Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1118 Latest Draft

Bill / Amended Version Filed 04/05/2022

                             
 
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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   
 
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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,   
 
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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   
 
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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   
 
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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:   
 
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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   
 
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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   
 
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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   
 
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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   
 
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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;   
 
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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.