SB1118 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) ENGROSSED SENATE BILL NO. 1118 By: Bergstrom and Jett of the Senate and Gann of the House An Act relating to firearm training; amend ing 21 O.S. 2021, Sections 1290.14 and 1290.15, which relate to safety and training course and persons exempt fro m training course; clarifying language; directing certain approval; removing certain time inclusion; removing certain exemption requirement; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA: SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.14, is amended to read as follows: Section 1290.14. SAFETY AND TRAINING COURSE A. Each applicant for a license to carry a concealed or unconcealed handgun pursuant to the Oklahoma Self -Defense Act must successfully complete a firearms safety and training course in this state conducted by a registe red and approved firearms instructor as SB1118 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provided by the provisions of this secti on or from an interactive online firearms safety and training course avai lable electronically via the Internet approved and certified by the C ouncil on Law Enforcement Educatio n and Training. The applicant must further demonstrate competence and qualifica tion with an authorized pistol of the type or types that the applicant de sires to carry as a concealed or unconcealed handgun pursuant to the provisions of the Oklahoma Self-Defense Act, except certain persons may be exempt from such training requirement a s provided by the provisions of Section 1290.15 of this title. B. The Council on Law Enforcement Education and Training (CLEET) shall establi sh criteria for approving firearms instructors and interactive online firearms safety and training courses available electronically via the Internet for pu rposes of training and qualifying individuals for a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act. Prior to submitting an application for CLEET approval as a f irearms instructor, appli cants shall attend a firearms instructor school, meeting the following minimum requirements: 1. Firearms instructor training conducted by on e of the following entities: a. Council on Law Enforcement Education and Training, b. National Rifle Association, c. Oklahoma Rifle Association, SB1118 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. federal law enforcement agencies, or e. other professionally recognized organizations; 2. The course shall be at least sixteen (16) hours in l ength; 3. Upon completion of the course, the applicant shall be qualified to provide instruction on revolvers, semiautom atic pistols, or both; and 4. Receive a course completion certificate. All firearms instructors sha ll be required to meet the eligibility requirements for a handgun license as provided in Sections 1290.9, 1290.10, and 1290.11 of this title and the application shall be processed as provi ded for applicants in Section 1290.12 of this title , including the state and national criminal history records search and fingerprint search. A firearms instructor shall be required to pay a fee of One Hundred Dollars ($100.00) to the Council on Law Enfor cement Education and Training (CLEET) each time the person makes app lication for CLEET approval as a firearms instructor pursuant to the provisions of the Okl ahoma Self-Defense Act. The fee shall be retained by CLEET and sh all be deposited into the Firear ms Instructors Revolving Fund. CLEET shall promulgate the rules, fo rms and procedures necessary to imp lement the approval of firearms instructors as authoriz ed by the provisions of this subsection. CLEET shall periodically review each approved instructor during a training and qualification course to assure compliance with the rules and course contents. A ny violation of the SB1118 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 rules may result in the revocation or suspension of CLEET an d Oklahoma State Bureau of Investigation approval. Unless the approval has been revoked or suspended, a firearms instructor ’s CLEET approval shall be for a term of five (5) ye ars. Beginning on July 1, 2003, any firearms instructo r who has been issued a f our- year CLEET approval shall not be elig ible for the five-year approval until the expiration of the approval previously issued. CLEET shall be responsible for notifying all a pproved firearms instructors of statutory and policy ch anges related to the Okla homa Self-Defense Act. A firearms instru ctor shall not be required to su bmit his or her fingerprints for a fingerprint search when renewing a firearms instructor’s CLEET approval. C. 1. All firearms instructors approved by CLEET to train and qualify individuals for a handgun license shall be r equired to apply for registration with the Oklahoma State Bureau of Investigation after receiving CLEET approval. All firearms instruc tors teaching the approved course for a handgun license must display their registration certificate during each training and qualification course. Each approved firearms instructor shall complete a registration form prov ided by the Bureau and shall have t he option to pay a registration fee of either One Hundr ed Dollars ($100.00) for a five-year registration certificate or T wo Hundred Dollars ($200.00) for a ten-year registration certificate to the Bureau at the time of each application for registration, ex cept as provided in SB1118 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 paragraph 2 of this subsection. Re gistration certificates i ssued by the Bureau shall be valid for a period of five (5) years or ten (10) years from the date of issuance. The Bureau shall issue a five -year or ten-year handgun license t o an approved firearms instructor at the time of issuance of a registration cert ificate and no additional fee shall be required or charged. The Bureau s hall maintain a current listing of all registered firearms instructo rs in this state. Nothing in this paragraph shall be construed to eliminate the requirement for registration and t raining with CLEET as provided in subsection B of this section. Failure to register or be trained as required shall result in a revocation o r suspension of the instructor certificate by the Bureau. 2. On or after July 1, 2003, th e registered Registered instructors listed in subparagraphs a and b of this paragraph shall not be required to renew the firearms instructor registration certificate with the Ok lahoma State Bureau of I nvestigation at the expiration of the registration term , provided the instructor is not subject to any suspension or revo cation of the firearms instructo r certificate. The firearms instructor registration with the Oklahoma State Bureau of Investigation sh all automatically renew together with the handgun licen se authorized in paragrap h 1 of this subsection for an additional five-year term and no additional cost or fee may be charged for the following individuals: SB1118 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. an active duty law enforcement officer of this state or any of its political subdivisions or of the federal government who has a valid CLEET approval as a firearms instructor pursuant to the Okl ahoma Self- Defense Act, and b. a retired law enforcement officer authorized to carry a firearm pursuant to Section 1289.8 of this title who has a valid CLEET approval as a firearms in structor pursuant to the Oklahoma Self -Defense Act. D. The Oklahoma Stat e Bureau of Investigation shall approve registration for a firearms instructor applicant who is in full compliance with CLEET rules regarding firearms instruc tors and the provisions of subsection B of this section, if comple tion of the federal fingerprint search is the only reason for delay of registration of that firearms instructor applicant. Upon receip t of the federal fingerprint search information, if the Bureau receives information which precludes the person from havin g a handgun license, the Bureau shall revoke both the registration and the handgun license previously issued to the firearms instructor . E. The required firearms safety and training course and the actual demonstration of competency and qualification requi red of the applicant shall be de signed and conducted in such a manner that the course can be reasonably complet ed by the applicant with in an eight- hour period. CLEET shall establish the cou rse content and SB1118 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 promulgate rules, procedures and forms necessary t o implement the provisions of this subsection. For the training and qualification course, an applicant may be charged a fee which shal l be determined by the instructor or entity that is con ducting the course. The maximum class size shall be determined by the instructor conducting the course; provided, however, practice shooting sessions shall not have more than ten participating student s at one time. CLEET may establish criteria for assist ant instructors and any o ther requirements deemed necessary to con duct a safe and effective training and qualification course. The course content shall include a safety inspection of the firearm to be used by the applicant in the training course; instruct ion on pistol handling, s afety and storage; dynamics of ammunition and firing; methods or position s for firing a pistol; information about the criminal provisions of the Oklahoma law relating to firear ms; the requirements of the Oklahoma Self-Defense Act as it relates to the appli cant; self-defense and the use of appropriate force; a practice shooting session; and a familiarization course. The firearms instructor shall refuse to train or qualify any pe rson when the pistol to be used or carried by the person is either deemed unsafe or unfit for firing or is a weapon not authorized by the Oklahoma Self -Defense Act. The course shall provide an opportunity for the applicant to quali fy himself or herself on either a derringer, a revolver, a semiautomatic with a pistol or any combination of a derringer, a revolver and a SB1118 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 semiautomatic pistol,; provided, no pistol shall be capable of firing larger than .45 caliber ammunition. Any applicant who successfully trains and qualifies himself or herself with a semiautomatic pistol may shall be approved by the firearms instructor on the training certificate for a semiautomatic pistol, a revolver and a derringer upon request of the applicant . Any person who qualifies on a derringer or revolver shall not be eligible for a semiautomatic rating until the person has demonstrated competence and qualifications on a semiautoma tic pistol. Upon successful completion of the training and qualification course, a certificat e of training and a certificate of competency and qualification shall be issued to each applicant who successfully completes the c ourse. The certificate of train ing and certificate of competency and qualification shall comply with the forms established by CLEET and shall be submitted with an application for a handgun license pursuant to the provisions of paragraph 2 of subsection A of Section 1290.12 of this title . The certificate of training and certificate of competency and qualification issued to an ap plicant shall be valid for a period of three (3) years. F. There is hereby created a rev olving fund for the Council on Law Enforcement Education and Training (CL EET), to be designated the “Firearms Instructors Revolving Fund ”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all funds received for approval of firearms instructors SB1118 HFLR Page 9 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for purposes of the Oklahoma Self -Defense Act. All funds received shall be deposited to the fund. All monies accruing to the cr edit of said fund are hereby appropriated and may be budgeted an d expended by the Council on Law Enforcement Education and Trainin g, for implementation of the tra ining and qualification course contents, approval of firearms instructors and any other CLEET requirement pursuant to the provisions of the Oklahoma Self -Defense Act or as may otherwi se be deemed appropriate by CLEET. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law wit h the Director of the Office of Management and Enterprise Servic es for approval and payment. G. Firearms instructors shall keep o n file for a period of not less than three (3) years a roster of each training class, the safety test score of each individual , the caliber and type of the weapon each individual used when q ualifying and whether or not each individual successfully complete d the training course. Firearms instructors shall be authorized to destroy all training documents and records upon expiration of the three-year time period. SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.15, is amended to read as follows: Section 1290.15. PERSONS EXEMPT FROM TRAINING COURSE SB1118 HFLR Page 10 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. The following individuals may be exempt from all or part of the required training and qualification course established pu rsuant to the provisions of Section 1290.14 of this title: 1. A firearms instructor registered wi th the Oklahoma State Bureau of Investigation for pu rposes of the Oklahoma Self-Defense Act; 2. An active duty or reserve duty law enforcement officer of this state or any of its pol itical subdivisions or of the federal government; 3. A retired law enfor cement officer authorized by this state pursuant to Section 1289.8 of this title to carry a firearm; 4. A Council on Law Enforcement Education and Training ( CLEET) certified armed security officer, armed guard, correctional officer, or any other person ha ving a CLEET certification to carry a firearm in the course of their employment; 5. A person on active military duty, National Guard duty or regular military reserve duty who is a le gal resident of this state and who is trained and qualified in the use of handguns; 6. A person honorably discharged from ac tive military duty, National Guard duty or military reserves within twenty (20) years preceding the date o f the application for a h andgun license pursuant to the provisions of the Oklahoma Self -Defense Act, who is a legal resident of this state , and who has been trained and qualified in the use of handguns; SB1118 HFLR Page 11 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. A person retired as a peace officer in good stand ing from a law enforcement agency located in another state, who is a legal resident of this state, and who has received training equivalent to the training required for CLEET certification in this state; and 8. Any person who is otherwise deemed qualified for a training exemption by CLEET. B. No person who is determine d to be exempt from training or qualification may carry a concealed or unconcealed f irearm pursuant to the authority of the Oklahoma Self -Defense Act until issued a valid handgun license or possesses a valid militar y identification card as provided for qua lified persons in Section 1290.8 of this title. C. Nothing contained in any provisi on of the Oklahoma Self- Defense Act shall be construed to alter, amend, or modify the authority of any act ive duty law enforcement officer, or any person certified by the Council on Law Enforcement Educat ion and Training to carry a pistol during the course of their employment, to carry any pistol in any manner authorized by law or authorized by the employing agency. SECTION 3. This act shall become effective November 1, 2022. COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/05/2022 - DO PASS, As Coauthored.