Oklahoma 2023 Regular Session

Oklahoma House Bill HB1782 Latest Draft

Bill / Introduced Version Filed 01/18/2023

                             
 
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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:   
 
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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   
 
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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   
 
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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   
 
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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.   
 
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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   
 
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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.   
 
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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:   
 
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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   
 
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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:   
 
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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