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ENGROSSED SENATE
BILL NO. 644 By: Stephens, Hamilton,
Bullard, Bergstrom and Jett
of the Senate
and
Roberts (Sean) and McDugle
of the House
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; authorizing municipalities to allow
for the carry of concealed firearms by municipal
employees for personal protecti on; providing
eligibility requirements; providing c onditions by
which firearms shall be carried and stored; providing
immunity from civil and criminal liability under
certain circumstances; prohibiting the carrying of
firearms at firearm-prohibited locations; providing
penalty; defining term; providing con struing
provision related to the carrying of firearms by
municipal 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 Secti on 1, Chapter 235, O.S.L. 2019 (21 O.S. Supp.
2020, Section 1277), is amended t o read as follows:
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 pur suant to the
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provisions of the Oklahoma Self -Defense Act, to carry any conceale d
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, state or federa l governmental
authority for the purpose of conducting business with the public ;
2. Any courthouse, courtroom, prison, j ail, detention facility
or any facility used to process, hold or house arrested persons,
prisoners or persons alleged delinquent or adj udicated delinquent,
except as provided in Section 21 of Title 57 of the Oklaho ma
Statutes;
3. Any public or private ele mentary or public or private
secondary school, except as provided in subsections C and D of this
section;
4. Any publicly owned or ope rated sports arena or venue during
a professional sporting event, unless allowe d by the event holder;
5. Any place where gambling is authorized by law, unl ess
allowed by the property owner; and
6. Any other place specifically prohibited by law.
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,
state or federal governmental authority;
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2. Any property set aside for the use or parking of any
vehicle, whether attended o r unattended, which is open to the
public, or by any entity engaged in gambling authorized by law;
3. Any property adjacent to a struc ture, building or office
space in which concealed or unconcealed weapons are pr ohibited 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 shal l be construed to authorize any entry by a
person in possession of a conceale d or unconcealed firearm into any
structure, building or office space which is specifically prohibit ed
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 pa rking 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.
Nothing contained in any provision of this sub section or
subsection C of this section shall be construed to authorize or
allow any person in contr ol of any place described in subsection A
of this section to establish any poli cy or rule that has the effect
of prohibiting any person in lawful possession of a handgun license
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or otherwise in lawful possession of a firearm from carrying or
possessing the firearm on the property described in this subsection.
C. A concealed or uncon cealed weapon may be carried onto
private school property or in any school bu s 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 c arrying 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 priva te school
that adopts a policy which authorizes the possession of a weapon on
private school property, a school bus or vehicle used by the private
school shall be immune from liability for any injuries arising from
the adoption of the policy. The provisio ns 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 m ay adopt a policy
pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statu tes to
authorize the carrying of a handgun onto school property by school
personnel specifically d esignated by the board of education ,;
provided, such personnel either:
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1. Possess a valid armed security guard license a s 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 provided
for in Section 3311 of Title 70 of the Oklahoma Statutes.
Nothing in this subsection shall be construed to re strict authority
granted elsewhere in l aw 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 Sect ion
176 of Title 60 of the Oklahoma Statut es; or
2. A nonprofit entity,
an individual shall be allowed to carry a concealed handgun but not
openly carry a handgun on the proper ty.
F. Any person violating the provisions of paragraph 2 or 3 of
subsection A of this section shall, upon conviction, b e guilty of a
misdemeanor punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00). A person violating any other provisi on 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 pea ce officer is summoned, the person may
be issued a citation for an amount not to exceed Two Hund red Fifty
Dollars ($250.00).
G. No person in possession of a valid handgun lic ense issued
pursuant to the provisions of the Oklahoma Self-Defense Act or who
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is carrying or in possession of a firearm as otherwise permitted by
law or who is carrying or in p ossession of a machete, blackjack,
loaded cane, hand chain or metal knuckles sh all be authorized to
carry the firearm, ma chete, blackjack, loaded cane, hand ch ain 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 fo llowing 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 administra tor while
the vehicle is on any colleg e, university or technology center
school property;
2. Any property authorized for possession or use of firearms,
machetes, blackjacks, loaded canes, hand chains or metal knuc kles 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 cente r school
administrator, provided the written consent is carried with the
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firearm, machete, blackjack, loaded cane, hand c hain or metal
knuckles and the valid h andgun license while on college, university
or technology center school property.
The college, university or technology center school may notify
the Oklahoma State Bureau of In vestigation within ten (10) days of a
violation of any provision of this subsect ion 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 violate d any
provision of this subsection, th e 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 c ollege, 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 pe rson in lawful possession of a firearm,
machete, blackjack, loaded cane, hand ch ain or metal knuckles from
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 t aking
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administrative action against any student for any violation of any
provision of this subsection.
H. The provisions o f 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 employment;
2. District judges, associate district judges and special
district judges, who are in possession of a va lid handgun license
issued pursuant to the provisions of the Oklahoma Self-Defense Act
and whose names appear on a list maintained by the Administrative
Director of the Courts, when acting in the course and scope o f
employment within the courthouses of thi s state;
3. Private investigators wit h 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 pursuan t to the provisions of the
Oklahoma Self-Defense Act, may carry a concealed hand gun 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
paragraph shall not allow the el ected 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 i ssued pursuant to
the provisions of the Oklahoma Self -Defense Act, to carry a
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concealed handgun when acting in the course a nd 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 be fore
receiving authorization to carry a co ncealed handgun within the
courthouse. The provisions of this paragraph and of paragraph 6 of
this subsection shall not allow the co unty employee to carry the
handgun into a courtroom, sheriff ’s office, adult or j uvenile jail
or any other prisoner detenti on area; and
6. The board of county c ommissioners 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, by ordinance, authorize all or
certain municipal employees to carry concea led firearms, as defined
in Section 1290.2 of this title, for their personal pro tection
according to the terms and conditions outlined in this subsection.
To be eligible to carry a concealed firearm while working and
employed on a municipal property, the employee must have been issued
a valid handgun license pursuant to the provision s of the Oklahoma
Self-Defense Act.
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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 p ursuant to this subsection, the
employee shall at all times carry the firearm on his or her pers on
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 o f 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 employee authorized to ca rry a firearm under
the provisions of this subsection, while acting in a reasonable and
prudent manner, shall be immune from civil and criminal liability
for any injury resulting from the carrying, accidental discharg e or
intentional discharge of a handgu n on municipal property as provided
in this subsection. Any municipality, public authority or tru st
with a municipality as a beneficiary, city council, board of
trustees or participating local law enforcement agency , whose
authorized employee is acting in a r easonable and prudent manner,
shall be immune from civil and criminal liability for any injury,
act or other suit at law or in equity resulting from any act,
failure to act or refusal to act committed by a municipal employee
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who carries, accidenta lly discharges or intentionally discharges a
handgun on municipal property as authorized by this subsection.
5. For purposes of this subsection, firearms may only be
carried by a municipal employee in the place of employment of the
municipal employee du ring working hours, unless the location is a
firearm-prohibited location. In addition to any em ployment
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 l ocations:
a. any room, location or other public place where public
meetings or other meetings governed by the Oklahoma
Open Meeting Act occur,
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
process, hold or house arrested persons, priso ners or
persons alleged delinquent or adjudicated d elinquent.
6. Nothing in this section should be construed as a mechanism
to allow municipal employees to carry a firearm as a duty or
function of their emplo yment with the municipality. Any act
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concerning the carrying of a firearm, a refusal or failure t o act
with a firearm or the accidental or intentional discharge of a
firearm shall be considered taken on the personal behalf of the
municipal employee and no t on behalf of the municipality and shall
not be considered an act performed within the scope of d uties 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, minivan, 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 November 1, 2021.
Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives