Oklahoma 2023 Regular Session

Oklahoma House Bill HB2615 Latest Draft

Bill / Introduced Version Filed 01/19/2023

                             
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legisla ture (2023) 
 
HOUSE BILL 2615 	By: Humphrey 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to firearms; amending 21 O.S. 2021, 
Section 1283, as amended by Section 1, Chap ter 299, 
O.S.L. 2022 (21 O.S. Supp. 2022, Section 1283), which 
relates to the carrying of fire arms by convicted 
felons and delinquents; allowing certain persons the 
right to possess firearms under specific 
circumstances; 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 previou sly been convicted of a nonviolent 
felony in any court of this state or of another s tate or of the 
United States, and who: 
1.  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; or 
2.  At least ten (10) years have passed since the completion of 
his or her sentence for the nonviolent felony conviction, 
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, pu rsuant 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 court of t his 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 unde r 
his or her immediate control, or at his or her residence, or in any 
passenger vehicle which the perso n is operating, any pistol, shotgun 
or rifle including any imitat ion or homemade pistol, altered air or   
 
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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 
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 Enfor cement 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, imitatio n or 
homemade pistol, altered air or toy pistol, s hotgun, rifle or any 
other dangerous or dead ly firearm; provided, that nothing in this   
 
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subsection applies to prohibit the tra nsport or detention of the 
person by law enforcement officers or federal immigrat ion 
authorities.  Any person who violates the prov isions of this 
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 Stat e Bureau of 
Investigation after a hearing and determination that the per son has 
violated the provisions of this section. 
G.  Any convicted or adju dicated 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.  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.   
 
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I.  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.  For purposes of this section, "altered air pistol" shall 
mean any air pistol manufactured to propel projectiles by air 
pressure which has been altered from its origina l manufactured 
state. 
K.  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 effective November 1, 2023. 
 
59-1-6258 GRS 01/09/23