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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2015 By: Ranson
AS INTRODUCED
An Act relating to protective orders; creating the
Oklahoma Extreme Risk Protecti ve Order Act; defining
terms; providing procedures for f iling petition for
firearms restraining order; prohibiting assessment of
filing fee; declaring jurisdiction of courts;
providing procedures for serving summo ns and notice
of hearings; authorizing requ ests for ex parte orders
and emergency hearings for fire arms restraining
orders; providing guidelines and procedures for
filing and issuing emergency firearms restraining
orders; providing for the seizure of firea rms and
handgun licenses upon finding of pr obable cause;
stating parameters of firearms restraining order;
providing procedures for the return of firearms and
handgun license upon expiration of order; authorizing
transfer of firearms under certain circumst ances;
providing for six-month restraining orders under
certain circumstances; establishing guideli nes and
procedures; making certain acts unlawful; directing
court to consider certain evidence prior to issuing
order; authorizing issuance of search warrant s;
stating parameters of six -month restraining order;
providing procedures for the return of firear ms and
handgun licenses upon expiration of order;
authorizing transfer of firearms under certain
circumstances; providing for the dissolution of
emergency firearms restraining order ; allowing
subject of order to request termination hearing;
providing procedures for termination hearing
requests; directing court clerks to enter order on
records of the court and file copies with certai n
entities; directing sheriff or law enforc ement to
serve order upon respon dent; directing sheriffs and
law enforcement to subm it documents to the Oklahoma
State Bureau of Investigation; requiring Bureau to
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maintain records of firearms restraining orders;
authorizing out-of-state orders to be filed by court
clerks; making certain acts unlawful; providing
penalty; permitting law en forcement to remove weapons
when deemed appropriate; providing exemption from
civil liability; providing an exception; authorizin g
the expungement of firearms restraining o rders under
certain circumstance s; repealing 21 O.S. 2021,
Sections 1289.24b and 128 9.24c, which relates to the
Anti-Red Flag Act; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62 of Title 22, unless there is
created a duplication in numbering, reads as follows:
Sections 1 through 14 of this act shall be known an d may be
cited as the "Oklahoma Extreme Risk Protective Order Act".
SECTION 2. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 62.1 of Title 22, unless there
is created a duplication in numbering, rea ds as follows:
As used in this act:
1. "Family or household members " means:
a. spouses,
b. ex-spouses,
c. present spouses of ex -spouses,
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d. parents, including grandparents, stepparents, adoptive
parents, and foster parents,
e. children, including grandchil dren, stepchildren,
adopted children, and foster children,
f. persons otherwise rel ated by blood or marriage,
g. persons living in the sa me household or who formerly
lived in the same household, and
h. persons who are the biological parents of the same
child, regardless of their marital status, or whether
they have lived together at any time. This shall
include the elderly and handicapped;
2. "Firearms restraining order " means an order issued by the
court, prohibiting and enjoining a named person from havi ng in his
or her custody or co ntrol, purchasing, possessing or receiving any
firearms;
3. "Intimate partner" means a person with whom t he respondent
has a courtship or engagement relationship. For purposes of this
act, a casual acquaintance or ordinary f raternization between
persons in a business or social context shall not constitute a
courtship or engagement relationship;
4. "Petitioner" means:
a. intimate partner or a family or household member of
the respondent as defined in this act, or
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b. a law enforcement officer, who files a petition
alleging that the respon dent poses a danger of causing
personal injury to himself, herself, or another by
having in his or her cus tody or control a firearm or
the respondent is purchasing, possessing, or receiving
a firearm; and
5. "Respondent" means the person alleged in the pe tition to
pose a danger of causing personal injury to himself, herself, or
another by having in his or her custody or control a firearm or by
purchasing, possessing, or receiving a firearm.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.2 of Title 22, unless there
is created a duplication i n numbering, reads as follows:
A. Actions for a firearms restraining order are commenced by
filing a verified petiti on for a firearms restraining ord er in any
district court.
B. A petition for a firearms restraining order may be filed in
any county where the respondent resides.
C. No fee shall be charged by the clerk for filing, amending,
vacating, certifying, or phot ocopying petitions or orders. Nor
shall any fee be charged for issuing alias summons es or for any
related filing service.
D. No fee shall be charged by the sheriff or other law
enforcement for service by the sheriff or other law enforcement of a
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petition, rule, motion, or order in an ac tion commenced under the
provisions of this act .
E. The court shall provide, through the office of the court
clerk, simplified forms and clerical assistance to help with the
writing and filing of a petition under this act by any person not
represented by counsel. In addition, that assistance may be
provided by the office of the district a ttorney.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.3 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. Each of the district courts shall have the power to issue
firearms restraining orders.
B. The district courts of this state have jurisdiction to bind
state residents and non residents having minimum contacts wi th this
state.
C. The summons shall require respondent to answer or appear
within seven (7) days. Attachments to the summons or notice shall
include the petition for the firearms restraining order and
supporting affidavit s, if any, and any emergency fire arms
restraining order that has been issued. The enforcement of an order
under Section 5 of this act shall not be affected by the lack of
service, delivery, or notice, provided the requirements of
subsection F of Section 5 of this act are otherwise met.
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D. Except as provided in subsection C of this section , notice
of hearings on petitions or motions shall be served in accordance
with Title 12 O.S., Rule 2 of the District Courts, unless notice is
excused by Section 5 of thi s act, or by the Code of Civil Pr ocedure,
Supreme Court rules, or local rules.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.4 of Title 22, unless there
is created a duplication in num bering, reads as follows:
A. A petitioner may request an emergency firearms restraining
order by filing an affidavit or verified pleading alleging that the
respondent poses an immediate and present danger of causing personal
injury to himself, herself, or another by having in his or her
custody or control a firearm or by purchasing, possessing, or
receiving a firearm. The petition shall als o describe the type and
location of any firearm or firearms presently believed by the
petitioner to be possessed or c ontrolled by the respondent.
B. If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an inti mate partner, or
an intimate partner is alleged to have been the target of a threat
or act of violence by the respond ent, petitioner shall make a good -
faith effort to provide notice to any and all intimate partners of
the respondent. The notice must inclu de that the petitioner intends
to petition the court for an emergency firearms restraining order,
and, if petitioner is a law enforcement officer, ref erral to
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relevant domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to having
provided the notice in the filed affidavit or verified pleading. If
after making a good-faith effort petitioner is una ble to provide
notice to any or all intimate partners, the affidavit or verified
pleading should describe what efforts were made.
C. Every person who files a petition for an emergency firearms
restraining order, knowing th e information provided to the cou rt at
any hearing or in the affidavit or verified pleading to be false, is
guilty of perjury under Section 491 of Title 21 of the Oklahoma
Statutes.
D. An emergency firearms restraining order shall be issued on
an ex parte basis, that is, without notice t o the respondent.
E. An emergency hearing held on an ex parte basis shall be held
the same day that the petit ion is filed or the next day that the
court is in session.
F. 1. If a judge finds probable cause to believe tha t the
respondent poses an immedia te and present danger of causing personal
injury to himself, herself, or another by having in his or her
custody or control a firearm or by purchasing, possessing, or
receiving a firearm the judge shall issue an emergency o rder.
Furthermore, the court shall provide the respondent with information
and resource options for community -based mental health treatment.
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2. If the court issues an emergency firearms restraining order,
it shall, upon a finding of probable cause that t he respondent
possesses firearms, issue a search warrant directing a law
enforcement agency to seize the firearms of the respondent. The
court may, as part of that warrant, direct the law enforcement
agency to search the residence of the respondent and other places
where the court finds there is probable cause to believe he or she
is likely to possess the firearms.
G. An emergency firearms rest raining order shall require:
1. The respondent to refrain from having in his or her custody
or control a firearm or from purchasing, possessing, or receiving
additional firearms for the duration of the order; and
2. The respondent to turn over to the loc al law enforcement
agency any handgun license issued pursuant to the Oklahoma Self -
Defense Act in his or her possession. The local law enforcemen t
agency shall immediately mail the handgun license to the Oklahoma
State Bureau of Investigation for safekeeping. The firearm and
handgun license, if unexpired, shall be returned to the respondent
after the firearms restr aining order is terminated or exp ired.
H. 1. Except as otherwise provided in paragraph 2 of this
subsection, upon expiration of the period of safekeeping, if the
firearm or handgun license cannot be returned to respondent because
respondent cannot be loc ated, the respondent fails to respond to
requests to retrieve the firearms, or the respondent is not lawfully
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eligible to possess a firearm, up on petition from the local law
enforcement agency, the court may order the local law enforcement
agency to destroy the firearm, use the firearm fo r training
purposes, or for any other application as deemed appropriate by the
local law enforcement agency.
2. A respondent may petition the court, if the petitioner is
present in court or has notice of the petition, to transfer the
firearm of the respondent to a person who is lawfully able to
possess the firearm if the person does not reside at the same
address as the respondent. Notice of the petition shall be served
upon the person protected by the e mergency firearms restraining
order. While the order is in effect, the transferee who receives
the firearm of the respondent must swear or affirm by affidavit that
he or she shall not transfer the firearm to the respondent or to
anyone residing in the sam e residence as the respondent.
3. If a person other than the responden t claims title to any
firearm surrendered under this section, he or she may petition the
court, if the petitioner is present in court or has notice of the
petition, to have the firearm returned to him or her. If the court
determines that person to be the lawful owner of the firearm, the
firearm shall be returned to him or her, provided that:
a. the firearm is removed from the custody, control, or
possession of the respondent and the lawful owner
agrees to store the firearm in a manner such that the
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respondent does not have access to or control of the
firearm, and
b. the firearm is not otherwise unlawfully possessed by
the owner.
4. The person petitioning for th e return of his or her fir earm
must swear or affirm by affidavit that he or she:
a. is the lawful owner of the firearm ,
b. will not transfer the firearm to the respondent , and
c. will store the firearm in a manner that the respondent
does not have access t o or control of the firear m.
I. In accordance with subsection E of this section, the court
shall schedule a full hearing as soon as pos sible, but no longer
than fourteen (14) days from the issuance of an ex parte firearms
restraining order, to determine i f a six-month firearms restraining
order shall be issued. The court may extend an ex parte order as
needed, but not to exceed fourteen (14) days, to effectuate service
of the order or if necessary to continue protection. The court may
extend the order for a greater length of time by mutual agreement of
the parties.
SECTION 6. NEW LAW A new section of law to be cod ified
in the Oklahoma Statutes as Section 62.5 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. A petitioner may request a six-month firearms restraining
order by filing an affida vit or verified pleading alleging that the
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respondent poses a significant danger of causing personal injury to
himself, herself, or another in the near future by having in his or
her custody or control a firearm or by purchasing, possessing, or
receiving a firearm. The petition shall also desc ribe the number,
types, and locations of any firearms presently believed by the
petitioner to be possessed or controlled by the respondent.
B. If the respondent is alleged to pose a significant danger of
causing personal injury to an intimate partner, or an intimate
partner is alleged to have been the target of a threat or act of
violence by the respondent, petitioner shal l make a good-faith
effort to provide notice to any and all intimate partners of the
respondent. The notice must include that the petit ioner intends to
petition the court for a six-month firearms restraining order, and,
if petitioner is a law enforcement officer, referral to relev ant
domestic violence or stalking advocacy or counseling resources, if
appropriate. The petitioner shall attest t o having provided the
notice in the filed affidavit or verified pleading. If after making
a good-faith effort petitione r is unable to provide notice to any or
all intimate partners, the affidavit or verified plea ding should
describe what efforts were made .
C. Every person who files a petition for a six-month firearms
restraining order, knowing the information provided to the court at
any hearing or in the affidavit or verified pleading to be false, is
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guilty of perjury under Section 491 of Title 21 of the Oklahoma
Statutes.
D. Upon receipt of a petition for a six-month firearms
restraining order, the court shall order a h earing within thirty
(30) days.
E. In determining whether to issue a firearms restraining or der
under this section, the court shall con sider evidence including, but
not limited to, the following:
1. The unlawful and reckless use, display, or brandishing of a
firearm by the respondent;
2. The history of use, attempted use, or threatened use of
physical force by the respondent against ano ther person;
3. Any prior arrest of the respondent for a felony offense;
4. Evidence of the abuse of controlled substa nces or alcohol by
the respondent;
5. A recent threat of violence or act of violence by the
respondent directed towa rd himself, herself, or another;
6. A violation of an emergency order of protection or order of
protection issued under the Protection from Domestic Abuse Act; or
7. A pattern of violent acts or violent threats including, but
not limited to, threats of violence or acts of violence by the
respondent directed toward himself, herself, or another.
F. At the hearing, the petitioner shall have t he burden of
proving by clear and convincing evidence that the respondent poses a
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significant danger of personal injury to himself, hers elf, or
another by having in his or her custody or control a firearm, or by
purchasing, possessing, or receiving a firea rm.
G. If the court finds that there is clear and convincing
evidence to issue a firearms re straining order, the court shall
issue a firearms restraining order that shall be in effect for six
(6) months subject to renewal or termination under Section 7 of this
act. Furthermore, the court shall provide the respondent with
information and resource options for community -based mental health
treatment. If the court issues a six-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant directing a
law enforcement agency to seize the firearms of the respondent. The
court may, as part of that warrant, direct the law enforcement
agency to search the residence of the respondent and other places
where the court finds there is probable cause to believe he or she
is likely to possess the firearms.
H. A six-month firearms restraining order shall require:
1. The respondent to refrain from having in his or her custody
or control a firearm, or from purchasing, possessing or receiving
additional firearms for the duration of the ord er; and
2. The respondent to turn over to the local law enforcement
agency any firearm or handgun license issued pursuant to the
Oklahoma Self-Defense Act in his or her possession. The local law
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enforcement agency shall immediately mail the handgun license to the
Oklahoma State Bureau of Investig ation for safekeeping. The firearm
and handgun license, if unexpired , shall be returned to the
respondent after the fir earms restraining order is terminated or
expired.
I. 1. Except as otherwise provided in paragraph 2 of this
subsection, upon expiratio n of the period of safekeeping, if the
firearm or handgun license cannot be returned to respondent because
respondent cannot be located, the respondent fails to respond to
requests to retrieve the firearm , or the respondent is not lawfully
eligible to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law enforcement
agency to destroy the firearm, use the firearm for training
purposes, or for any other application as deemed appropriate by the
local law enforcement agency.
2. A respondent may petition the court, if the peti tioner is
present in court or has notice of the petition, to transfer the
firearm of the respondent to a person who is lawfully able to
possess the firearm if the person does not reside at the same
address as the respondent. Notice of the petition shall be served
upon the person protected by the emergency firearms restraining
order. While the order is in effect, the transferee who receive s
the firearm of the respondent must swear or affirm by affidavit that
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he or she shall not transfer the firearm to the r espondent or to
anyone residing in the same residence as the respondent.
3. If a person other than the respondent claims title to any
firearms surrendered under this section, he or she may petition the
court, if the petitioner is present in court or has notice of the
petition, to have the firearm returned to him or her. If the court
determines that person to be the lawful owner of the f irearm, the
firearm shall be returned to him or her, provided that:
a. the firearm is removed from the custody, control, or
possession of the respondent and the lawful owner
agrees to store the firearm in a manne r such that the
respondent does not have acc ess to or control of the
firearm, and
b. the firearm is not otherwise unlawfully possessed by
the owner.
4. The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he o r she:
a. is the lawful owner of the firearm ,
b. will not transfer the firearm to the respondent , and
c. will store the firearm in a manner that the respondent
does not have access to or control of the firearm.
J. If the court does not issue a firearms re straining order at
the hearing, the court sh all dissolve any emergency firearms
restraining order then in effect.
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K. When the court issues a firearms restraining o rder under
this section, the court shall inform the respondent that he or she
is entitled to one hearing during the period of the order to request
a termination of the order, under Section 7 of this act, and shall
provide the respondent with a form to requ est a hearing.
SECTION 7. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 62.6 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. A person subject to a firearms res training order issued
under this act may submit one written request at any time during the
effective period of the order for a hearing t o terminate the order.
1. The respondent shall have the burden of proving by a
preponderance of the evidence that the r espondent does not pose a
danger of causing personal injury to himself, herself, or another in
the near future by having in his or her c ustody or control a
firearm, or by purchasing, possessing, or receiving a firearm.
2. If the court finds after the hear ing that the respondent has
met his or her burden, the court shall terminate the order.
B. A petitioner may request a renewal of a fire arms restraining
order at any time within the three (3) months before the expiration
of a firearms restraining order.
1. A court shall, after notice and a hearing, renew a firearms
restraining order issued under this section if the petitioner
proves, by clear and convincing evidence, that the respondent
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continues to pose a danger of causing personal injury to himself,
herself, or another in the near future by having in his or her
custody or control a firearm, or by purchasing, possessing, or
receiving a firearm.
2. In determining whether to renew a firearms restraining order
issued under this act, the court shall consider evidence of the
facts identified in subsection E of Section 6 of this act and any
other evidence of an increased risk for violence.
3. At the hearing, the petitioner shall have the burden of
proving, by clear and convincing evidence , that the respondent
continues to pose a danger of causing personal injury to himself,
herself, or another in the near future by having in his or her
custody or control a firearm, or by purchasing, possessing, or
receiving a firearm.
4. The renewal of a firearms restraining or der issued under
this section shall be in effect for six (6) months, subject to
termination by further order of the court at a hearing h eld under
this section and further renewal by further ord er of the court under
this section.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.7 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. Upon issuance of any firearms restraining order, the clerk
shall immediately, or on the next court day if an emergency firearms
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restraining order is issued in accordanc e with Section 5 of this
act:
1. Enter the order on the record and file it in accordance with
the district court procedures; and
2. Provide a file-stamped copy of the order to respondent, if
present, and to petitioner.
B. The clerk shall, or the petitio ner may, on the same day that
a firearms restraining order is issued, file a certified copy of
that order with the sheriff or other law enforcement officials
charged with maintaining law enforcement records or charged with
serving the order upon respondent . If the order was issued in
accordance with Section 5 of this act, the clerk shall on the next
court day, file a certified copy of the order with the sheriff or
other law enforcement officials charged with maintaining law
enforcement records.
C. Unless respondent was present in court when the ord er was
issued, the sheriff or other law enforcement official shall promptly
serve that order upon respondent and file pr oof of the service, in
the manner provided for service of process in civil proceedings.
D. Any order renewing or terminating any firear ms restraining
order shall be promptly recorded, issued, and served as provided in
this section.
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SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.8 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. All sheriffs shall furnish to the Oklahoma State Bureau of
Investigation, daily, in the form and detail the Bureau requires,
copies of any recorded firearms restrai ning order issued by the
court and transmitted to the sheriff by the court clerk under
Section 8 of this act. Each firearms restraining order shall be
entered in the Uniform Crime Reporting System on the same day it is
issued by the court. If an emergency firearms restraining order was
issued in accordance with Section 5 of this act, the order shall be
entered in the Uniform Crime Reporting System as soon as possible
after receipt from the clerk.
B. The Oklahoma State Bureau of Investigation shall maintain a
complete and systematic record and inde x of all valid and recorded
firearms restraining orders issued or filed under this act. The
data shall be used to infor m all dispatchers and law enforcement
officers at the scene of a violation of the firearms restraining
order of the effective dates and term s of any recorded order of
protection.
C. The data, records, and transmittals required under this
section shall pertain to any valid emergency or six-month firearms
restraining order, whether issued in a civ il or criminal proceeding
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or authorized under the laws of another state, tribe, or United
States territory.
SECTION 10. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 62.9 of Title 22 , unless there
is created a duplication in numbering, reads as fol lows:
A. A person who has sought a firearms restraining order or
similar order issued by the court of another state, tr ibe, or United
States territory may file a certified copy of the firearms
restraining order with the court clerk in a judicial district in
which the person believes that enforcement may be necessary.
B. The clerk shall:
1. Treat the foreign firearms rest raining order in the same
manner as a judgment of the district court for any county of this
state in accordance with the provisions of t he Uniform Enforcement
of Foreign Judgments Act, except that the clerk shall not mail
notice of the filing of the foreig n order to the respondent named in
the order; and
2. On the same day that a foreign fi rearms restraining order is
filed, file a certifi ed copy of that order with the sheriff or other
law enforcement officials charged with maintaining law enforcement
records as set forth in Section 9 of this act.
C. Neither residence in this state nor filing of a foreign
firearms restraining order shall b e required for enforcement of the
order by this state. Failure to file the foreign order shall not be
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an impediment to its treatment in all respects as an Oklahoma
firearms restraining order.
D. The clerk shall not charge a fee to file a foreign firearms
restraining order under this section.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.10 of Title 22 , unless there
is created a duplicat ion in numbering, reads as follows:
A respondent who knowingly violates a firearms restraining order
is guilty of a misdemeanor. Prosecution for a violation of a
firearms restraining order shall not bar concurrent prosecution for
any other crime, includin g any crime that may have been committed at
the time of the violation of the firearms restraining order.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.11 of Title 22 , unless there
is created a duplication in numbering, reads as follo ws:
Nothing in this act shall preclude a petitioner or law
enforcement officer from removing weapons under other authori ty, or
filing criminal charges when probable cause exists.
SECTION 13. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 62.12 of Title 22, unless there
is created a duplication in numbering, reads as fo llows:
Any act of omission or commission by any law enforcement officer
acting in good faith in rendering emergency assistance or otherw ise
enforcing this act shall not impose civil liability upon the law
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enforcement officer or his or her supervisor or emp loyer, unless the
act is a result of willful or wanton misconduct.
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.13 of Title 22, unless there
is created a duplication in numbering, rea ds as follows:
If the court denies issuance of a firearms restraining order
against the respondent, all records of the proceeding shall be
immediately expunged from the court records. If the firearms
restraining order is granted, all records of the procee ding shall,
three (3) years after the expiration of the firearms restraining
order, be sealed.
SECTION 15. REPEALER 21 O.S. 2021, Sections 1289.24b and
1289.24c, are hereby repealed.
SECTION 16. This act shall become effective November 1, 2023.
59-1-5025 GRS 01/17/23