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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 644 By: Stephens, Hamilton,
Bullard, Bergstrom and Jett
of the Senate
and
Roberts (Sean) and McDugle
of the House
COMMITTEE SUBSTITUTE
An Act relating to firearms; amending 21 O.S. 2011,
Section 1277, as last amended by Section 1, Chapter
235, O.S.L. 2019 (21 O.S. Supp. 2020, Section 1277),
which relates to the unlawful carry of firearms in
certain places; removing references to fede rally
owned buildings and properties; authorizing
municipalities to allow for the carry of concealed
firearms by municipal officials or employees for
personal protection; providing eligibility
requirements; providing conditions by which firearms
shall be carried and stored; providing exemption from
civil and criminal liability under certain
circumstances; prohibiting the carrying of firearms
at firearm-prohibited locations; providing penalty;
defining term; providing construing provision related
to the carrying of firearms by municipal officials or
employees; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1277, as
last amended by Section 1, Chapte r 235, O.S.L. 2019 (21 O.S. Supp.
2020, Section 1277), is amended to read as follows:
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Section 1277.
UNLAWFUL CARRY IN CERTAIN PLACES
A. It shall be unlawful for any person , including a person in
possession of a valid handgun license issued pursuant to the
provisions of the Oklahoma Self -Defense Act, to carry any concealed
or unconcealed handgun firearm into any of the following places:
1. Any structure, building , or office space which is owned or
leased by a city, town, county , or state or federal governmental
authority for the purpose of conducting business with the public;
2. Any courthouse, courtroom, prison, jail, detention facility
or any facility used to process, hold or house arrested persons,
prisoners or persons alleged delinquent or adjudicated delinquent,
except as provided in Section 21 of Title 57 of the Oklahoma
Statutes;
3. Any public or private elementary or public or private
secondary school, except as provided in subsections C and D of this
section;
4. Any publicly owned or operated spo rts arena or venue during
a professional sporting event, unless allowed by the event holder;
5. Any place where gambling is authorized by law, unless
allowed by the property owner; and
6. Any other place specifically prohibited by law.
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B. For purposes of subsection A of this section, the prohibited
place does not include and specifically excludes the following
property:
1. Any property set aside for the use or parking of any
vehicle, whether attended or unattended, by a city, town, county , or
state or federal governmental authority;
2. Any property set aside for the use or parking of any
vehicle, whether attended or unattended, which is open to the
public, or by any entity engaged in gambling authorized by law;
3. Any property adjacent to a structure, building or office
space in which concealed or unconcealed weapons are prohibited by
the provisions of this section;
4. Any property designated by a city, town, county or state
governmental authority as a park, recreational area, wildlife
refuge, wildlife management area or fairgrounds; provided, nothing
in this paragraph shall be construed to authorize any entry by a
person in possession of a concealed or unconcealed firearm into any
structure, building or office space which is specifically prohibited
by the provisions of subsection A of this section; and
5. Any property set aside by a public or private elementary or
secondary school for the use or parking of any vehicle, whether
attended or unattended; provided, however, the firearm shall be
stored and hidden from view in a locked motor vehicle when the motor
vehicle is left unattended on school property.
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Nothing contained in any provision of this subsection or
subsection C of this section shall be construed to authorize or
allow any person in control of any place described in subsection A
of this section to establish any policy or rule that has the effect
of prohibiting any person in lawful possession of a handgun license
or otherwise in lawful possession of a firearm from carrying or
possessing the firea rm on the property described in this subsection.
C. A concealed or unconcealed weapon may be carried onto
private school property or in any school bus or vehicle used by any
private school for transportation of students or teachers by a
person who is licensed pursuant to the Oklahoma Self -Defense Act,;
provided, a policy has been adopted by the governing entity of the
private school that authorizes the carrying and possession of a
weapon on private school property or in any school bus or vehicle
used by a private school. Except for acts of gross negligence or
willful or wanton misconduct, a governing entity of a private school
that adopts a policy which authorizes the possession of a weapon on
private school property, a school bus or vehicle used by the pr ivate
school shall be immune from liability for any injuries arising from
the adoption of the policy. The provisions of this subsection shall
not apply to claims pursuant to the Administrative Workers'
Compensation Act.
D. Notwithstanding paragraph 3 of subsection A of this section,
a board of education of a school district may adopt a policy
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pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to
authorize the carrying of a handgun onto school property by school
personnel specifically designa ted by the board of education ,;
provided, such personnel either:
1. Possess a valid armed security guard license as provided for
in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
2. Hold a valid reserve peace officer certification as pro vided
for in Section 3311 of Title 70 of the Oklahoma Statutes.
Nothing in this subsection shall be construed to restrict authority
granted elsewhere in law to carry firearms.
E. In any municipal zoo or park of any size that is owned,
leased, operated or managed by:
1. A public trust created pursuant to the provisions of Section
176 of Title 60 of the Oklahoma Statutes; or
2. A nonprofit entity,
an individual shall be allowed to carry a concealed handgun but not
openly carry a handgun on the property.
F. Any person violating the provisions of paragraph 2 or 3 of
subsection A of this section shall, upon conviction, be guilty of a
misdemeanor punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00). A person violating any other provision of
subsection A of this section may be denied entrance onto the
property or removed from the property. If the person refuses to
leave the property and a peace officer is summoned, the person may
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be issued a citation for an amount not to exceed Two Hundred Fi fty
Dollars ($250.00).
G. No person in possession of a valid handgun license issued
pursuant to the provisions of the Oklahoma Self -Defense Act or who
is carrying or in possession of a firearm as otherwise permitted by
law or who is carrying or in possess ion of a machete, blackjack,
loaded cane, hand chain or metal knuckles shall be authorized to
carry the firearm, machete, blackjack, loaded cane, hand chain or
metal knuckles into or upon any college, university or technology
center school property, except as provided in this subsection. For
purposes of this subsection, the following property shall not be
construed to be college, university or technology center school
property:
1. Any property set aside for the use or parking of any motor
vehicle, whether attended or unattended, provided the firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles are
carried or stored as required by law and the firearm, machete,
blackjack, loaded cane, hand chain or metal knuckles are not removed
from the motor vehicle without the prior consent of the college or
university president or technology center school administrator while
the vehicle is on any college, university or technology center
school property;
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2. Any property authorized for possession or use o f firearms,
machetes, blackjacks, loaded canes, hand chains or metal knuckles by
college, university or technology center school policy; and
3. Any property authorized by the written consent of the
college or university president or technology center scho ol
administrator, provided the written consent is carried with the
firearm, machete, blackjack, loaded cane, hand chain or metal
knuckles and the valid handgun license while on college, university
or technology center school property.
The college, universi ty or technology center school may notify
the Oklahoma State Bureau of Investigation within ten (10) days of a
violation of any provision of this subsection by a licensee. Upon
receipt of a written notification of violation, the Bureau shall
give a reasonable notice to the licensee and hold a hearing. At the
hearing, upon a determination that the licensee has violated any
provision of this subsection, the licensee may be subject to an
administrative fine of Two Hundred Fifty Dollars ($250.00) and may
have the handgun license suspended for three (3) months.
Nothing contained in any provision of this subsection shall be
construed to authorize or allow any college, university or
technology center school to establish any policy or rule that has
the effect of prohibiting any person in lawful possession of a
handgun license or any person in lawful possession of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
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possession of a firearm, machete, blackjack, loaded cane, hand chain
or metal knuckles in places described in paragraphs 1, 2 and 3 of
this subsection. Nothing contained in any provision of this
subsection shall be construed to limit the authority of any college,
university or technology center school in this state from taking
administrative action against any student for any violation of any
provision of this subsection.
H. The provisions of this section shall not apply to the
following:
1. Any peace officer or any person authorized by law to carry a
firearm in the course of em ployment;
2. District judges, associate district judges and special
district judges, who are in possession of a valid handgun license
issued pursuant to the provisions of the Oklahoma Self -Defense Act
and whose names appear on a list maintained by the Adm inistrative
Director of the Courts, when acting in the course and scope of
employment within the courthouses of this state;
3. Private investigators with a firearms authorization when
acting in the course and scope of employment;
4. Elected officials of a county, who are in possession of a
valid handgun license issued pursuant to the provisions of the
Oklahoma Self-Defense Act, may carry a concealed handgun when acting
in the performance of their duties within the courthouses of the
county in which he or she was elected. The provisions of this
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paragraph shall not allow the elected county official to carry the
handgun into a courtroom;
5. The sheriff of any county may authorize certain employees of
the county, who possess a valid handgun license issued pu rsuant to
the provisions of the Oklahoma Self -Defense Act, to carry a
concealed handgun when acting in the course and scope of employment
within the courthouses in the county in which the person is
employed. Nothing in the Oklahoma Self -Defense Act shall prohibit
the sheriff from requiring additional instruction or training before
receiving authorization to carry a concealed handgun within the
courthouse. The provisions of this paragraph and of paragraph 6 of
this subsection shall not allow the county emp loyee to carry the
handgun into a courtroom, sheriff's office, adult or juvenile jail
or any other prisoner detention area; and
6. The board of county commissioners of any county may
authorize certain employees of the county, who possess a valid
handgun license issued pursuant to the provisions of the Oklahoma
Self-Defense Act, to carry a concealed handgun when acting in the
course and scope of employment on county annex facilities or grounds
surrounding the county courthouse.
I. 1. Municipalities may, b y ordinance or resolution,
authorize all or certain municipal officials or employees to carry
concealed firearms for their personal protection according to the
terms and conditions outlined in this subsection. To be eligible to
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carry a concealed firearm w hile working and employed on municipal
property, the employee must have been issued a valid handgun license
pursuant to the provisions of the Oklahoma Self -Defense Act.
2. Carrying a firearm as authorized in this section shall not
in any way be considered a requirement for continued employment with
the municipality, municipal authority, or municipal trust.
3. When carrying a firearm pursuant to this subsection, the
employee shall at all times carry the firearm on his or her person
or the firearm shall be stored in a locked and secured location
which is permanently affixed or tethered at the expense of the
employee and with permission of the governing body. The
municipality shall not be liable for any loss, damage, or injuries
that occur in relation to or caused by the possession or storage of
a firearm under the provisions of this subsection.
4. Any municipal official or employee authorized to carry a
firearm under the provisions of this subsection, while acting in a
reasonable and prudent manner, shall n ot be subject to civil and
criminal liability for any injury resulting from the carrying,
accidental discharge or intentional discharge of a handgun on
municipal property as provided in this subsection. Any
municipality, public authority or trust with a m unicipality as a
beneficiary, city council, board of trustees or participating local
law enforcement agency shall not be subject to civil and criminal
liability for any injury, act or other suit at law or in equity
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resulting from any act, failure to act or refusal to act committed
by a municipal official or employee who carries, accidentally
discharges or intentionally discharges a handgun on property while
carrying a firearm as authorized by this subsection.
5. For purposes of this subsection, firearms ma y only be
carried by a municipal official or employee in the place of
employment of the municipal official or employee, unless the
location is a firearm -prohibited location. In addition to any
employment disciplinary actions, any person who violates the
provisions of this subsection shall be subject to the penalties
provided for in subsection F of this section. As used in this
paragraph, "firearm-prohibited location" shall include the following
locations:
a. any room, location or other public place where public
meetings or other meetings governed by the Oklahoma
Open Meeting Act occur, unless authorized by the
governing body,
b. any room, location or other place on municipally
owned, leased or maintained property designated as a
firearm-prohibited location by the municipal
government, and
c. any police department, courthouse, courtroom, prison,
jail, detention facility or any facility used to
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process, hold or house arrested persons, prisoners or
persons alleged delinquent or adjudicated delinquent.
6. Nothing in this section shall be construed as a mechanism to
allow municipal officials or employees to carry a firearm as a duty
or function of their employment with the municipality. Any act
concerning the carrying of a firearm, a refusal or failure to act
with a firearm or the accidental or intentional discharge of a
firearm shall be considered taken on the personal behalf of the
employee and not on behalf of the municipality, municipal authority
or municipal trust and shall not be considered an act performe d
within the scope of duties of the employee, nor shall it be
construed as an act by the municipality, municipal authority or
municipal trust, or any employee thereof.
J. For the purposes of this section, "motor vehicle" means any
automobile, truck, miniv an, or sports utility vehicle , or motorcycle
as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes,
equipped with a locked accessory container within or affixed to the
motorcycle.
SECTION 2. This act shall become effective Novem ber 1, 2021.
58-1-8000 AMM 03/29/21