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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2155 By: West (Kevin)
COMMITTEE SUBSTITUTE
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 and the state to appeal
adverse rulings made by the court; 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 follows:
Section 1289.25
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A. The Legislature hereby recogniz es 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
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the right to establish po licies regarding the possession of weapons
on property pursuant to the pr ovisions 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 harm 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 fr om the dwelling, residence,
occupied vehicle, place of business or place of
worship.
b.
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; o r
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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 attempting to enter into a dwelli ng,
residence, occupied vehicle, place of business o r 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 of 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 an owner, lessee, or title holder, and there is
not a protective order from dom estic violence in eff ect 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, th e 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
vehicle, place of business or place of worship to further an
unlawful activity.
D. A person who is no t engaged in an unlawful activity and who
is attacked in any other place where he or she has a right to be has
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no duty to retreat and has the right to stand his 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, re sidence, occupied veh icle 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. 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 and shall
not be subject to criminal prosecution and civil action for the use
of such defensive force. As used in this subsection, t he term
"criminal prosecution" includes charging or prosecuting the
defendant.
1. A defendant who is denied immu nity under the provisions of
this subsection may appeal the ruling to the Court of Criminal
Appeals pursuant to Section 1051 of Title 22 of the Oklahoma
Statutes.
2. If the district court grants immunity under the provisions
of this subsection, the state may appeal the ruling to the Court of
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Criminal Appeals pursuant to Se ction 1053 of Title 22 of the
Oklahoma Statutes.
G. A law enforcement agency may us e 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 incurred by the
defendant in defense of any civil action brought by a plaintiff if
the court finds that the defendant is immune from and 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
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thwart, stop or deter a forcible felony or attempted forcible
felony;
2. "Dwelling" means a building or conveya nce 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, struc ture, 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, synagogue s
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 de signed to transport people or property.
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SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
03/01/2023 - DO PASS, As Amended.