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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2432 By: Lowe (Jason)
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1283, as amended by Section 1, Chapter 299,
O.S.L. 2022 (21 O.S. Supp. 2022, Section 1283), which
relates to the possession of firearms by convicted
felons and delinquents; prohibiting certain persons
from using, purchasing, or possessing firearms; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1283, as
amended by Section 1, Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2022,
Section 1283), is amended to read as follows:
Section 1283.
CONVICTED FELONS AND DELINQUENTS
A. Except as provided in subsection B of this section, it shall
be unlawful for any person co nvicted of any felony in any court of
this state or of another state or of the Unit ed States to have in
his or her possession or under his or her immediate control, or in
any vehicle which the person is operating, or at the residence where
the convicted person resides, any pistol, imitation or h omemade
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pistol, altered air or toy pistol, machine gun, sawed-off shotgun or
sawed-off rifle, or any other firearm.
B. Any person who has previous ly been convicted of a nonviolent
felony in any court of this state or of another s tate or of the
United States, and who has received a full and complete pardon from
the proper authority and has not been convicted of any other felony
offense which has not been pardoned, shall have restored the right
to possess any firearm or other weapon prohibited by subsection A of
this section, the right to apply for and carry a handgun, concealed
or unconcealed, pursuant to the provisions of the Oklahoma Self-
Defense Act or as otherwise permitted by law, and have the right to
perform the duties of a peace officer, gunsmith, and for firearms
repair.
C. It shall be unlawful for any person serving a term of
probation for any felony in any cou rt of this state or of another
state or of the United States or under the jurisdiction of any
alternative court program to have in his or her possession or under
his or her immediate control, or at his or her residence, or in any
passenger vehicle which th e person is operating, any pistol, shotgun
or rifle including any imitat ion or homemade pistol, altered air or
toy pistol, toy shotgun or toy rifle, while such person is subject
to supervision, probation, parole or inmate status.
D. It shall be unlawful for any person previously adjudicated
as a delinquent child or a youth ful offender for the commission of
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an offense, which would have constituted a felony offense if
committed by an adult, to have in the possession of the person or
under the immediate control of the person, or have in any vehicle
which he or she is driving , or at the residence of the person, any
pistol, imitation or homemade pistol, altered air or toy pistol,
machine gun, sawed-off shotgun or sawed-off rifle, or any other
dangerous or deadly firearm within ten (10) years after such
adjudication; provided, that nothing in this subsection shall be
construed to prohibit the placement of the person in a home with a
full-time duly appointed peace officer who is certified by the
Council on Law Enforcement Education and Training (CLEET) pursuant
to the provisions of Section 3311 of Title 70 of the Oklahoma
Statutes.
E. It shall be unlawful for any person who is an alien
illegally or unlawfully in the Uni ted States to have in the
possession of the person or under the immediate control of the
person, or in any vehicle the person is operating, or at the
residence where the person resides, any pistol, imitation or
homemade pistol, altered air or toy pistol, s hotgun, rifle or any
other dangerous or dead ly firearm; provided, that nothing in this
subsection applies to prohibit the tra nsport or detention of the
person by law enforcement officers or federal immigration
authorities. Any person who violates the prov isions of this
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subsection shall, upon convic tion, be guilty of a misdemeanor
punishable by a fine of Two Hundred Fifty Dollar s ($250.00).
F. Any person having been issued a handgun license pursuant to
the provisions of the Oklah oma Self-Defense Act and who knowingly or
intentionally allows a convicted felon or adjudicated delinquent or
a youthful offender as prohi bited by the provisions of subsection A,
C, or D of this section to possess or have control of any firearm
authorized by the Oklahoma Self-Defense Act shall, upon conv iction,
be guilty of a felony punishable by a fine no t to exceed Five
Thousand Dollars ($5,000.00). In addition, the person shall have
the handgun license revoked by the Oklahoma State Bureau of
Investigation after a hearing and determination that the per son has
violated the provisions of this section.
G. Any convicted or adjudicated person violating the provisions
of this section shall, upon conviction, be guilty of a felony
punishable as provided in Section 1284 of this title.
H. It shall be unlawful for any person convicted of a
misdemeanor or felony domestic violence offense in any court of this
state or of another state or of the United States to use, purchase,
or to have in his or her possession or under his or her immediate
control, or in any vehicle which the person is o perating, or in
which the person is riding as a passenger, or at the residence where
the convicted person resides, any pistol, imitation or homemade
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pistol, altered air or toy pistol, machine gun, sawed -off shotgun or
rifle, or any other dangerous or deadl y firearm.
I. For purposes of this section, "sawed-off shotgun" or "sawed-
off rifle" shall mean any shotgun or rifle which the barrel or
barrels have been illegally shortened in length.
I. J. For purposes of this section, "altered toy pistol" shall
mean any toy weapon which has been altered from its original
manufactured state to resemble a real wea pon.
J. K. For purposes of this section, "altered air pistol" shall
mean any air pistol manufactured to prop el projectiles by air
pressure which has been altered from its origina l manufactured
state.
K. L. For purposes of this section, "alternative court program"
shall mean any drug court, An na McBride or mental health court, DUI
court or veterans court.
SECTION 2. This act shall become effec tive November 1, 2023.
59-1-6183 GRS 12/28/22