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SENATE FLOOR VERSION
April 6, 2023
ENGROSSED HOUSE
BILL NO. 1762 By: Manger and Dollens of the
House
and
Paxton of the Senate
An Act relating to crimes and punishments; amending
21 O.S. 2021, Sections 1272 and 1276, 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 ab out his or her person, or
in a purse or other container belonging to the person, any pistol,
revolver, shotgun or rifle whether loaded or unloaded or any
blackjack, loaded cane, hand chain, metal knuckles, or any other
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offensive weapon, whether such weapon be concealed or unconcealed,
except this section shall not prohibit:
1. The proper use of guns and knives for 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, possession and use of any weapon by a peace
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 district
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 Se lf-Defense Act and
whose name appears on a list maintained by the Administrative
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 purpos es of this paragraph, "living history
reenactment" means depiction of historical characters, scenes,
historical life or events for entertainment, education, or
historical documentation through the wearing or use of period,
historical, antique or vintage cl othing, accessories, firearms,
weapons, and other implements of the historical period; or
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6. The transporting by vehicle on a public roadway or the
carrying of a firearm, concealed or unconcealed, loaded or unloaded,
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 yet 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 fr om 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 convicted 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 the
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 Protection
from Domestic Abuse Act or a domestic abuse protection
order issued by another state, or
f. a violation relating to illegal drug use or p ossession
under the provisions of the Uniform Controlled
Dangerous Substances Act,
shall be prohibited from carrying a firearm under the provisions of
this paragraph. Any person who carries a firearm in the manner
provided for in this paragraph shall be p rohibited from carrying the
firearm into any of the places prohibited in subsection 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 this
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
after a conviction of assault and battery that qualifies as domestic
abuse shall be guilty of a felony punishable as provided in Section
1276 of this title.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 12 76, 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 th irty
(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 D ollars ($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 Department of Corrections for
a term of not less than one (1) year nor more than five (5) years,
or by a fine of not less than One Thousand Dollars ($1,000.00) nor
more than Five Thousand Dollars ($5,000.00), or by both such fine
and imprisonment.
B. Any person convicted of violating the provisions of Section
1272 or 1273 of this title after having been issued a handgun
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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)
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.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 6, 2023 - DO PASS