Req. No. 6520 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 1782 By: Williams AS INTRODUCED An Act relating to firearms; amending 21 O.S. 2021, Section 1277, which relates to the unlawful carry of firearms in certain places; removing references to federally owned buildings and properties; authorizing municipalities to allow for the carry of concealed firearms by municipal officials or employees; providing eligibility requirements; prohibiting the carrying of firearms at firearm-prohibited locations; defining term; providing construing provision related to the carrying of firearms by municipal officials or employees; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is amended to read as follows: Section 1277. A. It shall be unlawful for any person, including a person in possession of a valid handgun licens e issued pursuant to the provisions of the Oklahoma Self-Defense Act, to carry any concealed or unconceale d firearm into any of the follo wing places: Req. No. 6520 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Any structure, building, or office space which is owned or leased by a city, town, county , or state or federal governmental authority for the purpose of conducting business with the p ublic; 2. Any courthouse, courtroom, prison, jail, deten tion facility or any facility used to process, hold or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent, except as provided in Section 21 of Title 57 of the O klahoma Statutes; 3. Any public or private elementary o r public or private secondary school, except as provided in subsections C and D of this section; 4. Any publicly owned or operated sports arena or venue duri ng a professional sporting event, unless a llowed by the event holder; 5. Any place where gambli ng is authorized by law, unless allowed by the property owner; 6. Any other place specifically prohibited by law ; and 7. Any property set aside by a county, c ity, town, public trust with a county, city or town as a beneficiary, or state governmental authority for an event that is secured with minimum -security provisions. For purposes of this paragraph, a minimum -security provision consists of a location that i s secured utilizing the following: a. a metallic-style security fence that is at least eight (8) feet in height that encompasses the property and Req. No. 6520 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 is secured in such a way as to deter unauthorized entry, b. controlled access points staffed by a uniformed, commissioned peace officer, and c. a metal detector whereby persons walk or otherwise travel with their property through or by the metal detector. B. It shall be lawful for a person to carry a concealed or unconcealed firearm on the following properties: 1. Any property set aside for the use or parking of any vehicle, whether attended or una ttended, by a city, town, county , or state or federal governmental authority; 2. Any property set aside for the use or parking of any vehicle, whether attended or unat tended, which is open to the public, or by any entity engaged in gambling authorized by la w; 3. Any property adjacent to a structure, building or office space in which concealed or unconcealed weapons are prohibited by the provisions of this section; 4. Any property designated by a city, town, cou nty or state governmental authority as a par k, recreational area, wildlife refuge, wildlife management area or fairgrounds; provided, nothing in this paragraph shall be con strued to authorize any entry by a person in possession of a concealed or unconceale d firearm into any Req. No. 6520 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 structure, building, office space or event which is specifically prohibited by the provisions of subsection A of this section; 5. Any property set asid e by a public or private elementary or secondary school for the use or parking of an y vehicle, whether attended or unattended; provided, however, the firearm shall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unat tended on school property ; and 6. Any public property set aside temporarily by a co unty, city, town, public trust with a coun ty, city or town as a beneficiary, or state governmental authority for the holder of an event permit that is without minimum-security provisions, as such term is defined i n paragraph 7 of subsection A of this secti on; provided, the carry of firearms within said permitted event area shall be limited to concealed carry of a handgun unless otherwise authorized by the holder of the event permit. Nothing contained in any provisi on of this subsection or subsection C of this section shall be construed to authoriz e or allow any person in control of any place described in subsection A of this section to establish any policy or rule that has th e effect of prohibiting any person in law ful possession of a handgun license or otherwise in lawful possession of a firearm f rom carrying or possessing the firearm on the property described in this subsection. C. A concealed or unconcealed weapon may be c arried onto private school property or in any school bus or vehicle used by any Req. No. 6520 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 private school for transportation of student s or teachers by a person who is licensed pursuant to the Oklahoma Self -Defense Act,; provided, a policy has been adopted by the gov erning entity of the private school that authorizes the carrying and possession of a weapon on private school property or in a ny school bus or vehicle used by a private school . Except for acts of gross negligence or willful or wanton misconduct, a governi ng entity of a private school that adopts a policy which authorizes the possession of a weapon on private school property, a s chool bus or vehicle used by the private school shall not be subject to liability for any injuries arising from the adoption of th e policy. The provisions of this subsect ion shall not apply to claims pursuant to the Administrative Workers ' Compensation Act. D. Notwithstanding paragraph 3 of subsection A of this section, a board of education of a school district may adopt a policy pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to authorize the carrying of a handgun onto school property b y school personnel specifically designated by the board of education, provided such personnel either: 1. Possess a valid armed sec urity guard license as provided for in Section 1750.1 et seq. of Title 59 of the Oklah oma Statutes; or 2. Hold a valid reserve peace officer certification as provided for in Section 3311 of Title 70 of the Oklahoma Statutes. Req. No. 6520 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Nothing in this subsection sha ll be construed to restrict authority granted elsewhere in law to carry firearms. E. Notwithstanding the provisions of s ubsection A of this section, on any property designated as a municipal zoo or park of any size that is owned, leased, operated or manag ed by: 1. A public trust created pursuan t to the provisions of Section 176 of Title 60 of the Oklahoma Statutes; or 2. A nonprofit entity, an individual shall be allowed to carry a concealed handgun but not openly carry a handgun on the property. F. Any person violating the provisions of parag raph 2 or 3 of subsection A of this section s hall, upon conviction, be guilt y of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00). A person violating any other provision of subsection A of this section may be denied ent rance onto the property or removed from the p roperty. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to exceed Two Hundred Fifty Dollars ($250.00). G. No person in possession of a valid handgun license issued pursuant to the provisions of the Ok lahoma Self-Defense Act or who is carrying or in possession of a firearm as otherwise permitted by law or who is carrying or in possession o f a machete, blackjack, loaded cane, hand chain or metal knuckles shall be authorized to Req. No. 6520 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 carry the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles into or upon any college, university or technology center school property, except as p rovided in this subsection . For purposes of this subsection, the following property s hall not be construed to be college, university or technology center school property: 1. Any property set aside for the use or parking of any motor vehicle, whether atte nded or unattended, provided the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles are carried or stored as required by law and the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles are not removed from the motor vehicle without the prior consent of the c ollege or university president or technology center school administrator w hile the vehicle is on any college, university or technology center school property; 2. Any property authorized for possession or use of fir earms, machetes, blackjacks, loaded canes , hand chains or metal knuckles by college, university or technology cent er school policy; and 3. Any property authorized by the written consent of the college or university president or technology center school administrator,; provided, the written consent is carried with the firearm, machete, blackj ack, loaded cane, hand chai n or metal knuckles and the valid handgun license while on college, university or technology center school property. Req. No. 6520 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The college, university or technology center school may notify the Oklahoma State Bureau of Investigation within ten (10) days of a violation of any provision of this subsection by a licensee . Upon receipt of a written notification of violation, the Bureau shall give a reasonable notice to the licensee and hold a heari ng. At the hearing, upon a determination that the licensee has violated any provision of this subsection, the licensee may be subject to an administrative fine of Two Hundred Fifty Dollars ($250.00) and may have the handgun license suspended for three (3) months. Nothing contained in any provision of this subsection shall be construed to authorize or allow any college, university or technology center school to establish any policy or rule that has the effect of prohibiting any person in lawful possession o f a handgun license or any person in lawful pos session of a firearm, machete, blackjack, loaded cane, hand chain or metal knuckles from possession of a firearm, machete, blackjack, loaded cane, hand chain or metal knuckles in places described in paragraphs 1, 2 and 3 of this subsection. Nothing contained in any provision of t his subsection shall be construed to limit the authority of any college, university or technology center school in this state from taking administrative action against any student for any violation of any provision of this subsecti on. H. The provisions of this section shall not apply to the following: Req. No. 6520 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Any peace officer or any person authorized by law to carry a firearm in the course of emplo yment; 2. District judges, associate dis trict judges and special district judges, who a re in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self -Defense Act and whose names appear on a list maintained by the Admini strative Director of the Courts, when act ing in the course and scope of employment within the courthouses of t his state; 3. Private investigators with a firearms authorization when acting in the course and scope of employment; 4. Elected officials of a c ounty, who are in possession of a valid handgun license issued pursuant to the provision s of the Oklahoma Self-Defense Act, may carry a concealed handgun when acting in the performance o f his or her duties within the courthouses of the county in which he o r she was elected. The provisions of thi s paragraph shall not allow the elected county official to carry th e handgun into a courtroom; 5. The sheriff of any county may authorize certain employees of the county, who possess a valid handgun license issued pursuant to the provisions of the Oklahom a Self-Defense Act, to carry a concealed handgun when acting in the course and scope of employment within the courthouse in the county in which the person is employed . Nothing in the Oklahoma Self -Defense Act shall prohibit the sheriff from requiring additional instruction or training befor e granting Req. No. 6520 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 authorization to carry a concealed handgun within the courthouse . The provisions of this paragraph and of paragraph 6 of this subsection shall not allow the county emp loyee to carry the handgun into a courtroom, sheriff's office, adult or juvenile jail or any other prisoner detention area; and 6. The board of county commissioners of any county may authorize certain employees of the county, who possess a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, to carry a co ncealed handgun when acting in the course and scope of employment on county annex facilities or grounds surrounding the county courthouse. I. 1. Municipalities may authorize certain employees or public officials of the municipality, municipal public trust, or municipal authority, who possess a valid hand gun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and who hav e successfully completed any additional training or requirements as established by ordinance or resolution to carry a concealed handgun when acting in the scope and course of employment. 2. For purposes of this subsection, firearms may not be present in a location that is a firearm -prohibited location. As used in this paragraph, "firearm-prohibited locations " shall include the following locations: Req. No. 6520 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. any room, location, or other place on muni cipally- owned, leased, or maintained property designated as a firearm-prohibited location by the municipality, and b. any police department, courthouse, courtroom, prison, jail, detention facility, or any facility used to process, hold, or house arrested p ersons, prisoners, or persons alleged delinquent or adjudica ted delinquent. 3. Nothing in this section shall be construed as a mechanism to allow municipal employees to carry a firearm as a duty or function of their employment with the municipality, municipal public trust, or municipal authority. J. For the purposes of this section, "motor vehicle" means any automobile, truck, miniva n, sports utility vehicle, or motorcycle, as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes, equipped with a locked accessory container within or affixed to the motorcycle. SECTION 2. This act shall become effective November 1, 2023. 59-1-6520 GRS 12/29/22