unlawful for any person convicted of a
misdemeanor or felony domestic violence offense in any court of this
state or of another state or of the United States to use, purchase,
or to have in his or her possession or under his or her immediate
control, or in any vehicle whi ch the person is operating, or in
which the person is riding as a passenger, or at the residence where
the convicted person resides, any pist ol, imitation or homemade
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pistol, altered air or toy pistol, machine gun, sawed -off shotgun or
rifle, or any other dangerous or deadly firearm .
I. For purposes of this section, "sawed-off shotgun or rifle"
shall mean any shotgun or rifle which has been sh ortened to any
length.
I. J. For purposes of this section, "altered toy pistol" shall
mean any toy weapon which has been altered from its original
manufactured state to resemble a real weapon.
J. K. For purposes of this section, "altered air pistol" shall
mean any air pistol manufactured to propel projectiles by air
pressure which has been altered from its original manufactured
state.
K. L. For purposes of this section, "alternative court program "
shall mean any drug court, Anna McBride or mental health court, DUI
court or veterans court.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9387 GRS 01/04/22