OK
Oklahoma House Bill HB1021

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1021 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 59th Legislature (2023)
3131
3232 HOUSE BILL 1021 By: Olsen
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3636 AS INTRODUCED
3737
3838 An Act relating to firearms; amending 21 O.S. 2021,
3939 Section 1277, which relates to the unlawful carry of
4040 firearms in certain places; modify ing scope of
4141 certain prohibited act; providing an exception;
4242 prohibiting the carry of firearms into certain
4343 places; deleting cons truing provisions; authorizing
4444 the concealed carry of handguns into buildings and on
4545 fairgrounds during the Oklahoma and Tulsa State
4646 Fairs; authorizing event holders to allow for the
4747 open carry of lawful firearms during the Oklahoma and
4848 Tulsa State Fairs; authorizing public trusts and
4949 nonprofit entities to allow for the open carry of
5050 lawful firearms on public trust property; amend ing 21
5151 O.S. 2021, Section 1 290.22, which relates to the
5252 Oklahoma Self-Defense Act; prohibiting the carry of
5353 concealed or unconcealed firearms at certain events;
5454 deleting certain prohibition; and providing an
5555 effective date.
5656
5757
5858 BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLA HOMA:
5959 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
6060 amended to read as follows:
6161 Section 1277.
6262 UNLAWFUL CARRY IN CERTAIN PLACES
6363 A. It shall be unlawful for any person, including a person in
6464 possession of a valid handgun li cense issued pursuant to the
6565 provisions of the Ok lahoma Self-Defense Act, to carry any concealed
6666 or unconcealed firearm into any of the follo wing places:
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9393 1. Any structure, building, or office space which is owned or
9494 leased by a city, town, county, the state or federal governmental
9595 authority for the purpose of conducting business with the p ublic;
9696 2. Any courthouse, courtroom, prison, jail, deten tion facility
9797 or any facility used to process, hold or house arrested persons,
9898 prisoners or persons alleged delin quent or adjudicated delinquent,
9999 except as provided in Section 21 of Title 57 of the O klahoma
100100 Statutes;
101101 3. Any public or private elementary o r public or private
102102 secondary school, except as provided in subsections C and D of this
103103 section;
104104 4. Any publicly owned or operated sports arena or venue during
105105 a professional sporting event, unless a llowed by the event holder;
106106 5. Any place where gambli ng is authorized by law, unless
107107 allowed by the property owner;
108108 6. Any other place specifica lly prohibited by law ; and
109109 7. Any public property set aside by a county, city, town,
110110 public trust with a county, ci ty or town as a beneficiary, or state
111111 governmental authority for an event that is secured with minimum -
112112 security provisions; provided, however, the provisions of this
113113 paragraph shall not apply to and specifically e xclude events held on
114114 the fairgrounds and in building s of the fairgrounds that are open to
115115 the general public during the Oklahoma State F air or the Tulsa State
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142142 Fair. For purposes of this paragraph, a mini mum-security provision
143143 consists of a location that is secured utilizing the following:
144144 a. a metallic-style security fence that is at least eight
145145 (8) feet in height that encompasses the property and
146146 is secured in such a way as to deter unauthorized
147147 entry,
148148 b. controlled access points staffed by a uniformed,
149149 commissioned peace officer, and
150150 c. a metal detector whereby persons walk or otherwise
151151 travel with their property through or by the metal
152152 detector;
153153 8. Any public building used for a public meeting conducted
154154 under the Oklahoma Open Meeting Act, unless otherwise authorized by
155155 law;
156156 9. Any public facility providing substance abuse or mental
157157 health services or any facilities providing substance abuse programs
158158 to persons who are under the direct supervision of the state, a
159159 county or municipality, unless otherwis e authorized by law; and
160160 10. The State Capitol Building, unless oth erwise authorized by
161161 law.
162162 B. It shall be lawful for a person to carry a concealed or
163163 unconcealed firearm on the following properties:
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190190 1. Any property set aside for the use or parking of any
191191 vehicle, whether attended or una ttended, by a city, town, county,
192192 state or federal governmental authority;
193193 2. Any property set aside for the use or parking of any
194194 vehicle, whether attended or unattend ed, which is open to the
195195 public, or by any entity engaged in gambling authorized by la w;
196196 3. Any property adjacent to a structure, building or office
197197 space in which concealed or unconcealed weapons are prohibited by
198198 the provisions of this section;
199199 4. Any property designated by a city, town, cou nty or state
200200 governmental authority as a par k, recreational area, wildlife
201201 refuge, wildlife management area , or state or county fairgrounds;
202202 provided, nothing in this paragraph shall be construe d to authorize
203203 any entry by a person in possession of a concealed or uncon cealed
204204 firearm into any structure, building , office space or event which is
205205 specifically prohibited by the provisions of subsection A of this
206206 section;
207207 5. Any property set aside by a public or private ele mentary or
208208 secondary school for the use or parking o f any vehicle, whether
209209 attended or unattended; provided, however, the firearm shall be
210210 stored and hidden from view in a locked motor vehicle when the motor
211211 vehicle is left unattended on school property; and
212212 6. Any public property set aside temporarily by a county, city,
213213 town, public trust with a coun ty, city or town as a beneficiary, or
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240240 state governmental authority for the holder of an event permit that
241241 is without minimum-security provisions, as such term is defined in
242242 paragraph 7 of subsection A of this s ection; provided, the carry of
243243 firearms within said permitted event area shall be limited to
244244 concealed carry of a handgun unless otherwise authorized by the
245245 holder of the event permi t; and
246246 7. On the fairgrounds and in buildings located on the
247247 fairgrounds that are open to the general public during the Oklahoma
248248 State Fair or the Tulsa State Fair; provided, the handgun is carried
249249 in a concealed manner. The event holder shall be authori zed to
250250 allow for the open carry of all lawful firearms during the Oklahoma
251251 State Fair or the Tulsa State Fair.
252252 Nothing contained in any provision of this subsection or
253253 subsection C of this section shall be construed to authoriz e or
254254 allow any person in cont rol of any place described in subsection A
255255 of this section to establish any policy or rule that has the effect
256256 of prohibiting any person in lawful possession of a handgun license
257257 or otherwise in lawful possession of a firearm f rom carrying or
258258 possessing the firearm on the property described in this subsection.
259259 C. A concealed or unconce aled weapon may be carried onto
260260 private school property or in any school bus or vehicle used by any
261261 private school for transportation of student s or teachers by a
262262 person who is licensed pursuant to th e Oklahoma Self-Defense Act,
263263 provided a policy has been adopted by the governing entity of the
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290290 private school that authorizes the carrying and possession of a
291291 weapon on private school property or in a ny school bus or vehicle
292292 used by a private school. Except for acts of gross negligence or
293293 willful or wanton mis conduct, a governing entity of a private school
294294 that adopts a policy which authorizes the possession of a weapon on
295295 private school property, a s chool bus or vehicle used by t he private
296296 school shall not be subject to liability for any injuries arising
297297 from the adoption of the policy . The provisions of this subsection
298298 shall not apply to claims pursuant to the Administrative Workers '
299299 Compensation Act.
300300 D. Notwithstanding paragra ph 3 of subsection A of th is section,
301301 a board of education of a school district ma y adopt a policy
302302 pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to
303303 authorize the carrying of a handgun onto school property b y school
304304 personnel specifically designated by the board o f education,
305305 provided such personnel either:
306306 1. Possess a valid armed security guard license as provided for
307307 in Section 1750.1 et seq. of Title 59 of the Oklah oma Statutes; or
308308 2. Hold a valid reserve peace officer certification as provided
309309 for in Section 3311 of Title 70 of the Oklahoma Statutes.
310310 Nothing in this subsection shall be construed to restrict authority
311311 granted elsewhere in law to carry firearms.
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338338 E. Notwithstanding the provisions of s ubsection A of this
339339 section, on any property designated as a municipal zoo or park of
340340 any size that is owned, leased, operated or managed by:
341341 1. A public trust created pursuant to the provisions of Section
342342 176 of Title 60 of the Oklahoma Statutes; or
343343 2. A nonprofit entity,
344344 an individual shall be allowed to carry a concealed handgun but not
345345 openly carry a handgun on the property. The public trust or
346346 nonprofit entity shall be authorized to allow for the open carry of
347347 all lawful firearms on the property of the public trust or nonprofit
348348 entity.
349349 F. Any person violating the provisions of paragraph 2 or 3 of
350350 subsection A of this section shall, upon conviction, be guilt y of a
351351 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
352352 Dollars ($250.00). A person violating any other provisio n of
353353 subsection A of this section may be denied entrance onto the
354354 property or removed from the property. If the person refuses to
355355 leave the property and a peace officer is summoned, the person may
356356 be issued a citation for an amount not to exceed Two Hundr ed Fifty
357357 Dollars ($250.00).
358358 G. No person in possession of a valid handgun license issued
359359 pursuant to the provisions of the Ok lahoma Self-Defense Act or who
360360 is carrying or in possession of a firearm as otherwise permitted by
361361 law or who is carrying or in po ssession of a machete, bla ckjack,
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388388 loaded cane, hand chain or metal knuckles shall be authorized to
389389 carry the firearm, machete, blackjack, loaded cane, hand chain or
390390 metal knuckles into or upon any college, university or technology
391391 center school property, e xcept as provided in this subsection. For
392392 purposes of this subsection, the follow ing property shall not be
393393 construed to be college, university or technology center school
394394 property:
395395 1. Any property set aside for the use or parking of any motor
396396 vehicle, whether attended or unattend ed, provided the firearm,
397397 machete, blackjack, loaded can e, hand chain or metal knuckles are
398398 carried or stored as required by law and the firearm, machete,
399399 blackjack, loaded cane, hand chain or metal knuckles are not removed
400400 from the motor vehicle without t he prior consent of the college or
401401 university president or technology center school administrator w hile
402402 the vehicle is on any college, university or technology center
403403 school property;
404404 2. Any property authorized for possession or use of firearms,
405405 machetes, blackjacks, loaded canes, hand chains or metal knuckles by
406406 college, university or technology cent er school policy; and
407407 3. Any property authorized by the written consent of the
408408 college or university president or technology center school
409409 administrator, provided the written consent is carried with the
410410 firearm, machete, blackjack, loaded cane, hand chai n or metal
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437437 knuckles and the valid handgun license while on college, university
438438 or technology center school property.
439439 The college, university or technology cent er school may notify
440440 the Oklahoma State Bureau of Invest igation within ten (10) days of a
441441 violation of any provision of this subsection by a licensee . Upon
442442 receipt of a written notification of violation, the Bureau shall
443443 give a reasonable notice to the li censee and hold a hearing. At the
444444 hearing, upon a deter mination that the licensee has violated any
445445 provision of this subsection, the licensee may be subject to an
446446 administrative fine of Two Hundred Fifty Dollars ($250.00) and may
447447 have the handgun license suspended for three (3) months.
448448 Nothing contained in any provision of this subsection shall be
449449 construed to authorize or allow any college, university or
450450 technology center school to establish any policy or rule that has
451451 the effect of prohibiting any person in lawful possession of a
452452 handgun license or any person in lawful possession of a firearm,
453453 machete, blackjack, loaded cane, hand chain or metal knuckles from
454454 possession of a firearm, machete, blackjack, loaded cane, hand chain
455455 or metal knuckles in places described in paragraphs 1, 2 and 3 of
456456 this subsection. Nothing contained in any provision of t his
457457 subsection shall be construed to limit the authority of any college,
458458 university or technology center school in this state from taki ng
459459 administrative action a gainst any student for any violation of any
460460 provision of this subsection.
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487487 H. The provisions of this section shall not apply to the
488488 following:
489489 1. Any peace officer or any person authorized by law to carry a
490490 firearm in the course of employment;
491491 2. District judges, associate district judges and special
492492 district judges, who are in possession of a valid handgun license
493493 issued pursuant to the provisions of the Oklahoma Self -Defense Act
494494 and whose names appear on a list maintained by th e Administrative
495495 Director of the Courts, when acting in the course and scope of
496496 employment within the courthouses of t his state;
497497 3. Private investigators with a firearms authorization when
498498 acting in the course and scope of employment;
499499 4. Elected officials of a county, who are in possession of a
500500 valid handgun license issued pursuant to the provisions of the
501501 Oklahoma Self-Defense Act, may carry a concealed handgun when acting
502502 in the performance o f his or her duties within the courthouses of
503503 the county in which he or she was elected . The provisions of this
504504 paragraph shall not allow the e lected county official to carry th e
505505 handgun into a courtroom;
506506 5. The sheriff of any county may authorize certain employees of
507507 the county, who possess a valid handgun license issued pursuant to
508508 the provisions of the Oklahoma Self-Defense Act, to carry a
509509 concealed handgun when acting in the course and scope of employment
510510 within the courthouse in the county in which the person is employed .
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537537 Nothing in the Oklahoma Self -Defense Act shall prohibit the sher iff
538538 from requiring additional instruction or training be fore granting
539539 authorization to carry a concealed handgun within the courthouse .
540540 The provisions of this paragraph and of paragraph 6 of this
541541 subsection shall not allow the co unty employee to carry the handgun
542542 into a courtroom, sheriff 's office, adult or ju venile jail or any
543543 other prisoner detention area; and
544544 6. The board of county commissioners of any county may
545545 authorize certain employees of the county, who possess a valid
546546 handgun license issued purs uant to the provisions of the Oklahoma
547547 Self-Defense Act, to carry a concealed handgun when acting in the
548548 course and scope of employment on county annex facilities or grounds
549549 surrounding the county courthouse.
550550 I. For the purposes of this section, "motor vehicle" means any
551551 automobile, truck, minivan, sports util ity vehicle, or motorcycle,
552552 as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes,
553553 equipped with a locked accessory container within or affixed to the
554554 motorcycle.
555555 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.22, is
556556 amended to read as follows:
557557 Section 1290.22
558558 BUSINESS OWNER'S RIGHTS
559559 A. Except as provided in subsections B, C and D of this
560560 section, nothing contained in any provision of th e Oklahoma Self-
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587587 Defense Act shall be construed to limit, restrict or prohibit in any
588588 manner the existing rights of any per son, property owner, tena nt,
589589 employer, liquor store, place of worship or business entity to
590590 control the possession of weapons on any p roperty owned or
591591 controlled by the person or business entity.
592592 B. No person, property owner, tenant, employer, liquor stor e,
593593 holder of an event per mit, place of worship or business entity shall
594594 be permitted to establish any policy or rule that has the effe ct of
595595 prohibiting any pers on, except a convicted felon, from transporting
596596 and storing firearms in a locked vehicle on any property set aside
597597 for any vehicle.
598598 C. A property owner, tenant, employer, liquor store, place of
599599 worship or business entity may proh ibit any person from carry ing a
600600 concealed or unconcealed firearm on the property. If the building
601601 or property is open to the public, the property owner, tenant,
602602 employer, liquor store, place of worship or business entity shall
603603 post signs on or about the p roperty stating such prohi bition.
604604 D. No person, property owner, tenant, employer, liq uor store,
605605 holder of an event permit , place of worship or bus iness entity shall
606606 be permitted to establish any policy or rule that has the effect of
607607 prohibiting any person from carrying a concealed or unconcealed
608608 firearm on property within the specific excl usion provided for
609609 specified in paragraph 4 of subsection B of Section 1277 of this
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636636 title; provided that carrying a concealed or unconcealed firearm may
637637 be prohibited in the following places:
638638 1. The portion of a public property structure or building
639639 during an event authorized by the city, town, count y, or state or
640640 federal governmental authority owning or controlling such building
641641 or structure;
642642 2. Any public property spor ts field including any adj acent
643643 seating or adjacent area set aside for viewing a sporting event,
644644 where an elementary or secondary sc hool, collegiate, or prof essional
645645 sporting event or, an International Olympic Committee or
646646 organization or any committee sub ordinate to the Internatio nal
647647 Olympic Committee event, a national softball tournament event at the
648648 USA Softball Hall of Fame Complex, or a national or international
649649 Quarter Horse event is being held;
650650 3. The fairgrounds during the Oklahoma State Fair or th e Tulsa
651651 State Fair; and
652652 4. 3. The portion of a public property structure or building
653653 that is leased or under contract to a bus iness or not-for-profit
654654 entity or group for offices.
655655 E. The otherwise lawful carrying of a concealed or un concealed
656656 firearm by a person on property that has signs prohibiting the
657657 carrying of firearms shall subject the person to being denied
658658 entrance onto the property or removed f rom the property. If the
659659 person:
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686686 1. Has been informed by the property owner, bus iness entity or
687687 manager of the business that the person is in violation of a policy
688688 that prohibits firearms on the property; and
689689 2. Refuses to leave the property and a peace officer is
690690 summoned,
691691 the person shall, upon conviction, be guilty of a misdemeano r
692692 punishable by a fine not to exceed Two Hundred Fifty Dollars
693693 ($250.00).
694694 F. A person, property owner, tenant, employer, liquor store,
695695 holder of an event permit, place of wo rship or business entity that
696696 does or does not prohibit any individual, except a c onvicted felon,
697697 from carrying a loaded or unloaded, concealed or unconcealed weapon
698698 on property that the person, property owner, tenant, employer,
699699 liquor store, holder of an event permit, place of worship or
700700 business entity owns, or has legal control of, i s immune from any
701701 liability arising from that decision. Except for acts of gross
702702 negligence or willful or wanton misconduct, an employer who does or
703703 does not prohibit his or her employees from carrying a concealed or
704704 unconcealed weapon is immune from any liability arising from that
705705 decision. A person, property owner, tenant, employer, liquor store,
706706 holder of an event permit, place of worship or busin ess entity that
707707 does not prohibit persons from carrying a concealed or unconcealed
708708 weapon pursuant to subse ction D of this sectio n shall be immune from
709709 any liability arising from the carrying of a concealed or
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736736 unconcealed weapon, while in the scope of empl oyment, on the
737737 property or in or about a business entity vehicle. The provisions
738738 of this subsection shall not apply to claims pu rsuant to the
739739 Administrative Workers' Compensation Act.
740740 G. It shall not be considered part of an employee 's job
741741 description or within the employee's scope of employment if an
742742 employee is allowed to carry or discharge a weapon pursuan t to this
743743 section.
744744 H. Nothing in subsections F and G of this section shall prevent
745745 an employer, employee or person who has suffered loss resulting f rom
746746 the discharge of a we apon to seek redress or damages of the person
747747 who discharged the weapon or used th e weapon outside the p rovisions
748748 of the Oklahoma Self-Defense Act.
749749 SECTION 3. This act shall become effective November 1, 2023.
750750
751751 59-1-5467 GRS 12/13/22