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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2771 By: Munson
AS INTRODUCED
An Act relating to domestic violence; ame nding 21
O.S. 2021, Section 1283, as amended by Section 1,
Chapter 299, O.S.L. 2022 (21 O.S. Sup p. 2022, Section
1283), which relates to convicted felons and
delinquents; prohibiting persons convicted of certain
offenses or subject to protective orders from
possessing firearms; prohibiting handgun licensees
from certain conduct; directing the court to include
certain information in orders issued by the court;
establishing procedures for the transfer of firearms
and handgun license under certain circumstances;
requiring written proof of transfer; requiring person
to file declaration and proof o f transfer with the
court; prohibiting prosecution of certain offense
under specified circumstances; requiring return of
firearms and handgun license upon expiration or
termination of protective order; requir ing background
check prior to return of firearms and handgun
license; authorizing contempt proceedings under
certain circumstances; authorizing search warrant for
removal of firearms under certain circumstances;
providing for storage of transferred firearm s;
authorizing storage fee; authorizing developm ent of
rules and procedures for storage and disposal of
firearms and handgun licenses by law enforcement
agencies; amending 22 O.S. 2021, Section 60.11, as
amended by Section 8, Chapter 318, O.S.L. 2022 (22
O.S. Supp. 2022, Section 60.11), which relates to the
Protection from Domestic Abuse Act; providing
additional information to be printed on ex parte and
final protective order s; providing for codification;
and providing an effective date .
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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. 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 c onvicted person resides, any pistol,
imitation or homemade pistol, altered air or toy pistol, machine
gun, sawed-off shotgun or sawed-off rifle, or any other firearm.
B. Any person who has previously 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.
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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 under
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 imitation 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 youthful 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.
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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 transport or detention of the
person by law enforcement officers or federal immigration
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 Dollars ($250.00).
F. It shall be unlawful for any person conv icted of misdemeanor
domestic abuse under subsection C of Section 644 of this tit le,
misdemeanor stalking under paragraph 2 of subsection A of Section
1173 of this title, or a misdemeanor crime of domestic violenc e as
defined in 18 U.S.C. , Section 921(a)(33)(A) in any court of this
state or of another state or of the United States, or subj ect to an
emergency temporary protective order or final protective order
issued pursuant to Section 60.4 of Title 22 of the Oklahoma Statutes
or a foreign protective order that qualif ies as an order described
in 18 U.S.C., Section 922(d)(8) or (g)(8) to have in his or her
possession or under his or her immediate control, or in any vehicle
which the person is operating, or in which the p erson is riding as a
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passenger, or at the residence wh ere the convicted person resides,
any pistol, imitation or homemade pistol, altere d air or toy pistol,
machine gun, shotgun or rifle, or any other dangerous or d eadly
firearm.
G. 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, an adjudicated delinquent
or, a youthful offender, a person convicted of a misdemeanor
domestic abuse or stalking offense, or a person subje ct to an
emergency temporary or final protective order, as prohibited by the
provisions of subsection A, C, or, D or F 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 S tate Bureau of Investigation after a
hearing and determination that the per son has violated the
provisions of this section.
G. H. 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. 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.
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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, Anna McBride or mental health court, DUI
court or veterans' court.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 60.10 of Title 22, unless there
is created a duplication in numbering, r eads as follows:
A. When a person is convicted of domestic abuse pursuant to
Section 644 of Title 21 of the Oklahoma Statutes , stalking pursuant
to Section 1173 of Title 21 of the Oklahoma Statutes, or the person
is subject to an emergency temporary protective order or a final
protective order pursuant to Section 60.4 of Title 22 of the
Oklahoma Statutes, the court shall, at the time of conviction or
issuance of the protective order:
1. Indicate in the judgment and sentence or protective order
that the person is prohibited from p ossessing firearms pursuant to
subsection F of Section 1283 of Title 21 of the Oklahoma Statutes;
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2. Order in writing that the person tra nsfer all firearms and
any handgun license issued p ursuant to the provisions of the
Oklahoma Self-Defense Act in the possession of the person in
accordance with subsection B of this section; and
3. Order that the person file a declaration as described in
subsection D of this section.
B. Within twenty-four (24) hours, exclusive of legal holidays
and weekends, of becoming subject to a court order under paragraph 2
of subsection A of this section, a person shall transfer al l
firearms and any handgun license in th e possession of the person to
a law enforcement agency within the municipality or county in which
the person resides or to a licensed dealer, as defined in paragraph
1 of subsection A of Sectio n 1289.28 of Title 21 of the Oklahoma
Statutes, and shall obtain a pr oof of transfer under sub section C of
this section. If the person is inca rcerated at the time the order
is issued, the person shall transfer the firearms and any handgun
license no later than twenty-four (24) hours after release from
incarceration, exclusive of legal holidays and weekends.
C. A law enforcement agency or l icensed dealer receiving a
firearm or handgun license pursuant to this subsection shall issue
to the person a writte n proof of transfer. The proof of transfer
shall include the name of the person, the date of transfer , and the
serial number, make, and model of each transferred firearm.
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D. Within forty-eight (48) hours, exclusive of legal holiday s
and weekends, of becomi ng subject to a court order under paragraph 2
of subsection A of this section, a pers on shall file with the court
a declaration under pena lty of perjury attesting that:
1. All firearms and any handgun license in the possession of
the person have been transferred under subsection B of this section
to a law enforcement agency or licensed dealer ;
2. The person was not in possession of any fir earms or handgun
license at the time of the order of the court and the person
continues to not possess any firearms; and
3. The person is asserting his or her own constitutional right
against self-incrimination.
E. The person shall file with the declaration a copy of the
proof of transfer, if applicable.
F. A person in possession of a firearm in violation of
subsection F of Section 1283 of Title 21 of the Oklahoma Statutes
may not be prosecuted for t hat violation if:
1. The person is in possession of a court order described in
paragraph 2 of subsection A of this section that was issued within
the previous twenty-four (24) hours;
2. The firearm is unloaded; and
3. The person is transporting the fire arm or ammunition to a
law enforcement agency or federally licensed dealer in accordance
with subsection B of this section.
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G. Upon the expiration o r termination of a protec tive order, at
the request of the person, a law enforcement agency or licensed
dealer shall return any stored firearms and handgun license to the
person after performing a check of the National Instant Criminal
Background Check Sys tem (NICS) to confirm tha t the person is not
prohibited from possessing a firearm or ammunition under state or
federal law.
H. If the person does not file a declaration described in
subsection D of this section, the court may commence contempt
proceedings under Section 567 of Tit le 21 of the Oklahoma Statutes.
I. On application by a law enforcement official b ased on
probable cause to believe that the person has failed to transfer one
or more firearms in accordance with this section, the court may
authorize the execution of a sear ch warrant for the removal of
firearms at any location where the court has probabl e cause to
believe a firearm possessed by the person is located.
J. 1. A law enforcement agency may enter into an agreement
with another law enforc ement agency or storage f acility for the
storage of transferred firearms and handgun licenses. A law
enforcement agency may charge a fee for storage, the amount of which
shall not exceed the costs incurred by the law enforcement agency
for providing storage.
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2. Law enforcement a gencies may develop rules and procedures
pertaining to the storage and disposal of firearms and handgun
licenses that are transferred in accordance with this section.
SECTION 3. AMENDATORY 22 O.S. 2021, Se ction 60.11, as
amended by Section 8, Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 60.11), is amended to read as follows:
Section 60.11 In addition to any other provisions required by
the Protection from Domestic Abuse Act, or otherwise requ ired by
law, each ex parte or final protective order issued pursuant to the
Protection from Domestic Abuse Act shall have a statement printed in
bold-faced type or in capital letters containing the following
information:
1. The filing or nonfiling of cri minal charges and the
prosecution of the case shall not be determined by a person who is
protected by the protective order, but shall be determined by the
prosecutor;
2. No person, including a person who is protected by the order,
may give permission to anyone to ignore or violate any provision of
the order. During the time in which the orde r is valid, every
provision of the order shall be in full force and effe ct unless a
court changes the order;
3. The order shall be in effect for a fixed period of five (5)
years unless extended, modified, vacated or rescinded by the court
or shall be continuous upon a specific finding by the court as
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provided in subparagraph b of paragraph 1 of subsection G of Section
60.4 of this title unless modified, vacated or rescinded by the
court;
4. The order shall be entered into the National Crime
Information Center (NCIC) database;
5. A violation of the order is punishable by a fi ne of up to
One Thousand Dollars ($1,000.00) or imprisonment for up to one (1)
year in the county jail, or by both such fine and imprisonment. A
violation of the order which causes in jury is punishable by
imprisonment for twenty (20) days to one (1) year in the county jail
or a fine of up to Five Thousand Dollars ($5,000.00 ), or by both
such fine and imprisonment;
6. Possession of a firearm or ammunition by a defendant while
an emergency temporary protective order or final protective order is
in effect may subject the defendant to prosecution for a violation
of federal law even if the order does not specifically prohibit the
defendant from possession of a firearm or ammunition is prohibited
pursuant to subsection F of Section 1283 of Title 21 of the Oklahoma
Statutes;
7. The defendant must avoid the residence of the petitioner or
any premises temporarily occupied by the petitioner;
8. The defendant must avoid contact that harasses or
intimidates the petitioner. Contact includes, but is not limited
to, contact at the home, work, or school of the petitioner, public
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places, in person, by phone, in writing, by electronic communication
or device, or in any other manner;
9. The defendant shall not impersonate or adopt the
personification of the petitioner by pretending to be the
petitioner, ordering items, posting information or making inquiries,
or publishing photographs of the petitioner, by use of social media,
or by use of computer, telephone, texting, emailing, or by use of
any electronic means;
10. The defendant must refrain from removing, hiding, damaging,
harming, mistreating, or disposing of a household pet;
11. The defendant must allow the petitioner or a family member
or household member of the petitioner acting on his or her behalf to
retrieve a household pet;
12. The defendant must avoid c ontacting the petitioner or
causing any person other than an attorney for the petitioner or law
enforcement officer to contact the petitioner unless the petitioner
consents in writing; and
13. The sheriff will accompany the petitioner and assist in
placing the petitioner in physical possession of his or her
residence, if requested.
SECTION 4. This act shall become effective November 1, 2023.
59-1-7006 GRS 01/18/23