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28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 59th Legislature (2023)
31	31
32	32	HOUSE BILL 1416 By: Crosswhite Hader
33	33
34	34
35	35
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37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to firearms; amending 21 O.S. 2021,
41	41	Section 1280.1, which relates to possession of
42	42	firearms on school property; authorizing the
43	43	transport and storage of firearms and weapons on
44	44	school property under certain circumstances; removing
45	45	certain qualifier; updating language; clarifying
46	46	liability provision; considering certain individuals
47	47	as licensed and verified pursuant to the federal Gun-
48	48	Free School Zones Act of 1990; and providing an
49	49	effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is
56	56	amended to read as follows:
57	57	Section 1280.1
58	58	POSSESSION OF FIREARM ON SCHOOL PROPERTY
59	59	A. It shall be unlawful for any person to have in his or her
60	60	possession on any public or private school property or while in any
61	61	school bus or vehicle used by any school for transportation of
62	62	students or teachers any firearm or weapon designated in Section
63	63	1272 of this title, exc ept as provided in subsection C of this
64	64	section or as otherwis e authorized by law.
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91	91	B. For purposes of this section:
92	92	1. "School property" means any publicly owned property h eld for
93	93	purposes of elementary, secondary or vocational -technical education,
94	94	and shall not include property owned by public school districts or
95	95	where such property is leased or rented to an individual or
96	96	corporation and used for purposes other than educati onal;
97	97	2. "Private school" means a school that offers a course of
98	98	instruction for students in one or more grades from prekindergarten
99	99	through grade twelve and is not operated by a governmental entity;
100	100	and
101	101	3. "Motor vehicle" means any automobile, truck, mi nivan or
102	102	sports utility vehicle.
103	103	C. Firearms and weapons are allowed on school pr operty and
104	104	deemed not in violation of subsection A of this sec tion as follows:
105	105	1. A gun firearm or knife designed for self-defense or for
106	106	hunting or fishing purposes kept in a privately owned vehicle and
107	107	properly displayed or stored as required by law , provided such
108	108	vehicle containing said gun or knife is driven ont o school property
109	109	only to transport a student to and from school and such vehicle doe s
110	110	not remain unattended on school property;
111	111	2. A gun firearm or knife used for the purposes of
112	112	participating in the Oklahoma Department of Wildlife Conservation
113	113	certified hunter training education course or any other hunting,
114	114	fishing, safety or firearms t raining courses, or a r ecognized
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141	141	firearms sports event, team shooting program or competition, or
142	142	living history reenactment, provided the course or event is approved
143	143	by the principal or chief administrator of the school where the
144	144	course or event is offered , and provided the weapon firearm or knife
145	145	is properly displayed or stored as required by law pending
146	146	participation in the course, event, program or competition;
147	147	3. Weapons Firearms or weapons in the possession of any peace
148	148	officer or other person authori zed by law to possess a weapon
149	149	firearms or weapons in the performance of his or her duties and
150	150	responsibilities;
151	151	4. A concealed or unconcealed firearm or weapon carried onto
152	152	private school property or in any school bus or vehicle used by any
153	153	private school for transportation of stu dents or teachers by a
154	154	person who is licensed pursuant to the Ok lahoma Self-Defense Act,
155	155	provided a policy has been adopted by the governing ent ity of the
156	156	private school that authorizes the possession of a firearm or weapon
157	157	on private school property or in any school bus or vehicle used by a
158	158	private school. Except for acts of gr oss negligence or willful or
159	159	wanton misconduct, a governing entity of a private school that
160	160	adopts a policy which authorizes the possession of a firearm or
161	161	weapon on private school property, a school bus or vehicle used by
162	162	the private school shall not be immune from subject to liability for
163	163	any injuries arising from the ado ption of the policy. The
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190	190	provisions of this paragraph shall not apply to claims purs uant to
191	191	the Workers' Compensation Code;
192	192	5. A gun firearm, knife, bayonet, or other weapon in the
193	193	possession of a member of a veterans gr oup, the national guard
194	194	National Guard, active military, the Reserve Officers ' Training
195	195	Corps (ROTC) or Junior ROTC, in order to participate in a ceremony,
196	196	assembly or educational program approved by the principal or chief
197	197	administrator of a school or school di strict where the ceremony,
198	198	assembly or educational program is being held; provided, however,
199	199	the gun firearm or other weapon that uses projec tiles is not loaded
200	200	and is inoperable at all times while on school property;
201	201	6. A handgun firearm carried in a motor vehicle pursuant to a
202	202	valid handgun license authorized by the provisions of the Oklahoma
203	203	Self-Defense Act onto property set aside by a pub lic or private
204	204	elementary or secondary school for the use or parking of any
205	205	vehicle; provided, however, said handgun the firearm shall be stored
206	206	and hidden from view in a locked motor vehicle when the motor
207	207	vehicle is left unatte nded on school property; an d
208	208	7. A handgun carried onto public school property by school
209	209	personnel who have been d esignated by the board of ed ucation,
210	210	provided such person nel either:
211	211	a. possess a valid armed security guard license as
212	212	provided for in Sectio n 1750.1 et seq. of Title 5 9 of
213	213	the Oklahoma Statutes, or
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240	240	b. hold a valid reserve peace officer certification as
241	241	provided for in Section 3311 of Title 70 of the
242	242	Oklahoma Statutes,
243	243	if a policy has been adopted by the board of education of the school
244	244	district that authorizes the carry ing of a handgun onto public
245	245	school property by such personnel. Nothing in this subsec tion shall
246	246	be construed to restrict authority granted els ewhere in law to carry
247	247	firearms.
248	248	D. Any person violating the provisions of this sect ion shall,
249	249	upon conviction, be guilty of a misdemeanor punishable by a fine of
250	250	not to exceed Two Hundred Fifty Dol lars ($250.00).
251	251	E. Considering the right to keep and bear arms provided in
252	252	Section 26 of Article II of the Oklahoma Constitution, any person
253	253	who is not precluded from lawfully owning and possessing a firearm
254	254	pursuant to state and federal law shall be considered to be
255	255	individually authorized by the State of Oklahoma within the meaning
256	256	of the provisions regarding individual licensure and verific ation
257	257	pursuant to the feder al Gun-Free School Zones Act of 1990.
258	258	SECTION 2. This act shall become effective November 1, 2023.
259	259
260	260	59-1-5082 GRS 01/11/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1416 Compare Versions