OK
Oklahoma House Bill HB2771

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2771 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 2771 By: Munson
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3838 AS INTRODUCED
3939
4040 An Act relating to domestic violence; ame nding 21
4141 O.S. 2021, Section 1283, as amended by Section 1,
4242 Chapter 299, O.S.L. 2022 (21 O.S. Sup p. 2022, Section
4343 1283), which relates to convicted felons and
4444 delinquents; prohibiting persons convicted of certain
4545 offenses or subject to protective orders from
4646 possessing firearms; prohibiting handgun licensees
4747 from certain conduct; directing the court to include
4848 certain information in orders issued by the court;
4949 establishing procedures for the transfer of firearms
5050 and handgun license under certain circumstances;
5151 requiring written proof of transfer; requiring person
5252 to file declaration and proof o f transfer with the
5353 court; prohibiting prosecution of certain offense
5454 under specified circumstances; requiring return of
5555 firearms and handgun license upon expiration or
5656 termination of protective order; requir ing background
5757 check prior to return of firearms and handgun
5858 license; authorizing contempt proceedings under
5959 certain circumstances; authorizing search warrant for
6060 removal of firearms under certain circumstances;
6161 providing for storage of transferred firearm s;
6262 authorizing storage fee; authorizing developm ent of
6363 rules and procedures for storage and disposal of
6464 firearms and handgun licenses by law enforcement
6565 agencies; amending 22 O.S. 2021, Section 60.11, as
6666 amended by Section 8, Chapter 318, O.S.L. 2022 (22
6767 O.S. Supp. 2022, Section 60.11), which relates to the
6868 Protection from Domestic Abuse Act; providing
6969 additional information to be printed on ex parte and
7070 final protective order s; providing for codification;
7171 and providing an effective date .
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101101 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
102102 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1283, as
103103 amended by Section 1, Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2022,
104104 Section 1283), is amended to read as follows:
105105 Section 1283. A. Except as provided in subsection B of this
106106 section, it shall be unlawful for any person co nvicted of any felony
107107 in any court of this state or of another state or of the Unit ed
108108 States to have in his or her possession or under his or her
109109 immediate control, or in any vehicle which the person is operating,
110110 or at the residence where the c onvicted person resides, any pistol,
111111 imitation or homemade pistol, altered air or toy pistol, machine
112112 gun, sawed-off shotgun or sawed-off rifle, or any other firearm.
113113 B. Any person who has previously been convicted of a nonviolent
114114 felony in any court of this state or of another s tate or of the
115115 United States, and who has received a full and complete pardon from
116116 the proper authority and has not been convicted of any other felony
117117 offense which has not been pardoned, shall have restored the right
118118 to possess any firearm or other weapon prohibited by subsection A of
119119 this section, the right to apply for and carry a handgun, concealed
120120 or unconcealed, pursuant to the provisions of the Oklahoma Self-
121121 Defense Act or as otherwise permitted by law, and have the right to
122122 perform the duties of a peace officer, gunsmith, and for firearms
123123 repair.
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150150 C. It shall be unlawful for any person serving a term of
151151 probation for any felony in any court of t his state or of another
152152 state or of the United States or under the jurisdiction of any
153153 alternative court program to have in his or her possession or under
154154 his or her immediate control, or at his or her residence, or in any
155155 passenger vehicle which the perso n is operating, any pistol, shotgun
156156 or rifle including any imitation or homemade pistol, altered air or
157157 toy pistol, toy shotgun or toy rifle, while such person is subject
158158 to supervision, probation, parole or inmate status.
159159 D. It shall be unlawful for any person previously adjudicated
160160 as a delinquent child or a youthful offender for the commission of
161161 an offense, which would have constituted a felony offense if
162162 committed by an adult, to have in the possession of the person or
163163 under the immediate control of the person, or have in any vehicle
164164 which he or she is driving, or at the residence of the person, any
165165 pistol, imitation or homemade pistol, altered air or toy pistol,
166166 machine gun, sawed-off shotgun or sawed-off rifle, or any other
167167 dangerous or deadly firearm within ten (10) years after such
168168 adjudication; provided, that nothing in this subsection shall be
169169 construed to prohibit the placement of the person in a home with a
170170 full-time duly appointed peace officer who is certified by the
171171 Council on Law Enfor cement Education and Training (CLEET) pursuant
172172 to the provisions of Section 3311 of Title 70 of the Oklahoma
173173 Statutes.
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200200 E. It shall be unlawful for any person who is an alien
201201 illegally or unlawfully in the Uni ted States to have in the
202202 possession of the person or under the immediate control of the
203203 person, or in any vehicle the person is operating, or at the
204204 residence where the person resides, any pistol, imitation or
205205 homemade pistol, altered air or toy pistol, s hotgun, rifle or any
206206 other dangerous or dead ly firearm; provided, that nothing in this
207207 subsection applies to prohibit the transport or detention of the
208208 person by law enforcement officers or federal immigration
209209 authorities. Any person who violates the prov isions of this
210210 subsection shall, upon convic tion, be guilty of a misdemeanor
211211 punishable by a fine of Two Hundred Fifty Dollars ($250.00).
212212 F. It shall be unlawful for any person conv icted of misdemeanor
213213 domestic abuse under subsection C of Section 644 of this tit le,
214214 misdemeanor stalking under paragraph 2 of subsection A of Section
215215 1173 of this title, or a misdemeanor crime of domestic violenc e as
216216 defined in 18 U.S.C. , Section 921(a)(33)(A) in any court of this
217217 state or of another state or of the United States, or subj ect to an
218218 emergency temporary protective order or final protective order
219219 issued pursuant to Section 60.4 of Title 22 of the Oklahoma Statutes
220220 or a foreign protective order that qualif ies as an order described
221221 in 18 U.S.C., Section 922(d)(8) or (g)(8) to have in his or her
222222 possession or under his or her immediate control, or in any vehicle
223223 which the person is operating, or in which the p erson is riding as a
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250250 passenger, or at the residence wh ere the convicted person resides,
251251 any pistol, imitation or homemade pistol, altere d air or toy pistol,
252252 machine gun, shotgun or rifle, or any other dangerous or d eadly
253253 firearm.
254254 G. Any person having been issued a handgun license pursuant to
255255 the provisions of the Oklah oma Self-Defense Act and who knowingly or
256256 intentionally allows a convicted felon or, an adjudicated delinquent
257257 or, a youthful offender, a person convicted of a misdemeanor
258258 domestic abuse or stalking offense, or a person subje ct to an
259259 emergency temporary or final protective order, as prohibited by the
260260 provisions of subsection A, C, or, D or F of this section, to
261261 possess or have control of any firearm authorized by the Oklahoma
262262 Self-Defense Act shall, upon conv iction, be guilty of a felony
263263 punishable by a fine no t to exceed Five Thousand Dollars
264264 ($5,000.00). In addition, the person shall have the handgun license
265265 revoked by the Oklahoma S tate Bureau of Investigation after a
266266 hearing and determination that the per son has violated the
267267 provisions of this section.
268268 G. H. Any convicted or adjudicated person violating the
269269 provisions of this section shall, upon conviction, be guilty of a
270270 felony punishable as provided in Section 1284 of this title.
271271 H. I. For purposes of this section, "sawed-off shotgun" or
272272 "sawed-off rifle" shall mean any shotgun or rifle which the barrel
273273 or barrels have been illegally shortened in length.
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300300 I. J. For purposes of this section, "altered toy pistol" shall
301301 mean any toy weapon which has been altered from its original
302302 manufactured state to resemble a real wea pon.
303303 J. K. For purposes of this section, "altered air pistol" shall
304304 mean any air pistol manufactured to prop el projectiles by air
305305 pressure which has been altered from its origina l manufactured
306306 state.
307307 K. L. For purposes of this section, "alternative court program"
308308 shall mean any drug court, Anna McBride or mental health court, DUI
309309 court or veterans' court.
310310 SECTION 2. NEW LAW A new section of law to be codified
311311 in the Oklahoma Statutes as Section 60.10 of Title 22, unless there
312312 is created a duplication in numbering, r eads as follows:
313313 A. When a person is convicted of domestic abuse pursuant to
314314 Section 644 of Title 21 of the Oklahoma Statutes , stalking pursuant
315315 to Section 1173 of Title 21 of the Oklahoma Statutes, or the person
316316 is subject to an emergency temporary protective order or a final
317317 protective order pursuant to Section 60.4 of Title 22 of the
318318 Oklahoma Statutes, the court shall, at the time of conviction or
319319 issuance of the protective order:
320320 1. Indicate in the judgment and sentence or protective order
321321 that the person is prohibited from p ossessing firearms pursuant to
322322 subsection F of Section 1283 of Title 21 of the Oklahoma Statutes;
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349349 2. Order in writing that the person tra nsfer all firearms and
350350 any handgun license issued p ursuant to the provisions of the
351351 Oklahoma Self-Defense Act in the possession of the person in
352352 accordance with subsection B of this section; and
353353 3. Order that the person file a declaration as described in
354354 subsection D of this section.
355355 B. Within twenty-four (24) hours, exclusive of legal holidays
356356 and weekends, of becoming subject to a court order under paragraph 2
357357 of subsection A of this section, a person shall transfer al l
358358 firearms and any handgun license in th e possession of the person to
359359 a law enforcement agency within the municipality or county in which
360360 the person resides or to a licensed dealer, as defined in paragraph
361361 1 of subsection A of Sectio n 1289.28 of Title 21 of the Oklahoma
362362 Statutes, and shall obtain a pr oof of transfer under sub section C of
363363 this section. If the person is inca rcerated at the time the order
364364 is issued, the person shall transfer the firearms and any handgun
365365 license no later than twenty-four (24) hours after release from
366366 incarceration, exclusive of legal holidays and weekends.
367367 C. A law enforcement agency or l icensed dealer receiving a
368368 firearm or handgun license pursuant to this subsection shall issue
369369 to the person a writte n proof of transfer. The proof of transfer
370370 shall include the name of the person, the date of transfer , and the
371371 serial number, make, and model of each transferred firearm.
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398398 D. Within forty-eight (48) hours, exclusive of legal holiday s
399399 and weekends, of becomi ng subject to a court order under paragraph 2
400400 of subsection A of this section, a pers on shall file with the court
401401 a declaration under pena lty of perjury attesting that:
402402 1. All firearms and any handgun license in the possession of
403403 the person have been transferred under subsection B of this section
404404 to a law enforcement agency or licensed dealer ;
405405 2. The person was not in possession of any fir earms or handgun
406406 license at the time of the order of the court and the person
407407 continues to not possess any firearms; and
408408 3. The person is asserting his or her own constitutional right
409409 against self-incrimination.
410410 E. The person shall file with the declaration a copy of the
411411 proof of transfer, if applicable.
412412 F. A person in possession of a firearm in violation of
413413 subsection F of Section 1283 of Title 21 of the Oklahoma Statutes
414414 may not be prosecuted for t hat violation if:
415415 1. The person is in possession of a court order described in
416416 paragraph 2 of subsection A of this section that was issued within
417417 the previous twenty-four (24) hours;
418418 2. The firearm is unloaded; and
419419 3. The person is transporting the fire arm or ammunition to a
420420 law enforcement agency or federally licensed dealer in accordance
421421 with subsection B of this section.
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448448 G. Upon the expiration o r termination of a protec tive order, at
449449 the request of the person, a law enforcement agency or licensed
450450 dealer shall return any stored firearms and handgun license to the
451451 person after performing a check of the National Instant Criminal
452452 Background Check Sys tem (NICS) to confirm tha t the person is not
453453 prohibited from possessing a firearm or ammunition under state or
454454 federal law.
455455 H. If the person does not file a declaration described in
456456 subsection D of this section, the court may commence contempt
457457 proceedings under Section 567 of Tit le 21 of the Oklahoma Statutes.
458458 I. On application by a law enforcement official b ased on
459459 probable cause to believe that the person has failed to transfer one
460460 or more firearms in accordance with this section, the court may
461461 authorize the execution of a sear ch warrant for the removal of
462462 firearms at any location where the court has probabl e cause to
463463 believe a firearm possessed by the person is located.
464464 J. 1. A law enforcement agency may enter into an agreement
465465 with another law enforc ement agency or storage f acility for the
466466 storage of transferred firearms and handgun licenses. A law
467467 enforcement agency may charge a fee for storage, the amount of which
468468 shall not exceed the costs incurred by the law enforcement agency
469469 for providing storage.
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496496 2. Law enforcement a gencies may develop rules and procedures
497497 pertaining to the storage and disposal of firearms and handgun
498498 licenses that are transferred in accordance with this section.
499499 SECTION 3. AMENDATORY 22 O.S. 2021, Se ction 60.11, as
500500 amended by Section 8, Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2022,
501501 Section 60.11), is amended to read as follows:
502502 Section 60.11 In addition to any other provisions required by
503503 the Protection from Domestic Abuse Act, or otherwise requ ired by
504504 law, each ex parte or final protective order issued pursuant to the
505505 Protection from Domestic Abuse Act shall have a statement printed in
506506 bold-faced type or in capital letters containing the following
507507 information:
508508 1. The filing or nonfiling of cri minal charges and the
509509 prosecution of the case shall not be determined by a person who is
510510 protected by the protective order, but shall be determined by the
511511 prosecutor;
512512 2. No person, including a person who is protected by the order,
513513 may give permission to anyone to ignore or violate any provision of
514514 the order. During the time in which the orde r is valid, every
515515 provision of the order shall be in full force and effe ct unless a
516516 court changes the order;
517517 3. The order shall be in effect for a fixed period of five (5)
518518 years unless extended, modified, vacated or rescinded by the court
519519 or shall be continuous upon a specific finding by the court as
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546546 provided in subparagraph b of paragraph 1 of subsection G of Section
547547 60.4 of this title unless modified, vacated or rescinded by the
548548 court;
549549 4. The order shall be entered into the National Crime
550550 Information Center (NCIC) database;
551551 5. A violation of the order is punishable by a fi ne of up to
552552 One Thousand Dollars ($1,000.00) or imprisonment for up to one (1)
553553 year in the county jail, or by both such fine and imprisonment. A
554554 violation of the order which causes in jury is punishable by
555555 imprisonment for twenty (20) days to one (1) year in the county jail
556556 or a fine of up to Five Thousand Dollars ($5,000.00 ), or by both
557557 such fine and imprisonment;
558558 6. Possession of a firearm or ammunition by a defendant while
559559 an emergency temporary protective order or final protective order is
560560 in effect may subject the defendant to prosecution for a violation
561561 of federal law even if the order does not specifically prohibit the
562562 defendant from possession of a firearm or ammunition is prohibited
563563 pursuant to subsection F of Section 1283 of Title 21 of the Oklahoma
564564 Statutes;
565565 7. The defendant must avoid the residence of the petitioner or
566566 any premises temporarily occupied by the petitioner;
567567 8. The defendant must avoid contact that harasses or
568568 intimidates the petitioner. Contact includes, but is not limited
569569 to, contact at the home, work, or school of the petitioner, public
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596596 places, in person, by phone, in writing, by electronic communication
597597 or device, or in any other manner;
598598 9. The defendant shall not impersonate or adopt the
599599 personification of the petitioner by pretending to be the
600600 petitioner, ordering items, posting information or making inquiries,
601601 or publishing photographs of the petitioner, by use of social media,
602602 or by use of computer, telephone, texting, emailing, or by use of
603603 any electronic means;
604604 10. The defendant must refrain from removing, hiding, damaging,
605605 harming, mistreating, or disposing of a household pet;
606606 11. The defendant must allow the petitioner or a family member
607607 or household member of the petitioner acting on his or her behalf to
608608 retrieve a household pet;
609609 12. The defendant must avoid c ontacting the petitioner or
610610 causing any person other than an attorney for the petitioner or law
611611 enforcement officer to contact the petitioner unless the petitioner
612612 consents in writing; and
613613 13. The sheriff will accompany the petitioner and assist in
614614 placing the petitioner in physical possession of his or her
615615 residence, if requested.
616616 SECTION 4. This act shall become effective November 1, 2023.
617617
618618 59-1-7006 GRS 01/18/23