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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1380 By: Gann and Hardin of the
House
and
Alvord of the Senate
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Sections 1290.14 and 1290.15, which relate to the
Oklahoma Self-Defense Act; clarifying training
requirements when qualifying for a handgun license;
removing eligibility restriction for firearm
instructors; deleting obsolete lang uage; directing
firearms instructors to approve applicants under
certain circumstances ; removing eligibility
restriction for semiautomatic rating; deleting
specific qualifications for honorably discharged
military personnel who may be exempt from training
courses; deleting certain restriction that delays the
issuance of a handgun license; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.14, is
amended to read as follows:
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Section 1290.14
SAFETY AND TRAINING COURSE
A. Each applicant for a license to carry a concealed or
unconcealed handgun pursuant to the Oklahoma Self-Defense Act must
successfully complete a firearms safety and training course i n this
state conducted by a registered and approved firearms instructor as
provided by the provisions of this section or from an interactive
online firearms safety and training course available electronically
via the Internet approved and certified by the Council on Law
Enforcement Education and Training. The applicant must further
demonstrate competence an d qualification with an authorized pis tol
of the type or types that the applicant desires to carry as a
concealed or unconcealed handgun pursuant to the provisions of the
Oklahoma Self-Defense Act, except certain persons may be exempt from
such training requirement as provided by the provision s of Section
1290.15 of this title.
B. The Council on Law Enforcement Education and Training
(CLEET) shall establ ish criteria for approving firearms instructors
and interactive online firearms safety and training cou rses
available electronically via the Internet for purposes of training
and qualifying individuals for a handgun license pursuant to the
provisions of the Oklahoma Self-Defense Act. Prior to submitting an
application for CLEET approval as a firearms instr uctor, applicants
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shall attend a firea rms instructor school, meeting the following
minimum requirements:
1. Firearms instructor training conducted by o ne of the
following entities:
a. Council on Law Enforcement Education and Training,
b. National Rifle Association,
c. Oklahoma Rifle Associati on,
d. federal law enforcement agencies, or
e. other professionally recognized organizations;
2. The course shall be at least sixteen (16) hours in length;
3. Upon completion of the course, the applicant shall be
qualified to provide instruction on revolvers, semiautomatic
pistols, or both; and
4. Receive a course completion certificate.
All firearms instructors sh all be required to meet the
eligibility requirements for a handgun license as provided in
Sections 1290.9, 1290.10, and 1290.11 of this title and the
application shall be processed as provided for applicants in Section
1290.12 of this title, including the state and national criminal
history records search and fingerprint search. A firearms
instructor shall be required to pay a fee of One Hundre d Dollars
($100.00) to the Council on Law Enforcement Education and Training
(CLEET) each time the person makes ap plication for CLEET approval as
a firearms instructor pursuant to the provisions of the Oklahoma
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Self-Defense Act. The fee shall be retained by CLEET and shall be
deposited into the Firearms Instructors Revolving Fund. CLEET shall
promulgate the rules, f orms and procedures necessary to implement
the approval of firearms instructors as authorized by the pro visions
of this subsection. CLEET sha ll periodically review each approved
instructor during a training and qualification course to assure
compliance with the rules and course contents. Any violation of the
rules may result in the revocation or suspension of CLEET and
Oklahoma State Bureau of Investigation approval. Unless the
approval has been revoked or suspended, a firearms instructor 's
CLEET approval shall be for a term of five (5) years. Beginning on
July 1, 2003, any firearms instructor who has bee n issued a four-
year CLEET approval sh all not be eligible for the five-year approval
until the expiration of the approval previously issued. CLEET shall
be responsible for notifying all approved firearms instructors of
statutory and policy changes related to the Oklahoma Self -Defense
Act. A firearms instructor shall not be required to submit his or
her fingerprints for a fingerprint search when renewing a firearms
instructor's CLEET approval.
C. 1. All firearms instructors approved by CLEET to train and
qualify individuals for a handgun lic ense shall be required to apply
for registration with the Oklahoma State Bureau of Investigation
after receiving CLEET approval. All firearms instructors teaching
the approved course for a handgun license must display their
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registration certificate during each training and qualification
course. Each approved firearms instructor shall complete a
registration form pro vided by the Bureau and shall have the option
to pay a registration fee of either One Hundred Dollars ($ 100.00)
for a five-year registration certificate or Two Hundred Dollars
($200.00) for a ten-year registration certificate to the Bureau at
the time of each application for registration, except as provided in
paragraph 2 of this subsection. Registration ce rtificates issued by
the Bureau shall be valid for a period of five (5) years or ten (10)
years from the date of issuance. The Bureau shall issue a fiv e-year
or ten-year handgun license to an approved firearms instructor at
the time of issuance of a regis tration certificate and no additional
fee shall be required or charged. The Bureau shall maintain a
current listing of all registered firearms instruct ors in this
state. Nothing in this paragraph shall be construed to eliminate
the requirement for regist ration and training with CLEET as prov ided
in subsection B of this section. Failure to register or be trained
as required shall result in a revocation or suspension of the
instructor certificate by the Bureau.
2. On or after July 1, 2003, the registered Registered
instructors listed in subpa ragraphs a and b of this paragraph shall
not be required to renew the firearms instructor registration
certificate with the Oklahoma State Bureau of Investigation at the
expiration of the registration term, provided th e instructor is not
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subject to any suspension or revocation of the firearms instructor
certificate. The firearms instructor registration with the Oklah oma
State Bureau of Investigation shall automatically renew together
with the handgun license authorized in paragraph 1 of this
subsection for an additional five-year term and no additional cost
or fee may be charged for the following individuals:
a. an active duty law enforcement officer of this state
or any of its political subdivisions or of the federal
government who has a valid CLEET approv al as a
firearms instructor pursuant to the Oklahoma Self -
Defense Act, and
b. a retired law enforcement officer au thorized to carry
a firearm pursuant to Section 1289.8 of this title who
has a valid CLEET approval as a firearms instructor
pursuant to the Oklahoma Self-Defense Act.
D. The Oklahoma State Bureau of Investigation shall approve
registration for a firearms instructor applicant who is in full
compliance with CLEET rules regarding firearms instructors and the
provisions of subsection B of this sec tion, if completion of the
federal fingerprint search is the only reason for delay of
registration of that firearm s instructor applicant. Upon receipt of
the federal fingerprint search information, if the Bureau recei ves
information which precludes the pe rson from having a handgun
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license, the Bureau shall revoke both the registration and the
handgun license previous ly issued to the firearms instructor.
E. The required firearms safety and training course and the
actual demonstration of competency and qual ification required of the
applicant shall be designed and conducted in such a manner that the
course can be reason ably completed by the applicant within an eight -
hour period. CLEET shall establish the course content a nd
promulgate rules, procedures and fo rms necessary to implement the
provisions of this subsection. For the training and qualification
course, an applicant may be charged a fee which shall be determined
by the instructor or entity that is conducting the c ourse. The
maximum class size shall b e determined by the instructor conducting
the course; provided, however, practice shooting sessions shall not
have more than ten participating students at one time. CLEET may
establish criteria for assistant instructo rs and any other
requirements deemed n ecessary to conduct a safe and effective
training and qualification course. The course content shall include
a safety inspection of the firearm to be used by the applicant in
the training course; instruction on pistol handling, safety and
storage; dynamics of ammunition and firing; methods or positions for
firing a pistol; information about the criminal provisions of the
Oklahoma law relating to firearms; the requirements of the Oklahoma
Self-Defense Act as it relates to the applicant; self -defense and
the use of appropriate force; a practice shooting session; and a
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familiarization course. The firearms instructor sha ll refuse to
train or qualify any person when the pistol to be used or carried by
the person is either d eemed unsafe or unfit for firing or is a
weapon not authorized by the Oklahoma Self-Defense Act. The course
shall provide an opportunity for the applic ant to qualify himself or
herself on either a derringer, a revolver, with a semiautomatic
pistol or any combination of a derringer, a revolver and a
semiautomatic pistol,; provided, no pistol shall be capable of
firing larger than .45 caliber ammunition. Any applicant who
successfully trains and qualifies himself or herself with a
semiautomatic pistol may shall be approved by the firearms
instructor on the training certificate for a semiautomatic pistol, a
revolver and a derringer upon request of the appli cant. Any person
who qualifies on a derringer or revolver shall not be eligible for a
semiautomatic rating until the person has demonstrated competence
and qualifications on a semiautomatic pistol . Upon successful
completion of the training and qualifica tion course, a certificat e
of training and a certificate of competency and qualification shall
be issued to each applicant who successfully co mpletes the course.
The certificate of training and certificate of competency and
qualification shall comply with the forms established by CLEET and
shall be submitted with an application for a handgun license
pursuant to the provisions of paragraph 2 of subsection A of Section
1290.12 of this title. The certificate of training and certificate
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of competency and qual ification issued to an ap plicant shall be
valid for a period of three (3) years.
F. There is hereby cre ated a revolving fund for the Council on
Law Enforcement Education and Training (CLEET), to be designated the
"Firearms Instructors Revolving Fund ". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all funds received for approval of firearms in structors
for purposes of the Oklahoma Self-Defense Act. All funds received
shall be deposited to the fund. All monies accruing to the cr edit
of said fund are hereby appropriated and may be budgeted and
expended by the Council on Law Enforcement Educatio n and Training,
for implementation of the training and qualification course
contents, approval of firearms instruc tors and any other CLEET
requirement pursuant to the provisions of the Oklahoma Self -Defense
Act or as may otherwise be deemed appropriate by CLEET.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law wit h
the Director of the Office of Management and Enterprise Services for
approval and payment.
G. Firearms instructors shall keep on file for a period of not
less than three (3) years a roster of each training class, the
safety test score of each individual , the caliber and type of the
weapon each individual used when qualifying and w hether or not each
individual successfully completed the training course. Firearms
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instructors shall be authorized to destroy all training documents
and records upon expiration of the three-year time period.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.15, is
amended to read as follows:
Section 1290.15
PERSONS EXEMPT FROM TRAINING COURSE
A. The following individuals may be exempt from all or part of
the required training and qualification course establishe d pursuant
to the provisions of Section 1290.14 of this title:
1. A firearms instructor registered with the Oklahoma State
Bureau of Investigation for purposes of the Okl ahoma Self-Defense
Act;
2. An active duty or reserve duty law enforcement officer of
this state or any of its political subdivision s or of the federal
government;
3. A retired law enforcement officer authorized by this state
pursuant to Section 1289.8 of this title to carry a firearm;
4. A Council on Law Enforcement Education and Traini ng (CLEET)
certified armed security officer, ar med guard, correctional officer,
or any other person having a CLEET certification to carry a firearm
in the course of their employment;
5. A person on active military duty, National Guard duty or
regular military reserve duty who is a legal resident of th is state
and who is trained and qualified in the use of handguns;
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6. A person honorably discharged from active military dut y,
National Guard duty or military reserves within twenty (20) years
preceding the date of the application for a handgun license pur suant
to the provisions of the Oklahoma Self-Defense Act, who is a legal
resident of this state , and who has been trained an d qualified in
the use of handguns;
7. A person retired as a peace officer in good s tanding from a
law enforcement agency located i n another state, who is a legal
resident of this state, and who has received training equivalent to
the training required fo r CLEET certification in this state; and
8. Any person who is otherwise deemed quali fied for a training
exemption by CLEET.
B. No person who is determined to be exempt from training or
qualification may carry a concealed or unconcealed firearm pursuant
to the authority of the Oklahoma Self -Defense Act until issued a
valid handgun license or possesses a valid military identification
card as provided for qualified persons in Section 1290.8 of this
title.
C. Nothing contained in any provision of the Oklahom a Self-
Defense Act shall be construed to alter, amend, or modify the
authority of any active duty law enforcement officer, or any pe rson
certified by the Council on Law Enforcement Education and Training
to carry a pistol during the course of their employm ent, to carry
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any pistol in any manner authorized by law or authorized by the
employing agency.
SECTION 3. This act shall bec ome effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/08/2023 -
DO PASS, As Coauthored.