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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
31	31
32	32	HOUSE BILL 2432 By: Lowe (Jason)
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38	38	AS INTRODUCED
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40	40	An Act relating to firearms; amending 21 O.S. 2021,
41	41	Section 1283, as amended by Section 1, Chapter 299,
42	42	O.S.L. 2022 (21 O.S. Supp. 2022, Section 1283), which
43	43	relates to the possession of firearms by convicted
44	44	felons and delinquents; prohibiting certain persons
45	45	from using, purchasing, or possessing firearms; and
46	46	providing an effective date.
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1283, as
54	54	amended by Section 1, Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2022,
55	55	Section 1283), is amended to read as follows:
56	56	Section 1283.
57	57	CONVICTED FELONS AND DELINQUENTS
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59	59	A. Except as provided in subsection B of this section, it shall
60	60	be unlawful for any person co nvicted of any felony in any court of
61	61	this state or of another state or of the Unit ed States to have in
62	62	his or her possession or under his or her immediate control, or in
63	63	any vehicle which the person is operating, or at the residence where
64	64	the convicted person resides, any pistol, imitation or h omemade
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91	91	pistol, altered air or toy pistol, machine gun, sawed-off shotgun or
92	92	sawed-off rifle, or any other firearm.
93	93	B. Any person who has previous ly been convicted of a nonviolent
94	94	felony in any court of this state or of another s tate or of the
95	95	United States, and who has received a full and complete pardon from
96	96	the proper authority and has not been convicted of any other felony
97	97	offense which has not been pardoned, shall have restored the right
98	98	to possess any firearm or other weapon prohibited by subsection A of
99	99	this section, the right to apply for and carry a handgun, concealed
100	100	or unconcealed, pursuant to the provisions of the Oklahoma Self-
101	101	Defense Act or as otherwise permitted by law, and have the right to
102	102	perform the duties of a peace officer, gunsmith, and for firearms
103	103	repair.
104	104	C. It shall be unlawful for any person serving a term of
105	105	probation for any felony in any cou rt of this state or of another
106	106	state or of the United States or under the jurisdiction of any
107	107	alternative court program to have in his or her possession or under
108	108	his or her immediate control, or at his or her residence, or in any
109	109	passenger vehicle which th e person is operating, any pistol, shotgun
110	110	or rifle including any imitat ion or homemade pistol, altered air or
111	111	toy pistol, toy shotgun or toy rifle, while such person is subject
112	112	to supervision, probation, parole or inmate status.
113	113	D. It shall be unlawful for any person previously adjudicated
114	114	as a delinquent child or a youth ful offender for the commission of
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141	141	an offense, which would have constituted a felony offense if
142	142	committed by an adult, to have in the possession of the person or
143	143	under the immediate control of the person, or have in any vehicle
144	144	which he or she is driving , or at the residence of the person, any
145	145	pistol, imitation or homemade pistol, altered air or toy pistol,
146	146	machine gun, sawed-off shotgun or sawed-off rifle, or any other
147	147	dangerous or deadly firearm within ten (10) years after such
148	148	adjudication; provided, that nothing in this subsection shall be
149	149	construed to prohibit the placement of the person in a home with a
150	150	full-time duly appointed peace officer who is certified by the
151	151	Council on Law Enforcement Education and Training (CLEET) pursuant
152	152	to the provisions of Section 3311 of Title 70 of the Oklahoma
153	153	Statutes.
154	154	E. It shall be unlawful for any person who is an alien
155	155	illegally or unlawfully in the Uni ted States to have in the
156	156	possession of the person or under the immediate control of the
157	157	person, or in any vehicle the person is operating, or at the
158	158	residence where the person resides, any pistol, imitation or
159	159	homemade pistol, altered air or toy pistol, s hotgun, rifle or any
160	160	other dangerous or dead ly firearm; provided, that nothing in this
161	161	subsection applies to prohibit the tra nsport or detention of the
162	162	person by law enforcement officers or federal immigration
163	163	authorities. Any person who violates the prov isions of this
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190	190	subsection shall, upon convic tion, be guilty of a misdemeanor
191	191	punishable by a fine of Two Hundred Fifty Dollar s ($250.00).
192	192	F. Any person having been issued a handgun license pursuant to
193	193	the provisions of the Oklah oma Self-Defense Act and who knowingly or
194	194	intentionally allows a convicted felon or adjudicated delinquent or
195	195	a youthful offender as prohi bited by the provisions of subsection A,
196	196	C, or D of this section to possess or have control of any firearm
197	197	authorized by the Oklahoma Self-Defense Act shall, upon conv iction,
198	198	be guilty of a felony punishable by a fine no t to exceed Five
199	199	Thousand Dollars ($5,000.00). In addition, the person shall have
200	200	the handgun license revoked by the Oklahoma State Bureau of
201	201	Investigation after a hearing and determination that the per son has
202	202	violated the provisions of this section.
203	203	G. Any convicted or adjudicated person violating the provisions
204	204	of this section shall, upon conviction, be guilty of a felony
205	205	punishable as provided in Section 1284 of this title.
206	206	H. It shall be unlawful for any person convicted of a
207	207	misdemeanor or felony domestic violence offense in any court of this
208	208	state or of another state or of the United States to use, purchase,
209	209	or to have in his or her possession or under his or her immediate
210	210	control, or in any vehicle which the person is o perating, or in
211	211	which the person is riding as a passenger, or at the residence where
212	212	the convicted person resides, any pistol, imitation or homemade
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239	239	pistol, altered air or toy pistol, machine gun, sawed -off shotgun or
240	240	rifle, or any other dangerous or deadl y firearm.
241	241	I. For purposes of this section, "sawed-off shotgun" or "sawed-
242	242	off rifle" shall mean any shotgun or rifle which the barrel or
243	243	barrels have been illegally shortened in length.
244	244	I. J. For purposes of this section, "altered toy pistol" shall
245	245	mean any toy weapon which has been altered from its original
246	246	manufactured state to resemble a real wea pon.
247	247	J. K. For purposes of this section, "altered air pistol" shall
248	248	mean any air pistol manufactured to prop el projectiles by air
249	249	pressure which has been altered from its origina l manufactured
250	250	state.
251	251	K. L. For purposes of this section, "alternative court program"
252	252	shall mean any drug court, An na McBride or mental health court, DUI
253	253	court or veterans court.
254	254	SECTION 2. This act shall become effec tive November 1, 2023.
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256	256	59-1-6183 GRS 12/28/22

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2432 Compare Versions