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28	28	STATE OF OKLAHOMA
29	29
30	30	1st Session of the 59th Legisla ture (2023)
31	31
32	32	HOUSE BILL 2615 By: Humphrey
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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, Chap ter 299,
42	42	O.S.L. 2022 (21 O.S. Supp. 2022, Section 1283), which
43	43	relates to the carrying of fire arms by convicted
44	44	felons and delinquents; allowing certain persons the
45	45	right to possess firearms under specific
46	46	circumstances; and providing an effective date.
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1283, as
52	52	amended by Section 1, Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2022,
53	53	Section 1283), is amended to read as follows:
54	54	Section 1283.
55	55	CONVICTED FELONS AND DELINQUENTS
56	56	A. Except as provided in subsection B of this section, it shall
57	57	be unlawful for any person co nvicted of any felony in any court of
58	58	this state or of another state or of the Unit ed States to have in
59	59	his or her possession or under his or her immediate control, or in
60	60	any vehicle which the person is operating, or at the residence where
61	61	the convicted person resides, any pistol, imitation or h omemade
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88	88	pistol, altered air or toy pistol, machine gun, sawed-off shotgun or
89	89	sawed-off rifle, or any other firearm.
90	90	B. Any person who has previou sly been convicted of a nonviolent
91	91	felony in any court of this state or of another s tate or of the
92	92	United States, and who:
93	93	1. Who has received a full and complete pardon from the proper
94	94	authority and has not been convicted of any other felony offense
95	95	which has not been pardoned; or
96	96	2. At least ten (10) years have passed since the completion of
97	97	his or her sentence for the nonviolent felony conviction,
98	98	shall have restored the right to possess any firearm or other weapon
99	99	prohibited by subsection A of this section, the right to apply for
100	100	and carry a handgun, concealed or unconcealed, pu rsuant to the
101	101	provisions of the Oklahoma Self-Defense Act or as otherwise
102	102	permitted by law, and have the right to perform the duties of a
103	103	peace officer, gunsmith, and for firearms repair.
104	104	C. It shall be unlawful for any person serving a term of
105	105	probation for any felony in any court of t his 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 unde r
108	108	his or her immediate control, or at his or her residence, or in any
109	109	passenger vehicle which the perso n is operating, any pistol, shotgun
110	110	or rifle including any imitat ion or homemade pistol, altered air or
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137	137	toy pistol, toy shotgun or toy rifle, while such person is subject
138	138	to supervision, probation, parole or inmate status.
139	139	D. It shall be unlawful for any person previously adjudicated
140	140	as a delinquent child or a youth ful offender for the commission of
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 Enfor cement 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, imitatio n 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
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187	187	subsection applies to prohibit the tra nsport or detention of the
188	188	person by law enforcement officers or federal immigrat ion
189	189	authorities. Any person who violates the prov isions of this
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 Stat e 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 adju dicated 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. For purposes of this section, "sawed-off shotgun" or "sawed-
207	207	off rifle" shall mean any shotgun or rifle which the barrel or
208	208	barrels have been illegally shortened in length.
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235	235	I. For purposes of this section, "altered toy pistol" shall
236	236	mean any toy weapon which has been altered from its original
237	237	manufactured state to resemble a real wea pon.
238	238	J. For purposes of this section, "altered air pistol" shall
239	239	mean any air pistol manufactured to propel projectiles by air
240	240	pressure which has been altered from its origina l manufactured
241	241	state.
242	242	K. For purposes of this section, "alternative court program"
243	243	shall mean any drug court, An na McBride or mental health court, DUI
244	244	court or veterans court.
245	245	SECTION 2. This act shall become effective November 1, 2023.
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247	247	59-1-6258 GRS 01/09/23

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2615 Compare Versions