An Act
ENROLLED HOUSE
BILL NO. 1789 By: Banning and Williams of the
House
and
Dahm, Bullard, Stephens,
and Jett of the Senate
An Act relating to firearms; amending 21 O.S. 2021,
Sections 1290.2, 1290.4, 1290. 7, 1290.8, 1290.24,
1290.25 and 1290.26, which relate to the Oklahoma
Self-Defense Act; updating and adding def initions;
authorizing the lawful carry of firearms by certain
persons; modifying references to handguns; adding
statutory references; deleting certain eligibility
requirements; specifying types of identification
necessary for carrying firearms; clari fying liability
provisions; updating references to certain named act;
modifying components of reciprocity requirements; and
providing an effective date.
SUBJECT: Firearms
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.2, is
amended to read as follows:
Section 1290.2
DEFINITIONS
A. As used in the Oklahoma Self -Defense Act:
1. "Completed application" means all fields are completed, all
questions are answered and the required signatures ar e present on ENR. H. B. NO. 1789 Page 2
the application for a handgun license, an d the required documents
are attached to the ap plication, including legible fingerprints, if
applicable;
2. "Concealed handgun" "Concealed firearm" means a loaded or
unloaded pistol or handgun firearm not openly visible to the
ordinary observation of a reasonable person;
3. "Unconcealed handgun" "Unconcealed firearm" or "open carry"
means a loaded or unloaded pistol or handgun firearm that is carried
upon the person in a holster where the firearm is vi sible, or
carried upon the person using a holster, scabbard, sling or case
designed for carrying fire arms; and
4. "Pistol" or "handgun" shall have the same definition as
provided in the Oklahoma Firearms Act of 1971, defined in Section
1289.3 of this title;
5. "Rifle" shall have the same definition as provided in
Section 1289.4 of this title; and
6. "Shotgun" shall have the same definition as provi ded in
Section 1289.5 of this title.
B. The definition of pistol or handgun for purposes of the
Oklahoma Self-Defense Act shall not apply to imitation pistols,
flare guns, underwater fishing guns or blank pis tols.
C. Pistols, handguns, rifles, shotguns, and all other lawful
firearms mentioned in the Okl ahoma Self-Defense Act may collectively
be referred to as "firearms".
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.4, is
amended to read as follows:
Section 1290.4
UNLAWFUL CARRY
As Except as provided by Section 1272 of this title, it is
unlawful shall be lawful for any person a citizen or lawful
permanent resident, who can lawfully purchase or possess a firearm
under state law, to carry or transport a concealed or unconce aled
handgun firearm in this state, except as hereby authorized by the ENR. H. B. NO. 1789 Page 3
provisions of the Oklahoma Self -Defense Act or as may otherwise be
provided by law.
SECTION 3. AMENDATORY 21 O.S. 202 1, Section 1290.7, is
amended to read as follows:
Section 1290.7
CONSTRUING AUTHORITY OF LICENSE
A. The authority to carry a concealed or unconcealed handgun
pursuant to a valid handgun license firearm as authorized by the
provisions of the Oklahoma Self -Defense Act shall not be c onstrued
to authorize any person to:
1. Carry or possess any weapon o ther than an authorized pistol
firearm as defined by the provisions of Section 1290.2 1289.3,
1289.4 or 1289.5 of this title;
2. Carry or possess any pistol firearm in any manner or in any
place otherwise prohibited by law;
3. Carry or possess any prohib ited ammunition or any illegal,
imitation or homemade pistol firearm in violation of state law;
4. Carry or possess any pistol firearm when the person is
prohibited by state or federal law from carrying or possessing any
firearm; or
5. Point, discharge o r use the pistol firearm in any manner not
otherwise authorized by law.
B. The availability of a license ability to carry a firearm
pursuant to the provisions of the Oklahoma Self -Defense Act shall
not be construed to prohibit the lawful transport or carr ying of a
handgun or pistol firearm in a vehicle or on or about the person,
whether concealed or unconcealed, loaded or unloaded, and without a
valid handgun license as permitted by law.
SECTION 4. AMENDATORY 21 O.S. 2021, Section 1290.8, is
amended to read as follows :
Section 1290.8
POSSESSION OF LICENSE REQUIRED ENR. H. B. NO. 1789 Page 4
NOTIFICATION TO POLICE OF GUN
A. Except as otherwise prohibited by law, an eligible person
shall have authority to carry a concealed or unconceale d handgun
firearm in this state when:
1. The person has been issued a handgun lic ense from the
Oklahoma State Bureau of Investigation pursuant to the provisions of
the Oklahoma Self-Defense Act, provided the person is in compliance
with the provisions of the Okla homa Self-Defense Act, and the
license has not expired or been subsequentl y suspended or revoked;
or
2. The person is twenty-one (21) years of age or older, and is
either:
a. active military, or
b. a member of the Reserve or National Guard to include
Drill Status Guard and Reserve, Active Guard Reserves
or Military Technicians,
and presents a valid military ident ification card that shall be
considered a valid handgun license issued authorized pursuant to the
Oklahoma Self-Defense Act provisions of Section 1272 of this t itle.
B. A person in possession of a valid state photo identification
card, driver license, or valid handgun license or who meets the
criteria and presents a valid military identifi cation card as
provided for in this section and is in compliance with the
provisions of the Oklahoma Self-Defense Act shall be authori zed to
carry such concealed or uncon cealed handgun firearm while scouting
as it relates to hunting or fishing or while hun ting or fishing.
C. The person shall be required to have possession of hi s or
her valid handgun license or, valid military identifica tion card as
provided for qualified persons in this section and a, valid driver
license, or state photo identification card at all times when in
possession of an authorized pistol a firearm. The person shall
display the either a valid handgun license or a, valid military
identification card, valid driver license, or valid state photo
identification card as provided for qual ified persons in this
section on demand of a law enforcement officer; provi ded, however,
that in the absence of reasonable and articula ble suspicion of other ENR. H. B. NO. 1789 Page 5
criminal activity, an individual carrying an unconcealed or
concealed handgun firearm shall not be disarmed or physically
restrained unless the individual fails to display a one of the
following:
1. A valid handgun license or a;
2. A valid military identification car d;
3. A valid driver license; or
4. A valid state photo ident ification card,
as provided for qualified persons in this section in response to
that demand. Any violation of the provisions of this subsection may
be punishable as a criminal offense as auth orized by Section 1272 of
this title or pursuant to any other a pplicable provision of law.
Upon the arrest of any person for a violation of the provisions
of this subsection, the person may show proof to the court that a
valid handgun license and the other required, a valid military
identification card, a valid driver license, or a valid state photo
identification card has been issued to such person and the perso n
may state any reason why the valid handgun license, a valid military
identification card, valid driver license, or valid state photo
identification card as provided for qualified persons in this
section or the other required ide ntification was not carried by the
person as required by the Oklahoma Self -Defense Act. The court
shall dismiss an allege d violation of Section 1272 of this title
upon payment of court costs, if proof of a valid handgun license and
other required, a valid military identification card, a valid driver
license, or valid state photo identification card is shown to the
court within ten (10) days of the arrest of the person. The court
shall report a dismissal of a charge to the Bureau for consideration
of administrative proceedings agai nst the licensee.
D. It shall be unlawful for any person to fail or refuse to
identify the fact that the person is in actual possession of a
concealed or unconcealed firearm pursuant to the authority of the
Oklahoma Self-Defense Act during the course of a ny arrest,
detainment, or routine traffic stop. Said identification to the law
enforcement officer shall be required upon the demand of by the law
enforcement officer. No person shall be required to identify
himself or herself as a handgun licensee or as lawfully in
possession of any other firearm if the law enfo rcement officer does ENR. H. B. NO. 1789 Page 6
not demand the information. No person shall be required to identify
himself or herself as a handgun licensee being in possession of a
firearm when no handgun firearm is in the possession of the person
or in any vehicle in which the pe rson is driving or is a passenger.
Any violator of the provisions of this subsection may be issued a
citation for an amount not exceeding One Hundred Dollars ($100.00).
E. Any law enforcement of ficer coming in contact with a person
whose handgun license is suspended, or revoked, or expired, or who
is in possession of a handgun license which has not be en lawfully
issued to that person, shall confiscate the license and return it to
the Oklahoma State Bureau of Investigation for appropriate
administrative proceedings against the licensee when the l icense is
no longer needed as evidence in any criminal pro ceeding.
F. Nothing in this section shall be construed to authorize a
law enforcement officer to inspect any weapon properly concealed or
unconcealed without probable cause that a crime has been co mmitted.
SECTION 5. AMENDATORY 2 1 O.S. 2021, Section 1290.24, is
amended to read as follows:
Section 1290.24
IMMUNITY
A. The state or any political subdivision of the state, as
defined in Section 152 of Title 51 of the Oklahoma Statu tes, and its
officers, agents and employees shall be immune from and not subject
to liability resulting or arising from:
1. Failure to prevent the licens ing of an individual for whom
the receipt of the license is unlawful pursuant to the provisions of
the Oklahoma Self-Defense Act or any other provision of law of this
state;
2. Any action or misconduct with a firearm committed by a
person pursuant to the provisions of the Oklahoma Self -Defense Act
or by any person who obtains a firearm;
3. Any injury to any person during a handgun firearm training
course conducted by a firearms instructor certified by the Council
on Law Enforcement Ed ucation and Training to conduct training under
the Oklahoma Self-Defense Act, or injury from any misfire or
malfunction of any handgun firearm on a training course firing range ENR. H. B. NO. 1789 Page 7
supervised by a certified firearms instructor under the provisions
of the Oklahoma Self -Defense Act, or any injury resulting from
carrying a concealed or unconc ealed handgun firearm pursuant to a
handgun license any firearms training ; and
4. Any action or fi nding pursuant to a hearing conducted in
accordance with the Administrative Procedures Act as req uired in the
Oklahoma Self-Defense Act.
B. Firearms instruc tors certified by the Council on Law
Enforcement Education and Training to conduct training for the
Oklahoma Self-Defense Act shall be immune from and not subject to
liability to third persons resulti ng or arising from any claim bas ed
on an act or omission of a trainee.
C. The provisions of this subsecti on shall not apply to claims
pursuant to the Admi nistrative Workers' Compensation Act.
SECTION 6. AMENDATORY 21 O.S. 2021, S ection 1290.25, is
amended to read as follows:
Section 1290.25
LEGISLATIVE INTENT
The Legislature finds as a matter of public policy and fact that
it is necessary to provide statewide uniform standards for issuing
licenses to carry carrying concealed or unconcealed handguns
firearms for lawful self-defense and self-protection, and further
finds it necessary to occupy the field of regulation of the bearin g
of concealed or unconcealed handguns firearms to ensure that no
honest, law-abiding citizen who qualif ies pursuant to the provisions
of the Oklahoma Self -Defense Act is subjectively or arbitrarily
denied his or her rights. The Legislature does not deleg ate to the
Oklahoma State Bureau of Investigation any authority to regulate or
restrict the issuing of h andgun licenses except as provided by the
provisions of this act the Oklahoma Self-Defense Act. Subjective or
arbitrary actions or rules which encumber the issuing process by
placing burdens on the applicant beyond those requirements detailed
in the provisions of the Oklahoma Self -Defense Act or which create
restrictions beyond those specified in this act the Oklahoma Self-
Defense Act are deemed to be in conflict with the intent of this act
the Oklahoma Self-Defense Act and are hereby prohibited. The
Oklahoma Self-Defense Act shall be liberally construed to carry out
the constitutional right to bear arms for self -defense and self- ENR. H. B. NO. 1789 Page 8
protection. The provisions of the Oklahoma Self-Defense Act are
cumulative to existing rights to bear arms and nothing in the
Oklahoma Self-Defense Act shall impair or diminish those righ ts.
However, the conditions that mandate the administrative actions
of license denial, suspension, revocation or an administrative fine
are intended to protect the health, safety and public welfar e of the
citizens of this state. The restricting conditions specified in the
Oklahoma Self-Defense Act generally involve the criminal history,
mental state, alcohol or substance abuse of the applicant or
licensee, a hazard of domestic violence, a danger t o police
officers, or the ability of the Oklahoma State Bure au of
Investigation to properly administer the Oklahoma Self -Defense Act.
The restricting conditions that establish a risk of injury or harm
to the public are tailored to reduce the risks to the benefit of the
citizens of this state.
SECTION 7. AMENDATORY 21 O.S. 2021, Section 1290.26, is
amended to read as follows:
Section 1290.26
RECIPROCAL AGREEMENT AUTHORITY
A. The State of Oklahoma shall hereby recognizes recognize any
valid concealed or unconcealed carry weapons permit, va lid military
identification card as provided for qualified persons in Section
1290.8 of this title or license issued by another state, or if the
state is a nonpermitting carry state, this state sh all reciprocate
under the permitting law of that state.
A. B. Any person entering this state in possession of a firearm
authorized for concea led or unconcealed carry upon the authority and
license of another state or, a valid military identification card , a
valid driver license, or a valid state photo identification card, as
provided for qualified persons in Section 1290.8 of this title , is
authorized to continue to carry a concealed or unconcealed firearm
and license in this state; provided the license fr om the other state
or, a valid military identification card , a valid driver license, or
a valid state photo identification card, as provided for qualified
persons in Section 1290.8 of this title, remains valid. The firearm
must either be carried unconcealed or concealed, and upon coming in
contact with any peace o fficer of this state, the person must
disclose the fact that he or she is in possession of a concealed or
unconcealed firearm pursuant to a valid concealed or u nconcealed ENR. H. B. NO. 1789 Page 9
carry weapons permit , license or a valid military ident ification
card as provided for qualified persons in Section 1290.8 of this
title issued in another state.
B. C. Any person entering who enters this state in possession
of a firearm authorized for concealed carry upon the authority of a
state that is a nonpermitted carr y state and the person is in
compliance with the Oklahoma Self -Defense Act, the person is shall
be authorized to carry a concealed or unconcealed firearm in this
state. The firearm must be carried fully conceale d, or unconcealed
and upon in compliance with the laws of th is state. When coming in
contact with any peace law enforcement officer of this state and
upon instruction from the law enforcement officer , the person must
disclose the fact that he or she is in possession of a concealed or
unconcealed firearm pursuant to the nonpermitting laws of the state
in which he or she is a legal resident. The per son shall present
proper identification by a valid photo ID as proof that he or she is
a legal resident in suc h a non-permitting state. The Department of
Public Safety shall keep a current list of non -permitting states for
law enforcement officers to conf irm that a state is nonpermitting.
C. D. Any person who is twenty -one (21) years of age or older
having a valid firearm license from another state may apply for a
handgun license in this state immediately upon establishing a
residence residency in this state.
SECTION 8. This act shall become effective November 1, 2023.
ENR. H. B. NO. 1789 Page 10
Passed the House of Represe ntatives the 23rd day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 26th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Sec retary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________