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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. 2644 By: Steagall
COMMITTEE SUBSTITUTE
An Act relating to firearms; amending 21 O.S. 2021,
Section 1290.22, which relates to the Oklahoma Self-
Defense Act; clarifying certain prohibited conduc t
and exceptions; providing for the filing of a civil
action; directing court to award damages and fees;
providing an exception; clar ifying liability
provisions; allowing for the transp ort or storage of
firearms or weapons in vehicles; defining term; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.22, is
amended to read as follows:
Section 1290.22
BUSINESS PRIVATE PROPERTY OWNER'S RIGHTS
A. Except as provided in subsections B, C and D of this
section, nothing contained in any provision of the Oklahoma Self -
Defense Act shall be construed to limit, restrict or proh ibit in any
manner the existing rights of any person, property owne r, tenant,
employer, liquor store, place of worship or business entity to
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control the possession of weapons on any property owned or
controlled by the person or business entity.
B. 1. No person, property owner, tenant, employer, liquor
store, holder of an ev ent permit, place of worship or business
entity shall be permitted to establish any policy or rule that has
the effect of prohibiting prohibits any person, except a convicted
felon, from transporting and storing firearms in a locked vehicle on
any property set aside for any vehicle.
2. No person, employer, or business entity shall establish,
maintain, or enforce any policy or rule that has the effect of
prohibiting any person or employ ee, except a convicted felon, from
transporting, carrying, or storing firearms or amm unition in or upon
a vehicle, personally owned, leased, or rented by the person or
employee while conducting business for the employer or business
entity.
3. An individual may bring a civil action to enforce the
provisions of paragraph 1 and 2 of this subsection. If a plaintiff
prevails in a civil action against a person, property owner, tenant,
employer, liquor store, place of wor ship or business, for a policy
or rule that violates paragraph 1 and 2 of this subsection, the
court shall award actual damages, enjoin further violations of
paragraph 1 of this subsection, and award court costs and attorney
fees to the prevailing plaintiff. The provisions of this subsection
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shall not apply to claims pursuant to the Administrative Workers '
Compensation Act.
C. A property owner, tenant, employer, liqu or store, place of
worship or business entity may prohibit a ny person from carrying a
concealed or unconcealed firearm on the property. If the building
or property is open to the public, the property owner, tenant,
employer, liquor store, place of worship or business entity shall
post signs on or about the propert y stating such prohibition.
D. No person, property owner, tenant, employer, liq uor store,
holder of an event permit, place of worship or business entity shall
be permitted to establish any policy or rule that has the effect of
prohibiting any person from carrying a concealed or unconc ealed
firearm on property within the specific excl usion provided for in
paragraph 4 of subsection B of Section 1277 of this title; provided
that carrying a concealed or unconcealed firearm may be prohibited
in the following places:
1. The portion of a pub lic property structure or building
during an event authorized by the city, town, county, state or
federal governmental authority owning or controlling such building
or structure;
2. Any public property sports field including any adjacent
seating or adjacent area set aside for viewing a sporting event,
where an elementary or secondary school, collegiate, or professional
sporting event, or an International Olympic Commit tee or
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organization, or any committee subordinate to the In ternational
Olympic Committee event is being held;
3. The fairgrounds during the Oklahoma State Fair or the Tulsa
State Fair; and
4. The portion of a public property structure or building that
is leased or under contract to a business or not -for-profit entity
or group for offices.
E. The otherwise lawful carrying of a concealed or un concealed
firearm by a person on property that has signs prohibiting the
carrying of firearms shall subject the pers on to being denied
entrance onto the property or removed f rom the property. If the
person:
1. Has been informed by the property owner, bus iness entity or
manager of the business that the person is in violation of a policy
that prohibits firearms on the p roperty; and
2. Refuses to leave the property and a peace officer is
summoned,
the person shall, upon conviction, be guilty of a misdemeano r
punishable by a fine not to exceed Two Hundred Fifty Dollars
($250.00).
F. A person, property owner, tenant, empl oyer, liquor store,
holder of an event permit, place of w orship or business entity that
does or does not prohibit any individual, except a c onvicted felon,
from transporting, storing, or carrying a loaded or unloaded,
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concealed or unconcealed weapon on property that the person,
property owner, tenant, employer, liquor store, holder of an event
permit, place of worship or business entity owns, o r has legal
control of, is immune from and shall not be subject to any liability
arising from that decision. Except for acts of gross negligence or
willful or wanton mi sconduct, an employer who does or does not
prohibit his or her employees from transporting, storing, or
carrying a concealed or unconcealed weapon is immune from and shall
not be subject to any liability arising from that decision. A
person, property owner, tenant, employer, liquor store, holder of an
event permit, place of worship or busin ess entity that does not
prohibit persons from transporting, storing, or carrying a concealed
or unconcealed weapon pursuant to subse ction D of this section shall
not be immune from and shall not be subject to any liability arising
from the transporting, storing, or carrying of a concealed or
unconcealed weapon, while in the scope of employment, on the
property or in or about a business entity vehicle. The provisions
of this subsection shal l not apply to claims pursuant to the
Administrative Workers ' Compensation Act.
G. It shall not be considered part of an employee's job
description or within the employee 's scope of employment if an
employee is allowed to carry or discharge a weapon pursu ant to this
section.
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H. Nothing in subsections F and G of this section sh all prevent
an employer, employee or p erson who has suffered loss resulting from
the discharge of a weapon to seek redress or damages of the person
who discharged the weapon or used the weapon outside the provisions
of the Oklahoma Self -Defense Act.
I. As used in the this section, "vehicle" includes, but is not
limited to any automobile, truck, minivan, sports utility vehicle,
motorcycle, motor sc ooter, bicycle, vessel, and any other vehicle or
vessel used for lawful transportation.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON STATE POWERS, dated 03/02/2023 -
DO PASS, As Amended.