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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2 023)
HOUSE BILL 1762 By: Manger
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Sections 1272 and 127 6, which relate to
the unlawful carry of firearms and related penalties;
providing separate penalty for certain unlawful act;
specifying penalty; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1272, is
amended to read as follows:
Section 1272.
UNLAWFUL CARRY
A. Notwithstanding any other provision of law, it shall be
unlawful for any person to carry upon or about his or her person, or
in a purse or other container belonging to the pers on, any pistol,
revolver, shotgun or rifle whether loaded or unloaded or any
blackjack, loaded cane, hand chain, metal knuckles, or any other
offensive weapon, whether such weapon be concealed or unconcealed,
except this section shall not prohibit:
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1. The proper use of guns and knives fo r self-defense, hunting,
fishing, educational or recreational purposes;
2. The carrying or use of weapons in a manner otherwise
permitted by statute or authorized by the Oklahoma Self -Defense Act;
3. The carrying, possess ion and use of any weapon by a pe ace
officer or other person authorized by law to carry a weapon in the
performance of official duties and in compliance with the rules of
the employing agency;
4. The carrying or use of weapons in a courthouse by a distric t
judge, associate district judge or special district judge within
this state, who is in possession of a valid handgun license issued
pursuant to the provisions of the Oklahoma Self -Defense Act and
whose name appears on a list maintained by the Administrat ive
Director of the Courts;
5. The carrying and use of firearms and other weapons provided
in this subsection when used for the purpose of living history
reenactment. For purposes of this paragraph, "living history
reenactment" means depiction of histori cal characters, scenes,
historical life or events for entertainment, education, or
historical documentation through the wearing or use of period,
historical, antique or vintage clothing, accessories, firearms,
weapons, and other implements of the historica l period; or
6. The transporting by vehicle on a public roadway or the
carrying of a firearm, concealed or unconcealed, loaded or unloaded,
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by a person who is twenty -one (21) years of age or older or by a
person who is eighteen (18) years of age but not y et twenty-one (21)
years of age and the person is a member or veteran of the United
States Armed Forces, Reserves or National Guard or was discharged
under honorable conditions from the United States Armed Forces,
Reserves or National Guard, and the person is otherwise not
disqualified from the possession or purchase of a firearm under
state or federal law and is not carrying the firearm in furtherance
of a crime.
Except as provided in subsection B of Section 1283 of this
title, a person who has been convic ted of any one of the following
offenses in this state or a violation of the equivalent law of
another state:
a. assault and battery pursuant to the provisions of
Section 644 of this title which caused serious
physical injury to the victim,
b. aggravated assault and battery pursuant to th e
provisions of Section 646 of this title,
c. assault and battery that qualifies as domestic abuse
as defined in Section 644 of this title,
d. stalking pursuant to the provisions of Section 1173 of
this title,
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e. a violation of an order issued under the Pr otection
from Domestic Abuse Act or a domestic abuse protection
order issued by another state, or
f. a violation relating to illegal drug use or possession
under the provisions of the Uniform Controlled
Dangerous Substances Act,
shall be prohibited from ca rrying a firearm under the provisions of
this paragraph. Any person who carries a firearm in the manner
provided for in this paragraph shall be prohibited from carrying the
firearm into any of the places prohibited in subs ection A of Section
1277 of this title or any other place currently prohibited by law.
Nothing in this section shall modify or otherwise change where a
person may legally carry a firearm.
B. Any 1. Except as provided in paragraph 2 of th is
subsection, any person convicted of violating the foregoing
provision shall be guilty of a misdemeanor punis hable as provided in
Section 1276 of this title.
2. Any person convicted of violating the foregoing provision
subsequent to a previous conviction of assault and battery that
qualifies as domestic abuse shall be guilty of a felony punishable
as provided in Section 1276 o f this title.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1276, is
amended to read as follows:
Section 1276.
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PENALTY FOR 1272 AND 1273
Any A. 1. Except as provided in paragraph 2 of this
subsection, any person violating the provisions of Section 1272 or
1273 of this title shall, upon a first conviction, be adjudged
guilty of a misdemeanor and the party offending shall be punished
punishable by a fine of not less than One Hundred Dollars ($100.00)
nor more than Two Hundred Fifty Dollars ($250.00), or by
imprisonment in the county jail for a period not to exceed thirty
(30) days, or by both such fine and imprisonment. On the second and
every subsequent violation, the party offending person shall, upon
conviction, be punished by a fine of not less than Two Hundred Fifty
Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or
by imprisonment in the county jail for a period of not less than
thirty (30) days nor more than three (3) months, or by both such
fine and imprisonment.
2. Any person convicted pursuant to paragraph 2 of subsection B
of Section 1272 of this title shall be guilty of a felony punishable
by imprisonment in the custody of the Departme nt of Corrections for
a term of not less than one (1) year nor more than five (5) years.
B. Any person convicted of violating the provisions of Section
1272 or 1273 of this title after having been issued a handgun
license pursuant to the provisions of the Oklahoma Self-Defense Act
shall have the license suspended for a period of six (6) months and
shall be liable for an administrative fine of Fifty Dollars ($50.00)
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upon a hearing and determination by the Oklahoma State Bureau of
Investigation that the pers on is in violation of the provisions of
this section.
SECTION 3. This act shall become effective November 1, 2023.
59-1-6674 GRS 12/21/22