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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1021 By: Olsen
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1277, which relates to the unlawful carry of
firearms in certain places; modify ing scope of
certain prohibited act; providing an exception;
prohibiting the carry of firearms into certain
places; deleting cons truing provisions; authorizing
the concealed carry of handguns into buildings and on
fairgrounds during the Oklahoma and Tulsa State
Fairs; authorizing event holders to allow for the
open carry of lawful firearms during the Oklahoma and
Tulsa State Fairs; authorizing public trusts and
nonprofit entities to allow for the open carry of
lawful firearms on public trust property; amend ing 21
O.S. 2021, Section 1 290.22, which relates to the
Oklahoma Self-Defense Act; prohibiting the carry of
concealed or unconcealed firearms at certain events;
deleting certain prohibition; and providing an
effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
amended to read as follows:
Section 1277.
UNLAWFUL CARRY IN CERTAIN PLACES
A. It shall be unlawful for any person, including a person in
possession of a valid handgun li cense issued pursuant to the
provisions of the Ok lahoma Self-Defense Act, to carry any concealed
or unconcealed firearm into any of the follo wing places:
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1. Any structure, building, or office space which is owned or
leased by a city, town, county, the state or federal governmental
authority for the purpose of conducting business with the p ublic;
2. Any courthouse, courtroom, prison, jail, deten tion facility
or any facility used to process, hold or house arrested persons,
prisoners or persons alleged delin quent or adjudicated delinquent,
except as provided in Section 21 of Title 57 of the O klahoma
Statutes;
3. Any public or private elementary o r public or private
secondary school, except as provided in subsections C and D of this
section;
4. Any publicly owned or operated sports arena or venue during
a professional sporting event, unless a llowed by the event holder;
5. Any place where gambli ng is authorized by law, unless
allowed by the property owner;
6. Any other place specifica lly prohibited by law ; and
7. Any public property set aside by a county, city, town,
public trust with a county, ci ty or town as a beneficiary, or state
governmental authority for an event that is secured with minimum -
security provisions; provided, however, the provisions of this
paragraph shall not apply to and specifically e xclude events held on
the fairgrounds and in building s of the fairgrounds that are open to
the general public during the Oklahoma State F air or the Tulsa State
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Fair. For purposes of this paragraph, a mini mum-security provision
consists of a location that is secured utilizing the following:
a. a metallic-style security fence that is at least eight
(8) feet in height that encompasses the property and
is secured in such a way as to deter unauthorized
entry,
b. controlled access points staffed by a uniformed,
commissioned peace officer, and
c. a metal detector whereby persons walk or otherwise
travel with their property through or by the metal
detector;
8. Any public building used for a public meeting conducted
under the Oklahoma Open Meeting Act, unless otherwise authorized by
law;
9. Any public facility providing substance abuse or mental
health services or any facilities providing substance abuse programs
to persons who are under the direct supervision of the state, a
county or municipality, unless otherwis e authorized by law; and
10. The State Capitol Building, unless oth erwise authorized by
law.
B. It shall be lawful for a person to carry a concealed or
unconcealed firearm on the following properties:
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1. Any property set aside for the use or parking of any
vehicle, whether attended or una ttended, by a city, town, county,
state or federal governmental authority;
2. Any property set aside for the use or parking of any
vehicle, whether attended or unattend ed, which is open to the
public, or by any entity engaged in gambling authorized by la w;
3. Any property adjacent to a structure, building or office
space in which concealed or unconcealed weapons are prohibited by
the provisions of this section;
4. Any property designated by a city, town, cou nty or state
governmental authority as a par k, recreational area, wildlife
refuge, wildlife management area , or state or county fairgrounds;
provided, nothing in this paragraph shall be construe d to authorize
any entry by a person in possession of a concealed or uncon cealed
firearm into any structure, building , office space or event which is
specifically prohibited by the provisions of subsection A of this
section;
5. Any property set aside by a public or private ele mentary or
secondary school for the use or parking o f any vehicle, whether
attended or unattended; provided, however, the firearm shall be
stored and hidden from view in a locked motor vehicle when the motor
vehicle is left unattended on school property; and
6. Any public property set aside temporarily by a county, city,
town, public trust with a coun ty, city or town as a beneficiary, or
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state governmental authority for the holder of an event permit that
is without minimum-security provisions, as such term is defined in
paragraph 7 of subsection A of this s ection; provided, the carry of
firearms within said permitted event area shall be limited to
concealed carry of a handgun unless otherwise authorized by the
holder of the event permi t; and
7. On the fairgrounds and in buildings located on the
fairgrounds that are open to the general public during the Oklahoma
State Fair or the Tulsa State Fair; provided, the handgun is carried
in a concealed manner. The event holder shall be authori zed to
allow for the open carry of all lawful firearms during the Oklahoma
State Fair or the Tulsa State Fair.
Nothing contained in any provision of this subsection or
subsection C of this section shall be construed to authoriz e or
allow any person in cont rol of any place described in subsection A
of this section to establish any policy or rule that has the effect
of prohibiting any person in lawful possession of a handgun license
or otherwise in lawful possession of a firearm f rom carrying or
possessing the firearm on the property described in this subsection.
C. A concealed or unconce aled weapon may be carried onto
private school property or in any school bus or vehicle used by any
private school for transportation of student s or teachers by a
person who is licensed pursuant to th e Oklahoma Self-Defense Act,
provided a policy has been adopted by the governing entity of the
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private school that authorizes the carrying and possession of a
weapon on private school property or in a ny school bus or vehicle
used by a private school. Except for acts of gross negligence or
willful or wanton mis conduct, a governing entity of a private school
that adopts a policy which authorizes the possession of a weapon on
private school property, a s chool bus or vehicle used by t he private
school shall not be subject to liability for any injuries arising
from the adoption of the policy . The provisions of this subsection
shall not apply to claims pursuant to the Administrative Workers '
Compensation Act.
D. Notwithstanding paragra ph 3 of subsection A of th is section,
a board of education of a school district ma y adopt a policy
pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to
authorize the carrying of a handgun onto school property b y school
personnel specifically designated by the board o f education,
provided such personnel either:
1. Possess a valid armed security guard license as provided for
in Section 1750.1 et seq. of Title 59 of the Oklah oma Statutes; or
2. Hold a valid reserve peace officer certification as provided
for in Section 3311 of Title 70 of the Oklahoma Statutes.
Nothing in this subsection shall be construed to restrict authority
granted elsewhere in law to carry firearms.
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E. Notwithstanding the provisions of s ubsection A of this
section, on any property designated as a municipal zoo or park of
any size that is owned, leased, operated or managed by:
1. A public trust created pursuant to the provisions of Section
176 of Title 60 of the Oklahoma Statutes; or
2. A nonprofit entity,
an individual shall be allowed to carry a concealed handgun but not
openly carry a handgun on the property. The public trust or
nonprofit entity shall be authorized to allow for the open carry of
all lawful firearms on the property of the public trust or nonprofit
entity.
F. Any person violating the provisions of paragraph 2 or 3 of
subsection A of this section shall, upon conviction, be guilt y of a
misdemeanor punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00). A person violating any other provisio n of
subsection A of this section may be denied entrance onto the
property or removed from the property. If the person refuses to
leave the property and a peace officer is summoned, the person may
be issued a citation for an amount not to exceed Two Hundr ed Fifty
Dollars ($250.00).
G. No person in possession of a valid handgun license issued
pursuant to the provisions of the Ok lahoma Self-Defense Act or who
is carrying or in possession of a firearm as otherwise permitted by
law or who is carrying or in po ssession of a machete, bla ckjack,
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loaded cane, hand chain or metal knuckles shall be authorized to
carry the firearm, machete, blackjack, loaded cane, hand chain or
metal knuckles into or upon any college, university or technology
center school property, e xcept as provided in this subsection. For
purposes of this subsection, the follow ing property shall not be
construed to be college, university or technology center school
property:
1. Any property set aside for the use or parking of any motor
vehicle, whether attended or unattend ed, provided the firearm,
machete, blackjack, loaded can e, hand chain or metal knuckles are
carried or stored as required by law and the firearm, machete,
blackjack, loaded cane, hand chain or metal knuckles are not removed
from the motor vehicle without t he prior consent of the college or
university president or technology center school administrator w hile
the vehicle is on any college, university or technology center
school property;
2. Any property authorized for possession or use of firearms,
machetes, blackjacks, loaded canes, hand chains or metal knuckles by
college, university or technology cent er school policy; and
3. Any property authorized by the written consent of the
college or university president or technology center school
administrator, provided the written consent is carried with the
firearm, machete, blackjack, loaded cane, hand chai n or metal
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knuckles and the valid handgun license while on college, university
or technology center school property.
The college, university or technology cent er school may notify
the Oklahoma State Bureau of Invest igation within ten (10) days of a
violation of any provision of this subsection by a licensee . Upon
receipt of a written notification of violation, the Bureau shall
give a reasonable notice to the li censee and hold a hearing. At the
hearing, upon a deter mination that the licensee has violated any
provision of this subsection, the licensee may be subject to an
administrative fine of Two Hundred Fifty Dollars ($250.00) and may
have the handgun license suspended for three (3) months.
Nothing contained in any provision of this subsection shall be
construed to authorize or allow any college, university or
technology center school to establish any policy or rule that has
the effect of prohibiting any person in lawful possession of a
handgun license or any person in lawful possession of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
possession of a firearm, machete, blackjack, loaded cane, hand chain
or metal knuckles in places described in paragraphs 1, 2 and 3 of
this subsection. Nothing contained in any provision of t his
subsection shall be construed to limit the authority of any college,
university or technology center school in this state from taki ng
administrative action a gainst any student for any violation of any
provision of this subsection.
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H. The provisions of this section shall not apply to the
following:
1. Any peace officer or any person authorized by law to carry a
firearm in the course of employment;
2. District judges, associate district judges and special
district judges, who are in possession of a valid handgun license
issued pursuant to the provisions of the Oklahoma Self -Defense Act
and whose names appear on a list maintained by th e Administrative
Director of the Courts, when acting in the course and scope of
employment within the courthouses of t his state;
3. Private investigators with a firearms authorization when
acting in the course and scope of employment;
4. Elected officials of a county, who are in possession of a
valid handgun license issued pursuant to the provisions of the
Oklahoma Self-Defense Act, may carry a concealed handgun when acting
in the performance o f his or her duties within the courthouses of
the county in which he or she was elected . The provisions of this
paragraph shall not allow the e lected county official to carry th e
handgun into a courtroom;
5. The sheriff of any county may authorize certain employees of
the county, who possess a valid handgun license issued pursuant to
the provisions of the Oklahoma Self-Defense Act, to carry a
concealed handgun when acting in the course and scope of employment
within the courthouse in the county in which the person is employed .
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Nothing in the Oklahoma Self -Defense Act shall prohibit the sher iff
from requiring additional instruction or training be fore granting
authorization to carry a concealed handgun within the courthouse .
The provisions of this paragraph and of paragraph 6 of this
subsection shall not allow the co unty employee to carry the handgun
into a courtroom, sheriff 's office, adult or ju venile jail or any
other prisoner detention area; and
6. The board of county commissioners of any county may
authorize certain employees of the county, who possess a valid
handgun license issued purs uant to the provisions of the Oklahoma
Self-Defense Act, to carry a concealed handgun when acting in the
course and scope of employment on county annex facilities or grounds
surrounding the county courthouse.
I. For the purposes of this section, "motor vehicle" means any
automobile, truck, minivan, sports util ity vehicle, or motorcycle,
as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes,
equipped with a locked accessory container within or affixed to the
motorcycle.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.22, is
amended to read as follows:
Section 1290.22
BUSINESS OWNER'S RIGHTS
A. Except as provided in subsections B, C and D of this
section, nothing contained in any provision of th e Oklahoma Self-
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Defense Act shall be construed to limit, restrict or prohibit in any
manner the existing rights of any per son, property owner, tena nt,
employer, liquor store, place of worship or business entity to
control the possession of weapons on any p roperty owned or
controlled by the person or business entity.
B. No person, property owner, tenant, employer, liquor stor e,
holder of an event per mit, place of worship or business entity shall
be permitted to establish any policy or rule that has the effe ct of
prohibiting any pers on, except a convicted felon, from transporting
and storing firearms in a locked vehicle on any property set aside
for any vehicle.
C. A property owner, tenant, employer, liquor store, place of
worship or business entity may proh ibit any person from carry ing 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 p roperty stating such prohi bition.
D. No person, property owner, tenant, employer, liq uor store,
holder of an event permit , place of worship or bus iness entity shall
be permitted to establish any policy or rule that has the effect of
prohibiting any person from carrying a concealed or unconcealed
firearm on property within the specific excl usion provided for
specified in paragraph 4 of subsection B of Section 1277 of this
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title; provided that carrying a concealed or unconcealed firearm may
be prohibited in the following places:
1. The portion of a public property structure or building
during an event authorized by the city, town, count y, or state or
federal governmental authority owning or controlling such building
or structure;
2. Any public property spor ts field including any adj acent
seating or adjacent area set aside for viewing a sporting event,
where an elementary or secondary sc hool, collegiate, or prof essional
sporting event or, an International Olympic Committee or
organization or any committee sub ordinate to the Internatio nal
Olympic Committee event, a national softball tournament event at the
USA Softball Hall of Fame Complex, or a national or international
Quarter Horse event is being held;
3. The fairgrounds during the Oklahoma State Fair or th e Tulsa
State Fair; and
4. 3. The portion of a public property structure or building
that is leased or under contract to a bus iness 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 person to being denied
entrance onto the property or removed f rom the property. If the
person:
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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 property; 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, employer, liquor store,
holder of an event permit, place of wo rship or business entity that
does or does not prohibit any individual, except a c onvicted felon,
from carrying a loaded or unloaded, 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, or has legal control of, i s immune from any
liability arising from that decision. Except for acts of gross
negligence or willful or wanton misconduct, an employer who does or
does not prohibit his or her employees from carrying a concealed or
unconcealed weapon is immune from 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 carrying a concealed or unconcealed
weapon pursuant to subse ction D of this sectio n shall be immune from
any liability arising from the carrying of a concealed or
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unconcealed weapon, while in the scope of empl oyment, on the
property or in or about a business entity vehicle. The provisions
of this subsection shall not apply to claims pu rsuant 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 pursuan t to this
section.
H. Nothing in subsections F and G of this section shall prevent
an employer, employee or person who has suffered loss resulting f rom
the discharge of a we apon to seek redress or damages of the person
who discharged the weapon or used th e weapon outside the p rovisions
of the Oklahoma Self-Defense Act.
SECTION 3. This act shall become effective November 1, 2023.
59-1-5467 GRS 12/13/22