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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1644 By: Maynard
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38	38	AS INTRODUCED
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40	40	An Act relating to firearms; amending 21 O.S. 2021,
41	41	Section 1280.1, which relates to the pos session of
42	42	firearms on school pr operty; authorizing the storage
43	43	of firearms and weapons in unattended vehicles on
44	44	school property; requiring firearms and weapons be
45	45	hidden from view; amending 21 O.S. 2021, Section
46	46	1289.7, which relates to firearms in vehicles;
47	47	authorizing the storage of firearms in vehicles;
48	48	expanding scope of certain prohibited act; and
49	49	providing an effective date.
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is
58	58	amended to read as follows:
59	59	Section 1280.1
60	60	POSSESSION OF FIREARM ON SCHOOL PROPERTY
61	61
62	62	A. It shall be unlawful for any person to have in his or her
63	63	possession on any public or private school property or while in any
64	64	school bus or vehicle used by any school for trans portation of
65	65	students or teachers any firearm or weapon designated in Section
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92	92	1272 of this title, except as provided in subsection C of this
93	93	section or as otherwise authorized by law.
94	94	B. For purposes of this section:
95	95	1. "School property" means any publicly owned property held for
96	96	purposes of elementary, secondary or vocational -technical education,
97	97	and shall not include property owned by public school districts or
98	98	where such property is leased or rented to an individual or
99	99	corporation and used for purposes other than educational;
100	100	2. "Private school" means a school that offers a course of
101	101	instruction for students in one or more grades from prekindergarten
102	102	through grade twelve and is not operated by a governmental entity;
103	103	and
104	104	3. "Motor vehicle" means any automobile, truck, minivan or
105	105	sports utility vehicle.
106	106	C. Firearms and weapons are allowed on school property and
107	107	deemed not in violation of subsection A of this section as follows:
108	108	1. A An unloaded gun or knife designed for hunting or fishing
109	109	purposes kept in a privately owned vehicle and properly displayed or
110	110	stored as required by law, provided such vehicle containing said gun
111	111	or knife is driven onto school property only to transport a student
112	112	to and from school and such vehicle does not remain in a locked
113	113	container or locked firearms rack and hidden from view in the motor
114	114	vehicle when the motor vehicle is left unattended on school
115	115	property;
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142	142	2. A gun or knife used for the purposes of participating in the
143	143	Oklahoma Department of Wildlife Conservation certifi ed hunter
144	144	training education course or any other hunting, fishing, safety or
145	145	firearms training courses, or a r ecognized firearms sports event,
146	146	team shooting program or competition, or living history reenactment,
147	147	provided the course or event is approved by the principal or chief
148	148	administrator of the school where the course or event is offered,
149	149	and provided the weap on is properly displayed or stored as required
150	150	by law pending participation in the course, event, program or
151	151	competition;
152	152	3. Weapons in the posse ssion of any peace officer or other
153	153	person authorized by law to possess a weapon in the performance of
154	154	his or her duties and responsibilities;
155	155	4. A concealed or unconcealed weapon carried onto private
156	156	school property or in any school bus or vehicle used b y any private
157	157	school for transportation of students or teachers by a person who is
158	158	licensed pursuant to the Ok lahoma Self-Defense Act, provided a
159	159	policy has been adopted by the governing entity of the private
160	160	school that authorizes the possession of a weap on on private school
161	161	property or in any school bus or vehicle used by a private school.
162	162	Except for acts of gr oss negligence or willful or wanton misconduct,
163	163	a governing entity of a private school that adopts a policy which
164	164	authorizes the possession of a w eapon on private school property, a
165	165	school bus or vehicle used by the private school shall be immune
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192	192	from liability for any injuries arising from the adoption of the
193	193	policy. The provisions of this paragraph shall not apply to claims
194	194	pursuant to the Worker s' Compensation Code;
195	195	5. A gun, knife, bayonet or other weapon in the possession of a
196	196	member of a veterans gr oup, the national guard, active military, the
197	197	Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to
198	198	participate in a ceremony, assem bly or educational program approved
199	199	by the principal or chief administrator of a school or school
200	200	district where the ceremony, assembly or educational program is
201	201	being held; provided, however, the gun or other weapon that uses
202	202	projectiles is not loaded and is inoperable at all times while on
203	203	school property;
204	204	6. A handgun carried in a motor vehicle pursuant to a v alid
205	205	handgun license authorized by the Oklahoma Self -Defense Act onto
206	206	property set aside by a public or private elementary or secondary
207	207	school for the use or parking of any vehicle; provided, however,
208	208	said handgun shall be stored and hidden from view in a locked motor
209	209	vehicle when the motor vehicle is left unattended on school
210	210	property; and
211	211	7. A handgun carried onto public school property by school
212	212	personnel who have been designated by the board of education,
213	213	provided such personnel either:
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240	240	a. possess a valid armed security guard license as
241	241	provided for in Section 1750.1 et seq. of Title 59 of
242	242	the Oklahoma Statutes, or
243	243	b. hold a valid reserve peace officer certification as
244	244	provided for in Section 3311 of Title 70 of the
245	245	Oklahoma Statutes,
246	246	if a policy has been adopted by the board of education of the school
247	247	district that authorizes the carrying of a handgun onto public
248	248	school property by such personne l. Nothing in this subsection shall
249	249	be construed to restrict authority granted elsewhere in law to carry
250	250	firearms.
251	251	D. Any person violating the provisions of this section shall,
252	252	upon conviction, be guilty of a misdemeanor punishable by a fine of
253	253	not to exceed Two Hundred Fifty Dollars ($250.00).
254	254	SECTION 2. AMENDATORY 21 O.S. 2021, Section 1289.7, is
255	255	amended to read as follows:
256	256	Section 1289.7
257	257	FIREARMS IN VEHICLES
258	258
259	259	A. Any person who is not otherwise prohibited by law from
260	260	possessing or purchasing a firearm and is not carryi ng or
261	261	transporting a firearm in the furtherance of a crime may transport
262	262	and store in or on a vehicle a firearm, loaded or unloaded, at any
263	263	time.
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290	290	B. Any person, eighteen (18) to twenty (20) years of age, who
291	291	is not otherwise prohibited by law from possess ing or purchasing a
292	292	firearm and is not carrying or transporting a firearm in the
293	293	furtherance of a crime may transport and store in or on a vehicle,
294	294	open or concealed, an unloaded firearm at any time.
295	295	C. It shall be unlawful for any person transporting or storing
296	296	a firearm in or on a vehicle to fail or refuse to identify that the
297	297	person is in actual possession of a firearm when demanded by a law
298	298	enforcement officer of this state during any arrest, detainment or
299	299	routine traffic stop. Any person who violates the provisions of
300	300	this subsection may be issued a citation for an amount not to exceed
301	301	One Hundred Dollars ($100.00).
302	302	SECTION 3. This act shall become effective November 1, 2023.
303	303
304	304	59-1-5671 GRS 01/07/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1644 Compare Versions