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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1416 By: Crosswhite Hader
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1280.1, which relates to possession of
firearms on school property; authorizing the
transport and storage of firearms and weapons on
school property under certain circumstances; removing
certain qualifier; updating language; clarifying
liability provision; considering certain individuals
as licensed and verified pursuant to the federal Gun-
Free School Zones Act of 1990; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is
amended to read as follows:
Section 1280.1
POSSESSION OF FIREARM ON SCHOOL PROPERTY
A. It shall be unlawful for any person to have in his or her
possession on any public or private school property or while in any
school bus or vehicle used by any school for transportation of
students or teachers any firearm or weapon designated in Section
1272 of this title, exc ept as provided in subsection C of this
section or as otherwis e authorized by law.
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B. For purposes of this section:
1. "School property" means any publicly owned property h eld for
purposes of elementary, secondary or vocational -technical education,
and shall not include property owned by public school districts or
where such property is leased or rented to an individual or
corporation and used for purposes other than educati onal;
2. "Private school" means a school that offers a course of
instruction for students in one or more grades from prekindergarten
through grade twelve and is not operated by a governmental entity;
and
3. "Motor vehicle" means any automobile, truck, mi nivan or
sports utility vehicle.
C. Firearms and weapons are allowed on school pr operty and
deemed not in violation of subsection A of this sec tion as follows:
1. A gun firearm or knife designed for self-defense or for
hunting or fishing purposes kept in a privately owned vehicle and
properly displayed or stored as required by law , provided such
vehicle containing said gun or knife is driven ont o school property
only to transport a student to and from school and such vehicle doe s
not remain unattended on school property;
2. A gun firearm or knife used for the purposes of
participating in the Oklahoma Department of Wildlife Conservation
certified hunter training education course or any other hunting,
fishing, safety or firearms t raining courses, or a r ecognized
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firearms sports event, team shooting program or competition, or
living history reenactment, provided the course or event is approved
by the principal or chief administrator of the school where the
course or event is offered , and provided the weapon firearm or knife
is properly displayed or stored as required by law pending
participation in the course, event, program or competition;
3. Weapons Firearms or weapons in the possession of any peace
officer or other person authori zed by law to possess a weapon
firearms or weapons in the performance of his or her duties and
responsibilities;
4. A concealed or unconcealed firearm or weapon carried onto
private school property or in any school bus or vehicle used by any
private school for transportation of stu dents or teachers by a
person who is licensed pursuant to the Ok lahoma Self-Defense Act,
provided a policy has been adopted by the governing ent ity of the
private school that authorizes the possession of a firearm or weapon
on private school property or in any school bus or vehicle used by a
private school. Except for acts of gr oss negligence or willful or
wanton misconduct, a governing entity of a private school that
adopts a policy which authorizes the possession of a firearm or
weapon on private school property, a school bus or vehicle used by
the private school shall not be immune from subject to liability for
any injuries arising from the ado ption of the policy. The
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provisions of this paragraph shall not apply to claims purs uant to
the Workers' Compensation Code;
5. A gun firearm, knife, bayonet, or other weapon in the
possession of a member of a veterans gr oup, the national guard
National Guard, active military, the Reserve Officers ' Training
Corps (ROTC) or Junior ROTC, in order to participate in a ceremony,
assembly or educational program approved by the principal or chief
administrator of a school or school di strict where the ceremony,
assembly or educational program is being held; provided, however,
the gun firearm or other weapon that uses projec tiles is not loaded
and is inoperable at all times while on school property;
6. A handgun firearm carried in a motor vehicle pursuant to a
valid handgun license authorized by the provisions of the Oklahoma
Self-Defense Act onto property set aside by a pub lic or private
elementary or secondary school for the use or parking of any
vehicle; provided, however, said handgun the firearm shall be stored
and hidden from view in a locked motor vehicle when the motor
vehicle is left unatte nded on school property; an d
7. A handgun carried onto public school property by school
personnel who have been d esignated by the board of ed ucation,
provided such person nel either:
a. possess a valid armed security guard license as
provided for in Sectio n 1750.1 et seq. of Title 5 9 of
the Oklahoma Statutes, or
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b. hold a valid reserve peace officer certification as
provided for in Section 3311 of Title 70 of the
Oklahoma Statutes,
if a policy has been adopted by the board of education of the school
district that authorizes the carry ing of a handgun onto public
school property by such personnel. Nothing in this subsec tion shall
be construed to restrict authority granted els ewhere in law to carry
firearms.
D. Any person violating the provisions of this sect ion shall,
upon conviction, be guilty of a misdemeanor punishable by a fine of
not to exceed Two Hundred Fifty Dol lars ($250.00).
E. Considering the right to keep and bear arms provided in
Section 26 of Article II of the Oklahoma Constitution, any person
who is not precluded from lawfully owning and possessing a firearm
pursuant to state and federal law shall be considered to be
individually authorized by the State of Oklahoma within the meaning
of the provisions regarding individual licensure and verific ation
pursuant to the feder al Gun-Free School Zones Act of 1990.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5082 GRS 01/11/23