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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1001 By: Olsen
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1272, which relates to the unlawful carry of
weapons; modifying certain age requirement; amending
21 O.S. 2021, Sections 1290.8 and 1290.9, which
relate to the Oklahoma Self-Defense Act; modifying
certain age requirement s; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1272, is
amended to read as follows :
Section 1272.
UNLAWFUL CARRY
A. Notwithstanding any other provision of law, it shall be
unlawful for any person to carry upo n or about his or her person, or
in a purse or other container belonging to the person, any pistol,
revolver, shotgun or rifle whether loaded or unloaded or any
blackjack, loaded cane, hand chain, metal knuckles, or any other
offensive weapon, whether such weapon be concealed or unconcealed,
except this section shall not prohibit:
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1. The proper use of guns and knives fo r self-defense, hunting,
fishing, educational or recreational purposes;
2. The carrying or use of weapons in a manner otherwise
permitted by statute or authorized by the Oklahoma S elf-Defense Act;
3. The carrying, possession and use of any weapon by a pe ace
officer or other person authorized by law to carry a weapon in the
performance of official duties and in compliance with the rules of
the employing agency;
4. The carrying or u se of weapons in a courthouse by a district
judge, associate district judge or special district judge within
this state, who is in possession of a valid handgun license issued
pursuant to the provisions of the Okla homa Self-Defense Act and
whose name appears on a list maintained by the Administrative
Director of the Courts;
5. The carrying and use of firearms and other weapons provided
in this subsection when used for the purpose of living history
reenactment. For purposes of this paragraph, "living history
reenactment" means depiction of historical characters, scenes,
historical life or events for entertainment, education, or
historical documentation through the wearing or use of period,
historical, antique or vin tage clothing, accessories, firearms,
weapons, and other implements of the historical period; or
6. The transporting by vehicle on a public roadway or the
carrying of a firearm, concealed or unconcealed, loaded or unloaded,
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by a person who is twenty-one (21) years of age or older or by a
person who is eighteen (18) years of age but not yet twenty-one (21)
years of age and the person is a member or veteran of the United
States Armed Forces, Reserves or National Guard or was discharged
under honorable condit ions from the United States Armed Forces,
Reserves or National Guard, or meets the age requirement provided in
the provisions of Section 1 of Article III of the Oklahoma
Constitution and the person is otherwise not disqualified fr om the
possession or purchase of a firearm under state or federal la w and
is not carrying the firearm in furtherance of a crime.
Except as provided in sub section B of Section 1283 of this
title, a person who has been convicted of any one of the following
offenses in this state or a violation of the equivalent law of
another state:
a. assault and battery pursuant to the provisions of
Section 644 of this titl e which caused serious
physical injury to the victim,
b. aggravated assault and battery pursuant to th e
provisions of Section 64 6 of this title,
c. assault and battery th at qualifies as domestic abuse
as defined in Section 644 of this title,
d. stalking pursuant to the provisions of Section 1173 of
this title,
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e. a violation of an order issued under the Pr otection
from Domestic Abuse Act or a domestic abuse protection
order issued by another state, or
f. a violation relating to illegal drug use or possessio n
under the provisions of the Uniform Controlled
Dangerous Substances Act,
shall be prohibited from ca rrying a firearm under the provisions of
this paragraph. Any person who carries a firearm in the manner
provided for in this paragraph shall be prohibite d from carrying the
firearm into any of the places prohibited in subsection A of Section
1277 of this title or any other place c urrently prohibited by law.
Nothing in this section shall modify or otherwise change where a
person may legally carry a firearm .
B. Any person convicted of violating the foregoing provision
shall be guilty of a misdemeanor punis hable as provided in Secti on
1276 of this title.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.8, is
amended to read as follow s:
Section 1290.8
POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN
A. Except as otherwise prohibited by law, an el igible person
shall have authority to carr y a concealed or unconceale d handgun in
this state when:
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1. The person has been issued a handgun license from the
Oklahoma State Bureau of Investigation pursuant to the provisions of
the Oklahoma Self-Defense Act, provided the person is in compliance
with the provisions of the Okla homa Self-Defense Act, and the
license has not expired or be en subsequently suspended or re voked;
or
2. The person is twenty-one (21) years of age or older, and is
either:
a. active military, or
b. a member of the Reserve or Nat ional Guard to include
Drill Status Guard and Reserve, Active Guard Reserves
or Military Technicians,
and presents a valid military identification card that shall be
considered a valid handgun license issued pursua nt to the Oklahoma
Self-Defense Act; or
3. The person meets the age requireme nt provided in the
provisions of Section 1 of Article III of the Oklahoma Constitution.
B. A person in possession of a valid handgun license or who
meets the criteria and presen ts a valid military identification card
as provided for in this section and in compliance with the
provisions of the Oklahoma Self -Defense Act shall be authorized to
carry such concealed or unconcea led handgun while scouting as it
relates to hunting or fis hing or while hunting or fishing.
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C. The person shall be required to have possession of his or
her valid handgun license or valid military identification card as
provided for qualified persons in t his section and a valid driver
license or state photo iden tification at all times when in
possession of an authorized pistol. The person shall display the
handgun license or a valid milit ary identification card as provided
for qualified persons in this se ction on demand of a law enforcement
officer; provided, ho wever, that in the absence of reasonable a nd
articulable suspicion of other criminal activity, an individual
carrying an unconceal ed or concealed handgun shall not be disarmed
or physically restrained unless the individual fails to display a
valid handgun license or a valid military identification card as
provided for qualified persons in this section in response to that
demand. Any violation of the provisions of this subsection may be
punishable as a criminal offense as authorized by Section 1272 of
this title or pursuant to any other applicable provision of law.
Upon the arrest of any person for a violation of the provisions
of this subsection, the person may show proof to the c ourt that a
valid handgun license and the other required identification has be en
issued to such person and the person ma y state any reason why the
handgun license, a valid military identification card as prov ided
for qualified persons in this section or th e other required
identification was not carried by the person as required by t he
Oklahoma Self-Defense Act. The court s hall dismiss an alleged
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violation of Section 1272 of this title upon payment of court co sts,
if proof of a valid handgun license and oth er required
identification is shown to the court within ten (10) days of the
arrest of the person. The court shall repo rt a dismissal of a
charge to the Bureau for consideration of administrative proceedings
against the licensee.
D. It shall be unlawful for any person to fa il or refuse to
identify the fact that the person is in ac tual possession of a
concealed or unconcea led firearm pursuant to the authority of the
Oklahoma Self-Defense Act during the course of any arrest,
detainment, or routine traffic s top. Said identific ation to the law
enforcement officer shall be required upo n the demand of the law
enforcement officer. No person shall be required to identify
himself or herself as a handgun licensee or as lawfully in
possession of any other firearm i f the law enforcemen t officer does
not demand the information. No person shal l be required to identify
himself or herself as a handgun licensee when no handgun is in the
possession of the person or in any ve hicle in which the person is
driving or is a passenger. Any violato r of the provisions of this
subsection may be issued a cit ation for an amount not exceeding One
Hundred Dollars ($100.00).
E. Any law enforcement officer coming in contact with a person
whose handgun license is suspended, revoked, or e xpired, or who is
in possession of a handgun license which has not been lawful ly
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issued to that person, shall confiscate the license and return it to
the Oklahoma State Bureau of Investigation for appropriate
administrative proceedings against the licensee when the license is
no longer needed as evidence in any criminal proceeding.
F. Nothing in this section shall be const rued to authorize a
law enforcement officer to inspect any weapon properly concealed or
unconcealed without probable cause that a crime has been committed.
SECTION 3. AMENDATORY 21 O.S. 20 21, Section 1290.9, is
amended to read as follows:
Section 1290.9
ELIGIBILITY
The following requirements shall apply to any person making
application to the Oklahoma State Bureau of I nvestigation for a
handgun license pursuant to the provisions of the Okla homa Self-
Defense Act. The person must :
1. Be a citizen of the United States with established residency
in the State of Oklahoma this state; or
2. Be a lawful permanent resident in the United States and have
established residency in the State of Oklahom a this state.
For purposes of the Oklahoma Self-Defense Act:
a. the term "residency" shall apply to any person who
either possesses a valid Oklahoma driver license or
state photo identification card, and physically
maintains a residence in this state or to any person,
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including the spouse of such person, who has permanent
military orders within this state and possesses a
valid driver license from another state where such
person and spouse of such person claim residency, and
b. the term "lawful permanent res ident" shall mean a
noncitizen who is lawf ully authorized to live
permanently within the United States;
3. Be at least:
a. twenty-one (21) years of age, or
b. eighteen (18) years of age but not yet twenty-one (21)
years of age and the person is a member or veteran of
the United States Armed Force s, the Reserves or
National Guard, or the person was discharged under
honorable conditions from the United States Armed
Forces, Reserves or N ational Guard;
4. Meet the age requirement provided in the provisions of
Section 1 of Article III of the Oklahoma Constitution;
5. Complete a firearms safety and training course and
demonstrate competence and qualifications with the type of pisto l to
be carried by the person as provided in Section 1290.14 of this
title, and submit proof of training and qualification or an
exemption for training and qualification as authorized by Section
1290.14 of this title;
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5. 6. Submit the required fee and comple te the application
process as provided in Section 1290.12 of this title; and
6. 7. Comply in good faith with the provis ions of the Oklahoma
Self-Defense Act.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason wher eof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON STATE POWERS, dated 03/01/2023 -
DO PASS.