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| 3 | + | ENGR. H. A. to ENGR. S. B. NO. 644 Page 1 1 | |
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| 28 | - | STATE OF OKLAHOMA | |
| 29 | - | ||
| 30 | - | 1st Session of the 58th Legislature (2021) | |
| 31 | - | ||
| 32 | - | CONFERENCE COMMITTEE SUBSTITUTE | |
| 33 | - | FOR ENGROSSED | |
| 34 | - | SENATE BILL 644 By: Paxton, Hamilton, Bullard, | |
| 35 | - | Bergstrom, Jett and | |
| 36 | - | Stephens of the Senate | |
| 28 | + | ENGROSSED HOUSE AMENDME NT | |
| 29 | + | TO | |
| 30 | + | ENGROSSED SENATE BILL NO . 644 By: Stephens, Hamilton, | |
| 31 | + | Bullard, Bergstrom and Jett | |
| 32 | + | of the Senate | |
| 37 | 33 | ||
| 38 | 34 | and | |
| 39 | 35 | ||
| 40 | - | Roberts (Sean) | |
| 41 | - | ||
| 36 | + | Roberts (Sean) and McDugle | |
| 37 | + | of the House | |
| 42 | 38 | ||
| 43 | 39 | ||
| 44 | 40 | ||
| 45 | - | ||
| 46 | - | CONFERENCE COMMITTEE SUBSTITUTE | |
| 47 | 41 | ||
| 48 | 42 | An Act relating to firearms; amending 21 O.S. 2011, | |
| 49 | 43 | Section 1277, as last amended by Section 1, Chapter | |
| 50 | 44 | 235, O.S.L. 2019 (21 O.S. Supp. 2020, Section 1277), | |
| 51 | 45 | which relates to the unlawful carry of firearms in | |
| 52 | 46 | certain places; authorizing municipalities to allow | |
| 53 | 47 | for the carry of concealed firearms by municipal | |
| 54 | 48 | employees for persona l protection; providing | |
| 55 | 49 | eligibility requirements; providing conditions by | |
| 56 | 50 | which firearms shall be carried and stored; providing | |
| 57 | 51 | immunity from civil and criminal liability under | |
| 58 | 52 | certain circumstances; prohibiting the carrying of | |
| 59 | 53 | firearms at firearm-prohibited locations; providing | |
| 60 | 54 | penalty; defining term; providing construing | |
| 61 | 55 | provision related to the carrying of firearms by | |
| 62 | - | municipal employees; amending 21 O.S. 2011, Section | |
| 63 | - | 1290.2, as last amended by Section 4 of Enrolled | |
| 64 | - | Senate Bill No. 106 of the 1st Session of the 58th | |
| 65 | - | Legislature (21 O.S. Supp. 2020, Section 1290.2), | |
| 66 | - | which relates to definitions; clarifying certain | |
| 67 | - | definitions; and providing an effective date . | |
| 56 | + | municipal employees; and providing an effective date. | |
| 68 | 57 | ||
| 69 | 58 | ||
| 70 | 59 | ||
| 60 | + | AUTHORS: Add the following House Coauthor s: Representative | |
| 61 | + | Gann and Representative Smith | |
| 71 | 62 | ||
| 72 | - | BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA: | |
| 63 | + | AMENDMENT NO. 1. Delete the title, enacting clause and entire bill | |
| 64 | + | and replace with: | |
| 73 | 65 | ||
| 74 | - | Req. No. 2184 Page 2 1 | |
| 66 | + | ||
| 67 | + | "An Act relating to firearms; amending 21 O.S. 2011, | |
| 68 | + | Section 1277, as last amended by Section 1, Chapter | |
| 69 | + | 235, O.S.L. 2019 (21 O.S. Supp. 2020, Section 1277), | |
| 70 | + | which relates to the unlawful carry of firearms in | |
| 71 | + | certain places; removing references to federally | |
| 72 | + | owned buildings and properties; authorizing | |
| 73 | + | municipalities to allow for the carry of concealed | |
| 74 | + | firearms by municipal officials or employees for | |
| 75 | + | ||
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| 101 | + | personal protection; providing eligibility | |
| 102 | + | requirements; providing conditions by which firearms | |
| 103 | + | shall be carried and stored; providing exemption | |
| 104 | + | from civil and criminal liability under certain | |
| 105 | + | circumstances; prohibiting the carrying of firearms | |
| 106 | + | at firearm-prohibited locations; providing penalty; | |
| 107 | + | defining term; providing construing provision | |
| 108 | + | related to the carrying of firearms by authorized | |
| 109 | + | officials or employees; and providing an effective | |
| 110 | + | date. | |
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| 117 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 99 | 118 | SECTION 1. AMENDATORY 21 O.S. 2011, Section 1277, as | |
| 100 | 119 | last amended by Section 1, Chapter 235, O.S.L. 2019 (21 O.S. Supp. | |
| 101 | 120 | 2020, Section 1277), is amended to read as follows: | |
| 102 | 121 | Section 1277. | |
| 103 | 122 | UNLAWFUL CARRY IN CERTAIN PLACES | |
| 104 | 123 | A. It shall be unlawful for any person, including a person in | |
| 105 | 124 | possession of a valid handgun license issued pursuant to the | |
| 106 | 125 | provisions of the Oklahoma Self -Defense Act, to carry any concealed | |
| 107 | 126 | or unconcealed handgun firearm into any of the following places: | |
| 108 | 127 | 1. Any structure, buil ding, or office space which is owned or | |
| 109 | - | leased by a city, town, county, state or | |
| 128 | + | leased by a city, town, county , or state or federal governmental | |
| 110 | 129 | authority for the purpose of conducting business with the public; | |
| 111 | 130 | 2. Any courthouse, courtroom, prison, jail, detention facility | |
| 112 | 131 | or any facility used to process, hold or house arrested persons, | |
| 113 | 132 | prisoners or persons alleged delinquent or adjudicated delinquent, | |
| 114 | - | except as provided in Section 21 of Title 57 of the Oklahoma | |
| 115 | - | Statutes; | |
| 116 | - | 3. Any public or private ele mentary or public or private | |
| 117 | - | secondary school, except as provided in subsections C and D of this | |
| 118 | - | section; | |
| 119 | - | 4. Any publicly owned or ope rated sports arena or venue during | |
| 120 | - | a professional sporti ng event, unless allowed by the event holder; | |
| 121 | - | 5. Any place where gambling is authorized by law, unless | |
| 122 | - | allowed by the property owner; and | |
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| 159 | + | except as provided in Section 21 of Title 57 of the Oklahoma | |
| 160 | + | Statutes; | |
| 161 | + | 3. Any public or private elementary or public or private | |
| 162 | + | secondary school, except as provided in subsections C and D of this | |
| 163 | + | section; | |
| 164 | + | 4. Any publicly owned or operated sports arena or venue during | |
| 165 | + | a professional sporting event, unless allowed by the event holder; | |
| 166 | + | 5. Any place where gambling is authorized by law, unless | |
| 167 | + | allowed by the property owner; and | |
| 149 | 168 | 6. Any other place specifically prohibited by law. | |
| 150 | 169 | B. For purposes of subsection A of this section, the prohibited | |
| 151 | 170 | place does not include and specifically excludes the following | |
| 152 | 171 | property: | |
| 153 | 172 | 1. Any property set aside for the us e or parking of any | |
| 154 | - | vehicle, whether attended or unattended, by a city, town, county, | |
| 173 | + | vehicle, whether attended or unattended, by a city, town, county , or | |
| 155 | 174 | state or federal governmental authority; | |
| 156 | 175 | 2. Any property set aside for the use or parking of any | |
| 157 | 176 | vehicle, whether attended or unattended, which is open to the | |
| 158 | 177 | public, or by any entity engaged in gambling authorized by law; | |
| 159 | 178 | 3. Any property adjacent to a structure, building or office | |
| 160 | 179 | space in which concealed or unconcealed weapons are prohibited by | |
| 161 | 180 | the provisions of this section; | |
| 162 | 181 | 4. Any property designated by a city, t own, county or state | |
| 163 | 182 | governmental authority as a park, recreational area, wildlife | |
| 164 | - | refuge, wildlife management area or fairgrounds; provided, nothing | |
| 165 | - | in this paragraph shall be construed to authorize any entry by a | |
| 166 | - | person in possession of a concealed or unconcealed firearm into any | |
| 167 | - | structure, building or office space which is specifically prohibit ed | |
| 168 | - | by the provisions of subsection A of this section; an d | |
| 169 | - | 5. Any property set aside by a public or private elementary or | |
| 170 | - | secondary school for the use or parking of any vehicle, whether | |
| 171 | - | attended or unattended; provided, however, the firearm shall be | |
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| 209 | + | refuge, wildlife management area or fairgrounds; provided, nothing | |
| 210 | + | in this paragraph shall be construed to authorize any entry by a | |
| 211 | + | person in possession of a concealed or un concealed firearm into any | |
| 212 | + | structure, building or office space which is specifically prohibited | |
| 213 | + | by the provisions of subsection A of this section; and | |
| 214 | + | 5. Any property set aside by a public or private elementary or | |
| 215 | + | secondary school for the use or parking o f any vehicle, whether | |
| 216 | + | attended or unattended; provided, however, the firearm shall be | |
| 198 | 217 | stored and hidden from view in a locked motor vehicle when the motor | |
| 199 | 218 | vehicle is left unattended on school property. | |
| 200 | 219 | Nothing contained in any provision of this subsection or | |
| 201 | 220 | subsection C of this section shall be construed to authorize or | |
| 202 | 221 | allow any person in control of any place described in subsection A | |
| 203 | 222 | of this section to establish any policy or rule that has the effect | |
| 204 | 223 | of prohibiting any person in lawful possession of a h andgun license | |
| 205 | 224 | or otherwise in lawful possession of a firearm from carrying or | |
| 206 | 225 | possessing the firearm on the property described in this subsection. | |
| 207 | 226 | C. A concealed or unconcealed weapon may be carried onto | |
| 208 | 227 | private school property or in any school bus or ve hicle used by any | |
| 209 | 228 | private school for transportation of students or teachers by a | |
| 210 | 229 | person who is licensed pursuant to the Oklahoma Self -Defense Act,; | |
| 211 | 230 | provided, a policy has been adopted by the governing entity of the | |
| 212 | 231 | private school that authorizes the carryi ng and possession of a | |
| 213 | 232 | weapon on private school property or in any school bus or vehicle | |
| 214 | - | used by a private school. Except for acts of gross negligen ce or | |
| 215 | - | willful or wanton misconduct, a governing entity of a priva te school | |
| 216 | - | that adopts a policy which authorizes the possession of a weapon on | |
| 217 | - | private school property, a school bus or vehicle used by the private | |
| 218 | - | school shall be immune from liability for an y injuries arising from | |
| 219 | - | the adoption of the policy. The provisio ns of this subsection shall | |
| 220 | - | not apply to claims pursuant to the Administrative Workers’ | |
| 221 | - | Compensation Act. | |
| 222 | 233 | ||
| 223 | - | ||
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| 259 | + | used by a private school. Except for acts of gross negligence or | |
| 260 | + | willful or wanton misconduct, a governing entity of a private school | |
| 261 | + | that adopts a policy which autho rizes the possession of a weapon on | |
| 262 | + | private school property, a school bus or vehicle used by the private | |
| 263 | + | school shall be immune from liability for any injuries arising from | |
| 264 | + | the adoption of the policy. The provisions of this subsection shall | |
| 265 | + | not apply to claims pursuant to the Administrative Workers' | |
| 266 | + | Compensation Act. | |
| 248 | 267 | D. Notwithstanding paragraph 3 of subsection A of this section, | |
| 249 | 268 | a board of education of a school district may adopt a policy | |
| 250 | 269 | pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes t o | |
| 251 | 270 | authorize the carrying of a handgun onto school property by school | |
| 252 | 271 | personnel specifically designated by the board of education ,; | |
| 253 | 272 | provided, such personnel either: | |
| 254 | 273 | 1. Possess a valid armed security guard license as provided for | |
| 255 | 274 | in Section 1750.1 et seq. o f Title 59 of the Oklahoma Statutes; or | |
| 256 | 275 | 2. Hold a valid reserve peace officer certification as provided | |
| 257 | 276 | for in Section 3311 of Title 70 of the Oklahoma Statutes. | |
| 258 | 277 | Nothing in this subsection shall be construed to restrict authority | |
| 259 | 278 | granted elsewhere in law to carry firearms. | |
| 260 | 279 | E. In any municipal zoo or park of any size that is owned, | |
| 261 | 280 | leased, operated or managed by: | |
| 262 | 281 | 1. A public trust created pursuant to the provisions of Section | |
| 263 | 282 | 176 of Title 60 of the Oklahoma Statutes; or | |
| 264 | - | 2. A nonprofit entity, | |
| 265 | - | an individual shall be allowed to carry a concealed handgun but not | |
| 266 | - | openly carry a handgun on the proper ty. | |
| 267 | - | F. Any person violating the provisions of paragraph 2 or 3 of | |
| 268 | - | subsection A of this section shall, upon conviction, b e guilty of a | |
| 269 | - | misdemeanor punishable by a fine not to exceed Two Hundred Fifty | |
| 270 | - | Dollars ($250.00). A person violating any other provisi on of | |
| 271 | - | subsection A of this section may be denied entranc e onto the | |
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| 309 | + | 2. A nonprofit entity, | |
| 310 | + | an individual shall be allowed to carry a concealed handgun but not | |
| 311 | + | openly carry a handgun on the property. | |
| 312 | + | F. Any person violating the provisions of paragraph 2 or 3 of | |
| 313 | + | subsection A of this section shall, upon conviction, be guilty of a | |
| 314 | + | misdemeanor punishable by a fine not to exceed Two Hundred Fifty | |
| 315 | + | Dollars ($250.00). A person violating any other provision of | |
| 316 | + | subsection A of this section may be denied entrance onto the | |
| 298 | 317 | property or removed from the property. If the person refuses to | |
| 299 | 318 | leave the property and a peace officer is summoned, the person may | |
| 300 | 319 | be issued a citation for an amount not to exceed Two Hundred Fifty | |
| 301 | 320 | Dollars ($250.00). | |
| 302 | 321 | G. No person in possession of a valid handgun license issued | |
| 303 | 322 | pursuant to the provisions of the Oklahoma Self -Defense Act or who | |
| 304 | 323 | is carrying or in possession of a firearm as otherwise permitted by | |
| 305 | 324 | law or who is carrying or in possession of a machete, blackjack, | |
| 306 | 325 | loaded cane, hand chain or metal knuckles shall be authorized to | |
| 307 | 326 | carry the firearm, machete, blackjack, loaded cane, hand chain or | |
| 308 | 327 | metal knuckles into or upon any college, university or technology | |
| 309 | 328 | center school property, except as provided in this subsection. For | |
| 310 | 329 | purposes of this subsection, the following property shall not be | |
| 311 | 330 | construed to be college, university or technology cent er school | |
| 312 | 331 | property: | |
| 313 | - | 1. Any property set aside for the use or parking of any motor | |
| 314 | - | vehicle, whether attended or unattended, provided the firearm, | |
| 315 | - | machete, blackjack, loaded cane, hand chain or metal knuckles are | |
| 316 | - | carried or stored as required by law and the firearm, machete, | |
| 317 | - | blackjack, loaded cane, hand chain or metal knuckles are not removed | |
| 318 | - | from the motor vehicle without the prior consent of the colle ge or | |
| 319 | - | university president or technology center school administra tor while | |
| 320 | - | the vehicle is on any colleg e, university or technology center | |
| 321 | - | school property; | |
| 322 | 332 | ||
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| 358 | + | 1. Any property set aside for the use or parking of any motor | |
| 359 | + | vehicle, whether attended or unattended, provided the firearm, | |
| 360 | + | machete, blackjack, loaded cane, hand chain or metal knuckles are | |
| 361 | + | carried or stored as required by law and the firearm, machete, | |
| 362 | + | blackjack, loaded cane, hand chain or metal knuckles are not removed | |
| 363 | + | from the motor vehicle without the prior consent of the college or | |
| 364 | + | university president or technology center school administrator while | |
| 365 | + | the vehicle is on any college, u niversity or technology center | |
| 366 | + | school property; | |
| 348 | 367 | 2. Any property authorized for possession or use of firearms, | |
| 349 | 368 | machetes, blackjacks, loaded canes, hand chains or metal knuckles by | |
| 350 | 369 | college, university or technology center school policy; and | |
| 351 | 370 | 3. Any property authorized by the written consent of the | |
| 352 | 371 | college or university president or technology center school | |
| 353 | 372 | administrator, provided the written consent is carried with the | |
| 354 | 373 | firearm, machete, blackjack, loaded cane, hand chain or metal | |
| 355 | 374 | knuckles and the valid handg un license while on college, university | |
| 356 | 375 | or technology center school property. | |
| 357 | 376 | The college, university or technology center school may notify | |
| 358 | 377 | the Oklahoma State Bureau of Investigation within ten (10) days of a | |
| 359 | 378 | violation of any provision of this subsection by a licensee. Upon | |
| 360 | 379 | receipt of a written notification of violation, the Bureau shall | |
| 361 | 380 | give a reasonable notice to the licensee and hold a hearing. At the | |
| 362 | 381 | hearing, upon a determination that the licensee has violated any | |
| 363 | - | provision of this subsection, the licensee may be subject to an | |
| 364 | - | administrative fine of Two Hundred Fifty Dollars ($250.00) and may | |
| 365 | - | have the handgun license suspended for three (3) month s. | |
| 366 | - | Nothing contained in any provision of this subsection shall be | |
| 367 | - | construed to authorize or allow any c ollege, university or | |
| 368 | - | technology center school to establish any policy or rule that has | |
| 369 | - | the effect of prohibiting any person in lawful possession of a | |
| 370 | - | handgun license or any person in lawful possession of a firearm, | |
| 371 | - | machete, blackjack, loaded cane, hand ch ain or metal knuckles from | |
| 372 | 382 | ||
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| 408 | + | provision of this subsection, the li censee may be subject to an | |
| 409 | + | administrative fine of Two Hundred Fifty Dollars ($250.00) and may | |
| 410 | + | have the handgun license suspended for three (3) months. | |
| 411 | + | Nothing contained in any provision of this subsection shall be | |
| 412 | + | construed to authorize or allow any colle ge, university or | |
| 413 | + | technology center school to establish any policy or rule that has | |
| 414 | + | the effect of prohibiting any person in lawful possession of a | |
| 415 | + | handgun license or any person in lawful possession of a firearm, | |
| 416 | + | machete, blackjack, loaded cane, hand chain or metal knuckles from | |
| 398 | 417 | possession of a firearm, machete, blackjack, loaded cane, hand chain | |
| 399 | 418 | or metal knuckles in places described in paragraphs 1, 2 and 3 of | |
| 400 | 419 | this subsection. Nothing contained in any provision of this | |
| 401 | 420 | subsection shall be construed to limi t the authority of any college, | |
| 402 | 421 | university or technology center school in this state from taking | |
| 403 | 422 | administrative action against any student for any violation of any | |
| 404 | 423 | provision of this subsection. | |
| 405 | 424 | H. The provisions of this section shall not apply to the | |
| 406 | 425 | following: | |
| 407 | 426 | 1. Any peace officer or any person authorized by law to carry a | |
| 408 | 427 | firearm in the course of employment; | |
| 409 | 428 | 2. District judges, associate district judges and special | |
| 410 | 429 | district judges, who are in possession of a valid handgun license | |
| 411 | 430 | issued pursuant to the provisions of the Oklahoma Self -Defense Act | |
| 412 | 431 | and whose names appear on a list maintained by the Administrative | |
| 413 | - | Director of the Courts, when acting in the course and scope of | |
| 414 | - | employment within the courthouses of thi s state; | |
| 415 | - | 3. Private investigators wit h a firearms authorization when | |
| 416 | - | acting in the course and scope of employment; | |
| 417 | - | 4. Elected officials of a county, who are in possession of a | |
| 418 | - | valid handgun license issued pursuant to the provisions of the | |
| 419 | - | Oklahoma Self-Defense Act, may carry a concealed hand gun when acting | |
| 420 | - | in the performance of their duties within the courthouses of the | |
| 421 | - | county in which he or she was elected. The provisions of this | |
| 422 | 432 | ||
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| 458 | + | Director of the Courts, when acting in the course and scope of | |
| 459 | + | employment within the courthouses of this state; | |
| 460 | + | 3. Private investigators with a firearms authorization when | |
| 461 | + | acting in the course and scope of employment; | |
| 462 | + | 4. Elected officials of a county, who are in possession of a | |
| 463 | + | valid handgun license issued pursuant to the provisions of the | |
| 464 | + | Oklahoma Self-Defense Act, may carry a concealed handgun when acting | |
| 465 | + | in the performance of their duties within the courthouses of the | |
| 466 | + | county in which he or she was elected. The provisions of this | |
| 448 | 467 | paragraph shall not allow the elected county official to carry the | |
| 449 | 468 | handgun into a courtroom; | |
| 450 | 469 | 5. The sheriff of any county may authorize certain employees of | |
| 451 | 470 | the county, who possess a valid handgun license issued pursuant to | |
| 452 | 471 | the provisions of the Oklahoma Self -Defense Act, to carry a | |
| 453 | 472 | concealed handgun when acting in the course and scope of employment | |
| 454 | 473 | within the courthouses in the county in which the person is | |
| 455 | 474 | employed. Nothing in the Oklahoma Self -Defense Act shall prohibit | |
| 456 | 475 | the sheriff from requiring additional instruction or training before | |
| 457 | 476 | receiving authorization to carry a concealed handgun within the | |
| 458 | 477 | courthouse. The provisions of this paragraph and of paragraph 6 of | |
| 459 | 478 | this subsection shall not allow the county employee to carry the | |
| 460 | - | handgun into a courtroom, | |
| 479 | + | handgun into a courtroom, sheriff's office, adult or juvenile jail | |
| 461 | 480 | or any other prisoner detention area; and | |
| 462 | - | 6. The board of county c ommissioners of any county may | |
| 463 | - | authorize certain employees of the county, who possess a valid | |
| 464 | - | handgun license issued pursuant to the provisions of the Ok lahoma | |
| 465 | - | Self-Defense Act, to carry a concealed handgun when acting in the | |
| 466 | - | course and scope of employment on county annex facilities or grounds | |
| 467 | - | surrounding the county courthouse. | |
| 468 | - | I. 1. Municipalities may authorize all or certain municipal | |
| 469 | - | employees to carry concealed firearms, as defined in Section 1290.2 | |
| 470 | - | of this title, for their personal pro tection according to the terms | |
| 471 | - | and conditions outlined in this subsection. To be eligible to c arry | |
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| 498 | - | a concealed firearm while working and employed on a m unicipal | |
| 499 | - | property, the employee must have been issued a valid han dgun license | |
| 500 | - | pursuant to the provision s of the Oklahoma Self-Defense Act and | |
| 501 | - | successfully completed any additional training or requirements as | |
| 502 | - | established by ordinance. | |
| 507 | + | 6. The board of county commi ssioners of any county may | |
| 508 | + | authorize certain employees of the county, who possess a valid | |
| 509 | + | handgun license issued pursuant to the provisions of the Oklahoma | |
| 510 | + | Self-Defense Act, to carry a concealed handgun when acting in the | |
| 511 | + | course and scope of employment on county annex facilities or grounds | |
| 512 | + | surrounding the county courthouse. | |
| 513 | + | I. 1. Municipalities may, by ordinance or resolution, | |
| 514 | + | authorize all or certain municipal officials or employees to carry | |
| 515 | + | concealed firearms for their personal protection according to t he | |
| 516 | + | terms and conditions outlined in this subsection. To be eligible to | |
| 517 | + | carry a concealed firearm under the terms of this section , the | |
| 518 | + | municipal officer or employee must have been issued a valid handgun | |
| 519 | + | license pursuant to the provisions of the Oklahoma S elf-Defense Act | |
| 520 | + | and successfully completed any additional training or requirements | |
| 521 | + | as established by ordinance or resolution . | |
| 503 | 522 | 2. Carrying a firearm as authorized in this section shall not | |
| 504 | 523 | in any way be considered a requirement for continued employment wit h | |
| 505 | 524 | the municipality, municipal authority or municipal trust. | |
| 506 | 525 | 3. When carrying a firearm pursuant to this subsection, the | |
| 507 | 526 | employee shall at all times carry the firearm on his or her person | |
| 508 | 527 | or the firearm shall be stored in a locked and secured location | |
| 509 | 528 | which is permanently affixed or tethered at the expense of the | |
| 510 | 529 | employee and with permission of the governing body. The | |
| 511 | 530 | municipality shall not be liable for any loss, damage or injuries | |
| 512 | - | that occur in relation to or caused by the possession or stor age of | |
| 513 | - | a firearm under the provisions of this subsection. | |
| 514 | - | 4. Any municipal employee authorized to carry a firearm under | |
| 515 | - | the provisions of this subsection, while acting in a reasonable and | |
| 516 | - | prudent manner, shall be immune from civil and criminal liability | |
| 517 | - | for any injury resulting from the carrying, accidental discharg e or | |
| 518 | - | intentional discharge of a handgun on municipal property as provided | |
| 519 | - | in this subsection. Any municipality, public authority or trust | |
| 520 | - | with a municipality as a beneficiary, city council, boa rd of | |
| 521 | - | trustees or participating local law enforcement agency , whose | |
| 522 | 531 | ||
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| 548 | - | authorized employee is acting in a r easonable and prudent manner, | |
| 549 | - | shall be immune from civil and criminal liability for any injury, | |
| 550 | - | act or other suit at law or in equity resulting from any act, | |
| 551 | - | failure to act or refusal to act committed by a municipal employee | |
| 552 | - | who carries, accidentally discharges or intentionally discharges a | |
| 553 | - | handgun in the place of employme nt as authorized by this subsection. | |
| 554 | - | 5. For purposes of this subsection, firearms may on ly be | |
| 555 | - | carried by a municipal employee in the place of employment of the | |
| 556 | - | municipal employee during working hours, unless the location is a | |
| 557 | - | firearm-prohibited location. In addition to any employment | |
| 558 | - | disciplinary actions, any person who violates the provisio ns of this | |
| 559 | - | subsection shall be subject to the penalties provided for in | |
| 560 | - | subsection F of this section. As used in this paragraph, “firearm- | |
| 561 | - | prohibited location” shall include the following locations: | |
| 562 | - | a. any room, location or other public place where public | |
| 563 | - | meetings or other meetings governed by the Oklahoma | |
| 564 | - | Open Meeting Act occur, | |
| 565 | - | b. any room, location or other place on municipally | |
| 566 | - | owned, leased or maintained property designated as a | |
| 567 | - | firearm-prohibited location by the municipal | |
| 568 | - | government, and | |
| 569 | - | c. any police department, courthouse, courtroom, prison, | |
| 570 | - | jail, detention facility or any facility used to | |
| 557 | + | that occur in relation to or caused by the possession or storage of | |
| 558 | + | a firearm under the provisions of this subsection. | |
| 559 | + | 4. Any municipality, public authority or trust with a | |
| 560 | + | municipality as a beneficiary, city council, board of trustees or | |
| 561 | + | participating local law enforcement agency shall not be subject to | |
| 562 | + | civil or criminal liability for any injury, act or other suit at law | |
| 563 | + | or in equity resulting from any act, failure to act or refusal to | |
| 564 | + | act committed by a municipal official or employee who carries, | |
| 565 | + | accidentally discharges or intentionally discharges a handgun on | |
| 566 | + | property while carrying a firearm as authorized by this subsection. | |
| 567 | + | J. For purposes of subsection s H and I of this section , | |
| 568 | + | firearms may only be carried by an authorized official or employee | |
| 569 | + | in the place of employment of the authorized official or employee, | |
| 570 | + | unless the location is a firearm-prohibited location. In addition | |
| 571 | + | to any employment disciplinary actions, any person who violates the | |
| 572 | + | provisions of this subsection shall be subject to the penalties | |
| 573 | + | provided for in subsection F of this sec tion. As used in this | |
| 574 | + | subsection, "firearm-prohibited location" shall include the | |
| 575 | + | following locations: | |
| 576 | + | 1. Any room, location or other public place where public | |
| 577 | + | meetings or other meetings governed by the Oklahoma Open Meeting Act | |
| 578 | + | occur, unless authorized by the governing body ; | |
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| 597 | - | process, hold or house arrested persons, priso ners or | |
| 598 | - | persons alleged delinquent or adjudicated delinquent. | |
| 599 | - | 6. Nothing in this section should be construed as a mec hanism | |
| 600 | - | to allow municipal employees to carry a firearm as a duty or | |
| 601 | - | function of their employment with the municipality. Any act | |
| 602 | - | concerning the carrying of a firearm, a refusal or failure to act | |
| 603 | - | with a firearm or the accidental or intentional discharge of a | |
| 604 | - | firearm shall be considered taken on the personal behalf of the | |
| 605 | - | municipal employee and not on behalf of the municipality and shall | |
| 606 | - | not be considered an act performed within the scope of duties of the | |
| 607 | - | employee, nor shall it be construed as an act by the m unicipality, | |
| 608 | - | municipal authority or municipal trust, or any employee thereof. | |
| 609 | - | J. For the purposes of this section, “motor vehicle” means any | |
| 605 | + | 2. Any room, location or other place on municipally owned, | |
| 606 | + | leased or maintained property designated as a firearm -prohibited | |
| 607 | + | location by the municipal government; and | |
| 608 | + | 3. Any police department, courthouse, courtroom, prison, jail, | |
| 609 | + | detention facility or any facili ty used to process, hold or house | |
| 610 | + | arrested persons, prisoners or persons alleged delinquent or | |
| 611 | + | adjudicated delinquent. | |
| 612 | + | K. Nothing in this section shall be construed as a mechanism to | |
| 613 | + | allow authorized officials or employees to carry a firearm as a duty | |
| 614 | + | or function of their employment. Any act concerning the carrying of | |
| 615 | + | a firearm, a refusal or failure to act with a firearm or the | |
| 616 | + | accidental or intentional discharge of a firearm shall be considered | |
| 617 | + | taken on the personal behalf of the authorized official or employee | |
| 618 | + | and not on behalf of the county, municipality, municipal authority | |
| 619 | + | or municipal trust and shall not be considered an act performed | |
| 620 | + | within the scope of duties of the authorized official or employee, | |
| 621 | + | nor shall it be construed as an act by the county, municipality, | |
| 622 | + | municipal authority or municipal trust, or any authorized official | |
| 623 | + | or employee thereof. | |
| 624 | + | L. For the purposes of this section, "motor vehicle" means any | |
| 610 | 625 | automobile, truck, minivan , or sports utility vehicle , or motorcycle | |
| 611 | 626 | as defined in Sectio n 1-135 of Title 47 of the Oklahoma Statutes, | |
| 612 | 627 | equipped with a locked accessory container within or affixed to the | |
| 613 | 628 | motorcycle. | |
| 614 | - | SECTION 2. AMENDATORY 21 O .S. 2011, Section 1290.2, as | |
| 615 | - | last amended by Section 4 of Enrolled Senate Bill No. 106 of the 1st | |
| 616 | - | Session of the 58th Legislature (21 O.S. Supp. 2020, Section | |
| 617 | - | 1290.2), is amended to read as follows: | |
| 618 | - | Section 1290.2. | |
| 619 | - | DEFINITIONS | |
| 620 | - | A. As used in the Oklahoma Self -Defense Act: | |
| 621 | 629 | ||
| 622 | - | ||
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| 647 | - | 1. “Completed application ” means all fields are completed, all | |
| 648 | - | questions are answered and the required signatures are present on | |
| 649 | - | the application for a handgun license , and the required documents | |
| 650 | - | are attached to the application, including legible finger prints, if | |
| 651 | - | applicable; | |
| 652 | - | 2. “Concealed handgun firearm” means a loaded or unloaded | |
| 653 | - | pistol or handgun firearm, not openly visible to the ordinary | |
| 654 | - | observation of a reasonable person; | |
| 655 | - | 3. “Unconcealed handgun firearm” or “open carry” means a loaded | |
| 656 | - | or unloaded pistol or handgun firearm that is not held i n the hand, | |
| 657 | - | but rather is carried upon the person in a holster where the firearm | |
| 658 | - | is visible, or carried upon the person using a scabbard, or sling in | |
| 659 | - | a general vertical position where the barrel of t he firearm is | |
| 660 | - | safely pointed in an up or down direction, or in a case designed for | |
| 661 | - | carrying firearms. The provisions of this para graph shall not apply | |
| 662 | - | while lawfully at a gun range, wh ile lawfully hunting, while | |
| 663 | - | lawfully shooting a firearm or during an act of self -defense; and | |
| 664 | - | 4. “Pistol” or “handgun” shall have the same definition as | |
| 665 | - | provided in the Oklahoma Firearms Act of 1971, defined in Section | |
| 666 | - | 1289.3 of this title; | |
| 667 | - | 5. “Rifle” shall have the same definition as prov ided in | |
| 668 | - | Section 1289.4 of this title; and | |
| 669 | - | 6. “Shotgun” shall have the same definition as provided in | |
| 670 | - | Section 1289.5 of this t itle. | |
| 655 | + | SECTION 2. This act shall become effective November 1, 2021. " | |
| 656 | + | Passed the House of Representatives the 20th day of April, 2021. | |
| 671 | 657 | ||
| 672 | - | Req. No. 2184 Page 14 1 | |
| 658 | + | ||
| 659 | + | ||
| 660 | + | ||
| 661 | + | ||
| 662 | + | Presiding Officer of the House of | |
| 663 | + | Representatives | |
| 664 | + | ||
| 665 | + | ||
| 666 | + | Passed the Senate the ____ day of __________, 2021. | |
| 667 | + | ||
| 668 | + | ||
| 669 | + | ||
| 670 | + | ||
| 671 | + | ||
| 672 | + | Presiding Officer of the Senate | |
| 673 | + | ||
| 674 | + | ||
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| 697 | - | B. The definition of pistol or handgun for purposes of the | |
| 698 | - | Oklahoma Self-Defense Act shall not a pply to imitation pistols, | |
| 699 | - | flare guns, underwater fishing guns or blank pis tols. | |
| 700 | - | C. Pistols, handguns, rifles, shotguns and all other lawful | |
| 701 | - | firearms mentioned in the Oklahoma Self-Defense Act may collectively | |
| 702 | - | be referred to as “firearms”. | |
| 703 | - | SECTION 3. This act shall become effective November 1, 2021. | |
| 700 | + | ENGROSSED SENATE | |
| 701 | + | BILL NO. 644 By: Stephens, Hamilton, | |
| 702 | + | Bullard, Bergstrom and Jett | |
| 703 | + | of the Senate | |
| 704 | 704 | ||
| 705 | - | 58-1-2184 BG 5/26/2021 12:53:00 PM | |
| 705 | + | and | |
| 706 | + | ||
| 707 | + | Roberts (Sean) and McDugle | |
| 708 | + | of the House | |
| 709 | + | ||
| 710 | + | ||
| 711 | + | ||
| 712 | + | An Act relating to firearms; amending 21 O.S. 2011, | |
| 713 | + | Section 1277, as last amended by Section 1, Chapter | |
| 714 | + | 235, O.S.L. 2019 (21 O.S. Supp. 2020, Section 1277), | |
| 715 | + | which relates to the unlawful carry of f irearms in | |
| 716 | + | certain places; authorizing municipalities to allow | |
| 717 | + | for the carry of concealed firearms by municipal | |
| 718 | + | employees for personal protection; providing | |
| 719 | + | eligibility requirements; providing conditions by | |
| 720 | + | which firearms shall be carried and stored; provi ding | |
| 721 | + | immunity from civil and criminal liability under | |
| 722 | + | certain circumstances; prohibiting the carrying of | |
| 723 | + | firearms at firearm-prohibited locations; providing | |
| 724 | + | penalty; defining term; providing construing | |
| 725 | + | provision related to the carrying of firearms by | |
| 726 | + | municipal employees; and providing an effective date. | |
| 727 | + | ||
| 728 | + | ||
| 729 | + | ||
| 730 | + | ||
| 731 | + | ||
| 732 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 733 | + | SECTION 3. AMENDATORY 21 O.S. 2011, Section 1277, as | |
| 734 | + | last amended by Section 1, Chapter 235, O.S.L. 2019 (21 O.S. Supp. | |
| 735 | + | 2020, Section 1277), is amended to read as follows: | |
| 736 | + | Section 1277. | |
| 737 | + | UNLAWFUL CARRY IN CERTAIN PLACES | |
| 738 | + | A. It shall be unlawful for any person , including a person in | |
| 739 | + | possession of a valid handgun license issued pursuant to the | |
| 740 | + | ||
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| 765 | + | ||
| 766 | + | provisions of the Oklahoma Self -Defense Act, to carry any concealed | |
| 767 | + | or unconcealed handgun firearm into any of the following places: | |
| 768 | + | 1. Any structure, building , or office space which is owned or | |
| 769 | + | leased by a city, town, county, state or federal governmental | |
| 770 | + | authority for the purpose of cond ucting business with the public; | |
| 771 | + | 2. Any courthouse, courtroom, prison, jail, detention facility | |
| 772 | + | or any facility used to process, hold or house arrested persons, | |
| 773 | + | prisoners or persons alleged delinquent or adjudicated delinquent, | |
| 774 | + | except as provided in Secti on 21 of Title 57 of the Oklahoma | |
| 775 | + | Statutes; | |
| 776 | + | 3. Any public or private elementary or public or private | |
| 777 | + | secondary school, except as provided in subsections C and D of this | |
| 778 | + | section; | |
| 779 | + | 4. Any publicly owned or operated sports arena or venue during | |
| 780 | + | a professional sporting event, unless allowed by the event holder; | |
| 781 | + | 5. Any place where gambling is authorized by law, unless | |
| 782 | + | allowed by the property owner; and | |
| 783 | + | 6. Any other place specifically prohibited by law. | |
| 784 | + | B. For purposes of subsection A of this section, the pro hibited | |
| 785 | + | place does not include and specifically excludes the following | |
| 786 | + | property: | |
| 787 | + | 1. Any property set aside for the use or parking of any | |
| 788 | + | vehicle, whether attended or unattended, by a city, town, county, | |
| 789 | + | state or federal governmental authority; | |
| 790 | + | ||
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| 816 | + | 2. Any property set aside for the use or parking of any | |
| 817 | + | vehicle, whether attended or unattended, which is open to the | |
| 818 | + | public, or by any entity engaged in gambling authorized by law; | |
| 819 | + | 3. Any property adjacent to a structure, building or office | |
| 820 | + | space in which conceale d or unconcealed weapons are prohibited by | |
| 821 | + | the provisions of this section; | |
| 822 | + | 4. Any property designated by a city, town, county or state | |
| 823 | + | governmental authority as a park, recreational area, wildlife | |
| 824 | + | refuge, wildlife management area or fairgrounds; provided, nothing | |
| 825 | + | in this paragraph shall be construed to authorize any entry by a | |
| 826 | + | person in possession of a concealed or unconcealed firearm into any | |
| 827 | + | structure, building or office space which is specifically prohibited | |
| 828 | + | by the provisions of subsection A of this sec tion; and | |
| 829 | + | 5. Any property set aside by a public or private elementary or | |
| 830 | + | secondary school for the use or parking of any vehicle, whether | |
| 831 | + | attended or unattended; provided, however, the firearm shall be | |
| 832 | + | stored and hidden from view in a locked motor vehicle when the motor | |
| 833 | + | vehicle is left unattended on school property. | |
| 834 | + | Nothing contained in any provision of this subsection or | |
| 835 | + | subsection C of this section shall be construed to authorize or | |
| 836 | + | allow any person in control of any place described in subsection A | |
| 837 | + | of this section to establish any policy or rule that has the effect | |
| 838 | + | of prohibiting any person in lawful possession of a handgun license | |
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| 865 | + | or otherwise in lawful possession of a firearm from carrying or | |
| 866 | + | possessing the firearm on the property described in this subse ction. | |
| 867 | + | C. A concealed or unconcealed weapon may be carried onto | |
| 868 | + | private school property or in any school bus or vehicle used by any | |
| 869 | + | private school for transportation of students or teachers by a | |
| 870 | + | person who is licensed pursuant to the Oklahoma Self -Defense Act,; | |
| 871 | + | provided, a policy has been adopted by the governing entity of the | |
| 872 | + | private school that authorizes the carrying and possession of a | |
| 873 | + | weapon on private school property or in any school bus or vehicle | |
| 874 | + | used by a private school. Except for acts of gross negligence or | |
| 875 | + | willful or wanton misconduct, a governing entity of a private school | |
| 876 | + | that adopts a policy which authorizes the possession of a weapon on | |
| 877 | + | private school property, a school bus or vehicle used by the private | |
| 878 | + | school shall be immune from liabilit y for any injuries arising from | |
| 879 | + | the adoption of the policy. The provisions of this subsection shall | |
| 880 | + | not apply to claims pursuant to the Administrative Workers’ | |
| 881 | + | Compensation Act. | |
| 882 | + | D. Notwithstanding paragraph 3 of subsection A of this section, | |
| 883 | + | a board of education of a school district may adopt a policy | |
| 884 | + | pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to | |
| 885 | + | authorize the carrying of a handgun onto school property by school | |
| 886 | + | personnel specifically designated by the board of education ,; | |
| 887 | + | provided, such personnel either: | |
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| 914 | + | 1. Possess a valid armed security guard license as provided for | |
| 915 | + | in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or | |
| 916 | + | 2. Hold a valid reserve peace officer certification as provided | |
| 917 | + | for in Section 3311 of Title 70 of t he Oklahoma Statutes. | |
| 918 | + | Nothing in this subsection shall be construed to restrict authority | |
| 919 | + | granted elsewhere in law to carry firearms. | |
| 920 | + | E. In any municipal zoo or park of any size that is owned, | |
| 921 | + | leased, operated or managed by: | |
| 922 | + | 1. A public trust created pur suant to the provisions of Section | |
| 923 | + | 176 of Title 60 of the Oklahoma Statutes; or | |
| 924 | + | 2. A nonprofit entity, | |
| 925 | + | an individual shall be allowed to carry a concealed handgun but not | |
| 926 | + | openly carry a handgun on the property. | |
| 927 | + | F. Any person violating the provisions of p aragraph 2 or 3 of | |
| 928 | + | subsection A of this section shall, upon conviction, be guilty of a | |
| 929 | + | misdemeanor punishable by a fine not to exceed Two Hundred Fifty | |
| 930 | + | Dollars ($250.00). A person violating any other provision of | |
| 931 | + | subsection A of this section may be denied entrance onto the | |
| 932 | + | property or removed from the property. If the person refuses to | |
| 933 | + | leave the property and a peace officer is summoned, the person may | |
| 934 | + | be issued a citation for an amount not to exceed Two Hundred Fifty | |
| 935 | + | Dollars ($250.00). | |
| 936 | + | G. No person in possession of a valid handgun license issued | |
| 937 | + | pursuant to the provisions of the Oklahoma Self -Defense Act or who | |
| 938 | + | ||
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| 964 | + | is carrying or in possession of a firearm as otherwise permitted by | |
| 965 | + | law or who is carrying or in possession of a machete, blackjack, | |
| 966 | + | loaded cane, hand chain or metal knuckles shall be authorized to | |
| 967 | + | carry the firearm, machete, blackjack, loaded cane, hand chain or | |
| 968 | + | metal knuckles into or upon any college, university or technology | |
| 969 | + | center school property, except as provided in this subsection. For | |
| 970 | + | purposes of this subsection, the following property shall not be | |
| 971 | + | construed to be college, university or technology center school | |
| 972 | + | property: | |
| 973 | + | 1. Any property set aside for the use or parking of any motor | |
| 974 | + | vehicle, whether attended or unattended, provided the fire arm, | |
| 975 | + | machete, blackjack, loaded cane, hand chain or metal knuckles are | |
| 976 | + | carried or stored as required by law and the firearm, machete, | |
| 977 | + | blackjack, loaded cane, hand chain or metal knuckles are not removed | |
| 978 | + | from the motor vehicle without the prior consent of t he college or | |
| 979 | + | university president or technology center school administrator while | |
| 980 | + | the vehicle is on any college, university or technology center | |
| 981 | + | school property; | |
| 982 | + | 2. Any property authorized for possession or use of firearms, | |
| 983 | + | machetes, blackjacks, loaded c anes, hand chains or metal knuckles by | |
| 984 | + | college, university or technology center school policy; and | |
| 985 | + | 3. Any property authorized by the written consent of the | |
| 986 | + | college or university president or technology center school | |
| 987 | + | administrator, provided the written con sent is carried with the | |
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| 1014 | + | firearm, machete, blackjack, loaded cane, hand chain or metal | |
| 1015 | + | knuckles and the valid handgun license while on college, university | |
| 1016 | + | or technology center school property. | |
| 1017 | + | The college, university or technology center school may notify | |
| 1018 | + | the Oklahoma State Bureau of Investigation within ten (10) days of a | |
| 1019 | + | violation of any provision of this subsection by a licensee. Upon | |
| 1020 | + | receipt of a written notification of violation, the Bureau shall | |
| 1021 | + | give a reasonable notice to the licensee and hold a hea ring. At the | |
| 1022 | + | hearing, upon a determination that the licensee has violated any | |
| 1023 | + | provision of this subsection, the licensee may be subject to an | |
| 1024 | + | administrative fine of Two Hundred Fifty Dollars ($250.00) and may | |
| 1025 | + | have the handgun license suspended for three ( 3) months. | |
| 1026 | + | Nothing contained in any provision of this subsection shall be | |
| 1027 | + | construed to authorize or allow any college, university or | |
| 1028 | + | technology center school to establish any policy or rule that has | |
| 1029 | + | the effect of prohibiting any person in lawful possession of a | |
| 1030 | + | handgun license or any person in lawful possession of a firearm, | |
| 1031 | + | machete, blackjack, loaded cane, hand chain or metal knuckles from | |
| 1032 | + | possession of a firearm, machete, blackjack, loaded cane, hand chain | |
| 1033 | + | or metal knuckles in places described in paragrap hs 1, 2 and 3 of | |
| 1034 | + | this subsection. Nothing contained in any provision of this | |
| 1035 | + | subsection shall be construed to limit the authority of any college, | |
| 1036 | + | university or technology center school in this state from taking | |
| 1037 | + | ||
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| 1063 | + | administrative action against any student fo r any violation of any | |
| 1064 | + | provision of this subsection. | |
| 1065 | + | H. The provisions of this section shall not apply to the | |
| 1066 | + | following: | |
| 1067 | + | 1. Any peace officer or any person authorized by law to carry a | |
| 1068 | + | firearm in the course of employment; | |
| 1069 | + | 2. District judges, associate d istrict judges and special | |
| 1070 | + | district judges, who are in possession of a valid handgun license | |
| 1071 | + | issued pursuant to the provisions of the Oklahoma Self -Defense Act | |
| 1072 | + | and whose names appear on a list maintained by the Administrative | |
| 1073 | + | Director of the Courts, when a cting in the course and scope of | |
| 1074 | + | employment within the courthouses of this state; | |
| 1075 | + | 3. Private investigators with a firearms authorization when | |
| 1076 | + | acting in the course and scope of employment; | |
| 1077 | + | 4. Elected officials of a county, who are in possession of a | |
| 1078 | + | valid handgun license issued pursuant to the provisions of the | |
| 1079 | + | Oklahoma Self-Defense Act, may carry a concealed handgun when acting | |
| 1080 | + | in the performance of their duties within the courthouses of the | |
| 1081 | + | county in which he or she was elected. The provisions of this | |
| 1082 | + | paragraph shall not allow the elected county official to carry the | |
| 1083 | + | handgun into a courtroom; | |
| 1084 | + | 5. The sheriff of any county may authorize certain employees of | |
| 1085 | + | the county, who possess a valid handgun license issued pursuant to | |
| 1086 | + | the provisions of the Oklahoma S elf-Defense Act, to carry a | |
| 1087 | + | ||
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| 1113 | + | concealed handgun when acting in the course and scope of employment | |
| 1114 | + | within the courthouses in the county in which the person is | |
| 1115 | + | employed. Nothing in the Oklahoma Self -Defense Act shall prohibit | |
| 1116 | + | the sheriff from requiring additi onal instruction or training before | |
| 1117 | + | receiving authorization to carry a concealed handgun within the | |
| 1118 | + | courthouse. The provisions of this paragraph and of paragraph 6 of | |
| 1119 | + | this subsection shall not allow the county employee to carry the | |
| 1120 | + | handgun into a courtroo m, sheriff’s office, adult or juvenile jail | |
| 1121 | + | or any other prisoner detention area; and | |
| 1122 | + | 6. The board of county commissioners of any county may | |
| 1123 | + | authorize certain employees of the county, who possess a valid | |
| 1124 | + | handgun license issued pursuant to the provisions o f the Oklahoma | |
| 1125 | + | Self-Defense Act, to carry a concealed handgun when acting in the | |
| 1126 | + | course and scope of employment on county annex facilities or grounds | |
| 1127 | + | surrounding the county courthouse. | |
| 1128 | + | I. 1. Municipalities may, by ordinance, authorize all or | |
| 1129 | + | certain municipal employees to carry concealed firearms, as defined | |
| 1130 | + | in Section 1290.2 of this title, for their personal protection | |
| 1131 | + | according to the terms and conditions outlined in this subsection. | |
| 1132 | + | To be eligible to carry a concealed firearm while working and | |
| 1133 | + | employed on a municipal property, the employee must have been issued | |
| 1134 | + | a valid handgun license pursuant to the provisions of the Oklahoma | |
| 1135 | + | Self-Defense Act. | |
| 1136 | + | ||
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| 1162 | + | 2. Carrying a firearm as authorized in this section shall not | |
| 1163 | + | in any way be considered a requirement for con tinued employment with | |
| 1164 | + | the municipality, municipal authority or municipal trust. | |
| 1165 | + | 3. When carrying a firearm pursuant to this subsection, the | |
| 1166 | + | employee shall at all times carry the firearm on his or her person | |
| 1167 | + | or the firearm shall be stored in a locked and secured location | |
| 1168 | + | which is permanently affixed or tethered at the expense of the | |
| 1169 | + | employee and with permission of the governing body. The | |
| 1170 | + | municipality shall not be liable for any loss, damage or injuries | |
| 1171 | + | that occur in relation to or caused by the possession or storage of | |
| 1172 | + | a firearm under the provisions of this subsection. | |
| 1173 | + | 4. Any municipal employee authorized to carry a firearm under | |
| 1174 | + | the provisions of this subsection, while acting in a reasonable and | |
| 1175 | + | prudent manner, shall be immune from civil and criminal lia bility | |
| 1176 | + | for any injury resulting from the carrying, accidental discharge or | |
| 1177 | + | intentional discharge of a handgun on municipal property as provided | |
| 1178 | + | in this subsection. Any municipality, public authority or trust | |
| 1179 | + | with a municipality as a beneficiary, city coun cil, board of | |
| 1180 | + | trustees or participating local law enforcement agency, whose | |
| 1181 | + | authorized employee is acting in a reasonable and prudent manner, | |
| 1182 | + | shall be immune from civil and criminal liability for any injury, | |
| 1183 | + | act or other suit at law or in equity resulting from any act, | |
| 1184 | + | failure to act or refusal to act committed by a municipal employee | |
| 1185 | + | ||
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| 1211 | + | who carries, accidentally discharges or intentionally discharges a | |
| 1212 | + | handgun on municipal property as authorized by this subsection. | |
| 1213 | + | 5. For purposes of this subsection, firearm s may only be | |
| 1214 | + | carried by a municipal employee in the place of employment of the | |
| 1215 | + | municipal employee during working hours, unless the location is a | |
| 1216 | + | firearm-prohibited location. In addition to any employment | |
| 1217 | + | disciplinary actions, any person who violates the provisions of this | |
| 1218 | + | subsection shall be subject to the penalties provided for in | |
| 1219 | + | subsection F of this section. As used in this paragraph, “firearm - | |
| 1220 | + | prohibited location” shall include the following locations: | |
| 1221 | + | a. any room, location or other public place where public | |
| 1222 | + | meetings or other meetings governed by the Oklahoma | |
| 1223 | + | Open Meeting Act occur, | |
| 1224 | + | b. any room, location or other place on municipally | |
| 1225 | + | owned, leased or maintained property designated as a | |
| 1226 | + | firearm-prohibited location by the municipal | |
| 1227 | + | government, and | |
| 1228 | + | c. any police department, courthouse, courtroom, prison, | |
| 1229 | + | jail, detention facility or any facility used to | |
| 1230 | + | process, hold or house arrested persons, prisoners or | |
| 1231 | + | persons alleged delinquent or adjudicated delinquent. | |
| 1232 | + | 6. Nothing in this section should be construed as a mechanism | |
| 1233 | + | to allow municipal employees to carry a firearm as a duty or | |
| 1234 | + | function of their employment with the municipality. Any act | |
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| 1261 | + | concerning the carrying of a firearm, a refusal or failure to act | |
| 1262 | + | with a firearm or the accidental or intentional disch arge of a | |
| 1263 | + | firearm shall be considered taken on the personal behalf of the | |
| 1264 | + | municipal employee and not on behalf of the municipality and shall | |
| 1265 | + | not be considered an act performed within the scope of duties of the | |
| 1266 | + | employee, nor shall it be construed as an act by the municipality, | |
| 1267 | + | municipal authority or municipal trust, or any employee thereof. | |
| 1268 | + | J. For the purposes of this section, “motor vehicle” means any | |
| 1269 | + | automobile, truck, minivan , or sports utility vehicle , or motorcycle | |
| 1270 | + | as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes, | |
| 1271 | + | equipped with a locked accessory container within or affixed to the | |
| 1272 | + | motorcycle. | |
| 1273 | + | SECTION 4. This act shall become effective November 1, 2021. | |
| 1274 | + | Passed the Senate the 9th day of March, 2021. | |
| 1275 | + | ||
| 1276 | + | ||
| 1277 | + | ||
| 1278 | + | Presiding Officer of the Senate | |
| 1279 | + | ||
| 1280 | + | ||
| 1281 | + | Passed the House of Representatives the ____ day of __________, | |
| 1282 | + | 2021. | |
| 1283 | + | ||
| 1284 | + | ||
| 1285 | + | ||
| 1286 | + | Presiding Officer of the House | |
| 1287 | + | of Representatives | |
| 1288 | + | ||
| 1289 | + |