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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 644 By: Paxton, Hamilton, Bullard,
Bergstrom, Jett and
Stephens of the Senate
and
Roberts (Sean), McDugle,
Gann and Smith of the House
CONFERENCE 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 fir earms 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; providi ng
immunity from civil and criminal liability under
certain circumstances; prohi biting 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; amending 21 O.S. 2011, Section
1290.2, as last amended by Section 4 of Enrolled
Senate Bill No. 106 of the 1st Session of the 58th
Legislature (21 O.S. Supp. 2020, Section 1290.2),
which relates to definitions; clarifying certain
definitions; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
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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 to 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
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, state or federa l governmental
authority for the purpose of conducting b usiness 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 Oklahoma
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 sporti ng event, unless allowed by the event holder;
5. Any place where gambling is authorized by law, unless
allowed by the property owner; and
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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;
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 unc oncealed 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 prohibit ed
by the provisions of subsection A of this section; an d
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
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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 subsection 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 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 firearm 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 negligen ce 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 an y 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.
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D. Notwithstanding paragraph 3 of subsection A of this section,
a board of education of a school district may adopt a policy
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 d esignated by the board of education ,;
provided, such personnel either:
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 Oklah oma 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 Section
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 entranc e onto the
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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 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 p ossession of a machete, blackjack,
loaded cane, hand cha in or metal knuckles shall 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 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 colle ge or
university president or technology center school administra tor while
the vehicle is on any colleg e, university or technology center
school property;
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2. Any property authorized for possession or use of firearms,
machetes, blackjacks, loaded canes, ha nd 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 cente r school
administrator, provided the written consent is carried with the
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 Investigation 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. A t the
hearing, upon a determination that the licensee has violate d 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) month s.
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 person in lawful possession of a firearm,
machete, blackjack, loaded cane, hand ch ain 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 t aking
administrative action against any student for any vi olation 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 of
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 pursuant 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
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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 i ssued pursuant to
the provisions of the Oklahoma Self -Defense Act, to carry a
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 ins truction or training before
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, sheri ff’s office, adult or juvenile 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 Ok lahoma
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 authorize all or certain municipal
employees to carry concealed 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 c arry
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a concealed firearm while working and employed on a m unicipal
property, the employee must have been issued a valid han dgun license
pursuant to the provision s of the Oklahoma Self-Defense Act and
successfully completed any additional training or requirements as
established by ordinance.
2. Carrying a firearm as authorized in this section shall not
in any way be considered a requirement for continued e mployment 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 stor age of
a firearm under the provisions of this subsection.
4. Any municipal employee authorized to carry 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 handgun on municipal property as provided
in this subsection. Any municipality, public authority or trust
with a municipality as a beneficiary, city council, boa rd of
trustees or participating local law enforcement agency , whose
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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
who carries, accidentally discharges or intentionally discharges a
handgun in the place of employme nt as authorized by this subsection.
5. For purposes of this subsection, firearms may on ly be
carried by a municipal employee in the place of employment of the
municipal employee during working hours, unless the location is a
firearm-prohibited location. In addition to any employment
disciplinary actions, any person who violates the provisio ns 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,
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, priso ners or
persons alleged delinquent or adjudicated delinquent.
6. Nothing in this section should be construed as a mec hanism
to allow municipal 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
municipal employee and not on behalf of the municipality and shall
not be considered an act performed within the scope of duties of the
employee, nor shall it be construed as an act by the m unicipality,
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 th e Oklahoma Statutes,
equipped with a locked accessory container within or affixed t o the
motorcycle.
SECTION 2. AMENDATORY 21 O .S. 2011, Section 1290.2, as
last amended by Section 4 of Enrolled Senate Bill No. 106 of the 1st
Session of the 58th Legislature (21 O.S. Supp. 2020, Section
1290.2), is amended to read as follows:
Section 1290.2.
DEFINITIONS
A. As used in the Oklahoma Self -Defense Act:
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1. “Completed application ” means all fields are completed, all
questions are answered and the required signatures are present on
the application for a handgun license , and the required documents
are attached to the application, including legible finger prints, if
applicable;
2. “Concealed handgun firearm” means a loaded or unloaded
pistol or handgun firearm, not openly visible to the ordinary
observation of a reasonable person;
3. “Unconcealed handgun firearm” or “open carry” means a loaded
or unloaded pistol or handgun firearm that is not held i n the hand,
but rather is carried upon the person in a holster where the firearm
is visible, or carried upon the person using a scabbard, or sling in
a general vertical position where the barrel of t he firearm is
safely pointed in an up or down direction, or in a case designed for
carrying firearms. The provisions of this para graph shall not apply
while lawfully at a gun range, wh ile lawfully hunting, while
lawfully shooting a firearm or during an act of self -defense; and
4. “Pistol” or “handgun” shall have the same definition as
provided in the Oklahoma Firearms Act of 1971, defined in Section
1289.3 of this title;
5. “Rifle” shall have the same definition as prov ided in
Section 1289.4 of this title; and
6. “Shotgun” shall have the same definition as provided in
Section 1289.5 of this t itle.
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B. The definition of pistol or handgun for purposes of the
Oklahoma Self-Defense Act shall not a pply to imitation pistols,
flare guns, underwater fishing guns or blank pis tols.
C. Pistols, handguns, rifles, shotguns and all other lawful
firearms mentioned in the Oklahoma Self-Defense Act may collectively
be referred to as “firearms”.
SECTION 3. This act shall become effective November 1, 2021.
58-1-2184 BG 5/26/2021 12:53:00 PM