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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2155 By: West (Kevin)
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1289.25, which relates to the Oklahoma
Firearms Act of 1971; clarifying immunity provision
for persons asserting claims of self-defense;
authorizing defendants to file motions to dismiss
charges under certain circumstances; granting
defendants the right to file interlocutory appeals
after adverse rulings made by the court; p roviding
parameters for appeal hearings; directing judges to
enter certain order at conclusion of appeal hearings;
providing burden-of-proof standard when claim of
self-defense is raised in criminal prosecutions;
amending 22 O.S. 2021, Sections 1053, as amended by
Section 2, Chapter 209, O.S.L. 2022 (22 O.S. Supp.
2022, Section 1053) and 1089.1, which relate to
appeals taken by the state or municipality;
authorizing appeals by the state or municipalities
under certain circumstances; granting the state the
right to appeal certain adverse rulings or orders;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.25, is
amended to read as follo ws:
Section 1289.25
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
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A. The Legislature hereby recognizes that the citizens of the
State of Oklahoma have a right to expect absolut e safety within
their own homes, places of business or places of worship and have
the right to establish po licies regarding the possession of weapons
on property pursuant to the provisions of Section 1290.22 of this
title.
B. A person, regardless of official capacity or lack of
official capacity, wi thin a place of worship or a person, an owner,
manager or employee of a business is presumed to have held a
reasonable fear of imminent peril of death or great bodily harm to
himself or herself or another when using defensive force that is
intended or likely to cause death or great bodily har m to another
if:
1. a. The person against whom the defensive force was used
was in the process of unlawfully and forcefully
entering, or had unlawfully and forcibly entered, a
dwelling, residence, occupied vehicle, plac e of
business or place of worship, or if that person had
removed or was attempting to remove another against
the will of that person from the dwelling, residence,
occupied vehicle, place of business or place of
worship.
b.
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2. The person who uses defensive for ce knew or had reason to
believe that an unlawful and for cible entry or unlawful and forcible
act was occurring or had occurred; or
2. 3. The person who uses defensive force knew or had a
reasonable belief that the person against whom the defensive force
was used entered or was attempti ng to enter into a dwelli ng,
residence, occupied vehicle, place of business or place of worship
for the purpose of committing a forcible felony, as defined in
Section 733 of this title, and that the defensive force was
necessary to prevent the commission o f the forcible felony.
C. The presumption set forth in subsection B of this section
does not apply if:
1. The person against whom the defensive force is used has the
right to be in or is a lawful resident of the dwelling, res idence,
or vehicle, such as a n owner, lessee, or title holder, and there is
not a protective order from domestic violence in effect or a written
pretrial supervision order of no contact against that person;
2. The person or persons sought to be removed are children or
grandchildren, or are otherwise in the la wful custody or under the
lawful guardianship of, the person against whom the defensive force
is used; or
3. The person who uses defensive force is engaged in an
unlawful activity or is using the dwell ing, residence, occupied
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vehicle, place of business or place of worship to further an
unlawful activity.
D. A person who is not engaged in an unlawful activity and who
is attacked in any other place where he or she has a right to be has
no duty to retreat and has the right to stand h is or her ground and
meet force with force, including deadly force, if he or she
reasonably believes it is necessary to do so to prevent death or
great bodily harm to himself or herself or another or to prevent the
commission of a forcible felony.
E. A person who unlawfully and b y force enters or attempts to
enter the dwelling, residence, occupied vehicle of another person,
place of business or place of worship is presumed to be doing so
with the intent to commit an unlawful a ct involving force or
violence.
F. 1. A person who uses defensive force, as permitted pursuant
to the provisions of subsections A, B, D and E of this section, is
justified in using such defensive force and is immune from shall not
be subject to criminal prosecution and civil action for the use of
such defensive force, unless the force is determi ned to be unlawful.
2. At least ten (10) days prior to the preliminary hearing in a
case where a defendant has been charged and is subject to criminal
prosecution for the unlawful use of defe nsive force, the defendan t
may file a motion to dismiss the charges based on a claim tha t under
the provision of this section, the defendant is not subject to
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criminal prosecution. If the court denies the motion to dismiss,
the defendant shall have the ri ght to file an interlocut ory appeal
on the ruling made by the court to the district court judge or
associate district court judge having jurisdiction over the case.
3. The appeal hearing before the district court judge or
associate district court judge sh all address whether the d efensive
force used by the defendant was unlawful or justified and permitted
pursuant to the provisions of this section.
4. If, after the appeal hearing, the district court judge or
associate district court judge concludes that th e defensive force
used was justified and permitted under the provisions of this
section, the judge shall enter an order with findings that the
defendant is not subject to criminal prosecution and that criminal
charges and proceedings shall be dismissed wit h prejudice.
5. If, after the appeal hearing, the district c ourt judge or
associate district court judge concludes that the defensive force
used was not justified and was thereby unlawful, the judge shall
enter an order binding the defendant over for tria l.
6. Once a prima facie claim of justified self -defense has been
raised by the defendant, the State of Oklahoma shall be required to
prove by clear and convincing evidence that the defensive force used
was not justified and was thereby unlawful.
7. As used in this subsection, t he term "criminal prosecution "
includes charging or prosecuting the defendant.
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G. A law enforcement agency may use standard procedures for
investigating the use of defensive force, but th e law enforcement
agency may not arrest the person for using defensi ve force unless it
determines that there is probable cause that the defensive force
that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs,
compensation for loss of income, and all expenses incu rred by the
defendant in defense of any civil action brought by a plaintiff if
the court finds that the defendant is immune from not subject to
criminal prosecution as provided in subsection F of this section.
I. The provisions of this section and the provisions of the
Oklahoma Self-Defense Act shall not be construed to require any
person using a weapon pursuant to the provisions of this section to
be licensed in any manner.
J. A person pointing a weapon at a perpetrator in self -defense
or in order to thwart, stop or deter a forc ible felony or attempted
forcible felony shall not be deemed guilty of committing a criminal
act.
K. As used in this section:
1. "Defensive force" includes, but shall not be limited to,
pointing a weapon at a p erpetrator in self-defense or in order to
thwart, stop or deter a forcible felony or attempted forcible
felony;
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2. "Dwelling" means a building or conveyance of any kind,
including any attached porch, whether the building or conveyance is
temporary or permanent, mobile or immobile, which has a roof over
it, including a tent, and is designed to be occupied by people;
3. "Place of worship" means:
a. any permanent building, structure, facility or office
space owned, leased, rented or borrowed, on a full -
time basis, when used for worship services, activ ities
and business of the congregation, which may include,
but not be limited to, churches, temples, synagogues
and mosques, and
b. any permanent building, structure, facility or office
space owned, leased, rente d or borrowed for use on a
temporary basis, when used for worship services,
activities and business of the congregation including
which may include, but is not limited to, churches,
temples, synagogues and mosques;
4. "Residence" means a dwelling in which a person resides
either temporarily or perm anently or is visiting as an invited
guest; and
5. "Vehicle" means a conveyance of any kind, whether or not
motorized, which is designed to transport people or property.
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SECTION 2. AMENDATORY 22 O.S. 2 021, Section 1053, as
amended by Section 2, Chapter 209, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 1053), is amended to read as follows:
Section 1053. Appeals to the Court of Criminal Appeals may be
taken by the state or a municipality in the fo llowing cases only:
1. Upon judgment for the defendant on quashing or setting aside
an indictment or information;
2. Upon an order of the cou rt arresting the judgment;
3. Upon a question reserved by the state or a municipality;
4. Upon judgment for the defendant on a motion to quash for
insufficient evidence in a felony matter;
5. Upon a pretrial order, decision, or judgment suppressing or
excluding evidence where appellate revie w of the issue would be in
the best interests of justice ;
6. Upon a pretrial order, decision or judgment suppressin g or
excluding evidence in cases alleg ing violation of any provisions of
Section 13.1 of Title 21 of the Oklahoma Statutes ; and
7. Upon an order, decision or judgment finding that a defendant
is immune from or not subject to criminal prosecution; and
8. Upon a pretrial order, decision or judg ment finding that a
defendant is not subject to criminal prosecution under the
provisions of Section 1289.25 of Title 21 of the Oklahoma Statutes .
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Priority shall be given to appeals tak en pursuant to paragraph
5, 6, or 7 of this section, and an order staying proceedings shall
be entered pending the outcome of the appeal.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 1089.1, is
amended to read as follows:
Section 1089.1 The State of Oklahoma, by and through the
district attorney or Attorney General, shall have the right to
appeal an adverse ruling or order of a magistrate sustaining:
1. Sustaining a motion to suppress evi dence, quashing;
2. Quashing an information, sustaining;
3. Sustaining a plea to the jurisdiction of the court , failing;
4. Failing to find prosecutive merit in a hearing pursuant to
Section 2-2-403 of Title 10A of the Oklahoma Statutes , sustaining;
5. Sustaining a demurrer to the informatio n, binding;
6. Binding the defendant over for trial on a charge other than
the charge for the original offense , or discharging;
7. Discharging a defendant at the preliminary examination
because of insufficiency of the evidence to establish either that a
crime has been committed or that there is probable cause to believe
that the accused has committed a felony ; or
8. Discharging a defendant on a fi nding that the defendant is
not subject to criminal prosecution under t he provisions of Section
1289.25 of Title 21 of the Oklahoma Statutes .
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Such an appeal shall be taken in accordance with the procedures
provided in this act.
SECTION 4. This act shall become effective November 1, 2023.
59-1-5174 GRS 11/14/22