Oklahoma 2024 Regular Session

Oklahoma House Bill HB1380 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1380 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 6256 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		1st Session of the 59th Legislature (2023)
34	31
35		-	HOUSE BILL 1380 By: Gann and Hardin of the
36		-	House
37		-
38		-	and
39		-
40		-	Alvord of the Senate
41		-
	32	+	HOUSE BILL 1380 By: Gann
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47	38		AS INTRODUCED
48	39
49	40		An Act relating to firearms; amending 21 O.S. 2021,
50	41		Sections 1290.14 and 1290.15, which relate to the
51	42		Oklahoma Self-Defense Act; clarifying training
52	43		requirements when qualifying for a handgun license;
53	44		removing eligibility restriction for firearm
54	45		instructors; deleting obsolete lang uage; directing
55	46		firearms instructors to approve applicants under
56	47		certain circumstances ; removing eligibility
57	48		restriction for semiautomatic rating; deleting
58	49		specific qualifications for honorably discharged
59	50		military personnel who may be exempt from training
60	51		courses; deleting certain restriction that delays the
61	52		issuance of a handgun license; and providing an
62	53		effective date.
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71	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
72	59		SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.14, is
73	60		amended to read as follows:
	61	+	Section 1290.14
	62	+	SAFETY AND TRAINING COURSE
74	63
75		-	HB1380 HFLR Page 2
76		-	BOLD FACE denotes Committee Amendments. 1
	64	+	A. Each applicant for a license to carry a concealed or
	65	+	unconcealed handgun pursuant to the Oklahoma Self-Defense Act must
	66	+	successfully complete a firearms safety and training course in this
	67	+	state conducted by a registered and approved firearms instructor as
	68	+
	69	+	Req. No. 6256 Page 2 1
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101		-	Section 1290.14
102		-	SAFETY AND TRAINING COURSE
103		-
104		-	A. Each applicant for a license to carry a concealed or
105		-	unconcealed handgun pursuant to the Oklahoma Self-Defense Act must
106		-	successfully complete a firearms safety and training course i n this
107		-	state conducted by a registered and approved firearms instructor as
108	94		provided by the provisions of this section or from an interactive
109	95		online firearms safety and training course available electronically
110	96		via the Internet approved and certified by the C ouncil on Law
111	97		Enforcement Education and Training. The applicant must further
112	98		demonstrate competence an d qualification with an authorized pis tol
113	99		of the type or types that the applicant desires to carry as a
114	100		concealed or unconcealed handgun pursuant to the provisions of the
115	101		Oklahoma Self-Defense Act, except certain persons may be exempt from
116	102		such training requirement as provided by the provision s of Section
117	103		1290.15 of this title.
118	104		B. The Council on Law Enforcement Education and Training
119	105		(CLEET) shall establi sh criteria for approving firearms instructors
120	106		and interactive online firearms safety and training cou rses
121	107		available electronically via the Internet for purposes of training
122	108		and qualifying individuals for a handgun license pursuant to the
123	109		provisions of the Oklahoma Self-Defense Act. Prior to submitting an
124	110		application for CLEET approval as a firearms instr uctor, applicants
	111	+	shall attend a firea rms instructor school, meeting the following
	112	+	minimum requirements:
	113	+	1. Firearms instructor training conducted by on e of the
	114	+	following entities:
	115	+	a. Council on Law Enforcement Education and Training,
	116	+	b. National Rifle Association,
	117	+	c. Oklahoma Rifle Associati on,
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126		-	HB1380 HFLR Page 3
127		-	BOLD FACE denotes Committee Amendments. 1
	119	+	Req. No. 6256 Page 3 1
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152		-	shall attend a firea rms instructor school, meeting the following
153		-	minimum requirements:
154		-	1. Firearms instructor training conducted by o ne of the
155		-	following entities:
156		-	a. Council on Law Enforcement Education and Training,
157		-	b. National Rifle Association,
158		-	c. Oklahoma Rifle Associati on,
159	144		d. federal law enforcement agencies, or
160	145		e. other professionally recognized organizations;
161	146		2. The course shall be at least sixteen (16) hours in length;
162	147		3. Upon completion of the course, the applicant shall be
163	148		qualified to provide instruction on revolvers, semiautomatic
164	149		pistols, or both; and
165	150		4. Receive a course completion certificate.
166	151		All firearms instructors sha ll be required to meet the
167	152		eligibility requirements for a handgun license as provided in
168	153		Sections 1290.9, 1290.10, and 1290.11 of this title and the
169	154		application shall be processed as provided for applicants in Section
170	155		1290.12 of this title, including the s tate and national criminal
171	156		history records search and fingerprint search. A firearms
172	157		instructor shall be required to pay a fee of One Hundre d Dollars
173	158		($100.00) to the Council on Law Enforcement Education and Training
174	159		(CLEET) each time the person makes app lication for CLEET approval as
175	160		a firearms instructor pursuant to the provisions of the Oklahoma
	161	+	Self-Defense Act. The fee shall be retained by CLEET and shall be
	162	+	deposited into the Firearms Instructors Revolving Fund. CLEET shall
	163	+	promulgate the rules, fo rms and procedures necessary to implement
	164	+	the approval of firearms instructors as authorized by the pro visions
	165	+	of this subsection. CLEET sha ll periodically review each approved
	166	+	instructor during a training and qualification course to assure
	167	+	compliance with the rules and course contents. Any violation of the
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177		-	HB1380 HFLR Page 4
178		-	BOLD FACE denotes Committee Amendments. 1
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203		-	Self-Defense Act. The fee shall be retained by CLEET and shall be
204		-	deposited into the Firearms Instructors Revolving Fund. CLEET shall
205		-	promulgate the rules, f orms and procedures necessary to implement
206		-	the approval of firearms instructors as authorized by the pro visions
207		-	of this subsection. CLEET sha ll periodically review each approved
208		-	instructor during a training and qualification course to assure
209		-	compliance with the rules and course contents. Any violation of the
210	194		rules may result in the revocation or suspension of CLEET and
211	195		Oklahoma State Bureau of Investigation approval. Unless the
212	196		approval has been revoked or suspended, a firearms instructor 's
213	197		CLEET approval shall be for a term of five (5) years. Beginning on
214	198		July 1, 2003, any firearms instructor who has bee n issued a four-
215	199		year CLEET approval sh all not be eligible for the five-year approval
216	200		until the expiration of the approval previously issued. CLEET shall
217	201		be responsible for notifying all approved firearms instructors of
218	202		statutory and policy changes related to the Oklahoma Self -Defense
219	203		Act. A firearms instructor shall not be required to submit his or
220	204		her fingerprints for a fingerprint search when renewing a firearms
221	205		instructor's CLEET approval.
222	206		C. 1. All firearms instructors approved by CLEET to train and
223	207		qualify individuals for a handgun lic ense shall be required to apply
224	208		for registration with the Oklahoma State Bureau of Investigation
225	209		after receiving CLEET approval. All firearms instructors teaching
226	210		the approved course for a handgun license must display their
	211	+	registration certificate during each training and qualification
	212	+	course. Each approved firearms instructor shall complete a
	213	+	registration form prov ided by the Bureau and shall have the option
	214	+	to pay a registration fee of either One Hundred Dollars ($ 100.00)
	215	+	for a five-year registration certificate or Two Hundred Dollars
	216	+	($200.00) for a ten-year registration certificate to the Bureau at
	217	+	the time of each application for registration, except as provided in
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228		-	HB1380 HFLR Page 5
229		-	BOLD FACE denotes Committee Amendments. 1
	219	+	Req. No. 6256 Page 5 1
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254		-	registration certificate during each training and qualification
255		-	course. Each approved firearms instructor shall complete a
256		-	registration form pro vided by the Bureau and shall have the option
257		-	to pay a registration fee of either One Hundred Dollars ($ 100.00)
258		-	for a five-year registration certificate or Two Hundred Dollars
259		-	($200.00) for a ten-year registration certificate to the Bureau at
260		-	the time of each application for registration, except as provided in
261	244		paragraph 2 of this subsection. Registration ce rtificates issued by
262	245		the Bureau shall be valid for a period of five (5) years or ten (10)
263	246		years from the date of issuance. The Bureau shall issue a five -year
264	247		or ten-year handgun license to an approved firearms instructor at
265	248		the time of issuance of a regis tration certificate and no additional
266	249		fee shall be required or charged. The Bureau shall maintain a
267	250		current listing of all registered firearms instructo rs in this
268	251		state. Nothing in this paragraph shall be construed to eliminate
269	252		the requirement for regist ration and training with CLEET as prov ided
270	253		in subsection B of this section. Failure to register or be trained
271	254		as required shall result in a revocation o r suspension of the
272	255		instructor certificate by the Bureau.
273	256		2. On or after July 1, 2003, the registered Registered
274	257		instructors listed in subpa ragraphs a and b of this paragraph shall
275	258		not be required to renew the firearms instructor registration
276	259		certificate with the Ok lahoma State Bureau of Investigation at the
277	260		expiration of the registration term, provided th e instructor is not
	261	+	subject to any suspension or revocation of the firearms instructor
	262	+	certificate. The firearms instructor registration with the Oklahoma
	263	+	State Bureau of Investigation shall automatically renew together
	264	+	with the handgun license authorized in paragraph 1 of this
	265	+	subsection for an additional five-year term and no additional cost
	266	+	or fee may be charged for the following individuals:
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279		-	HB1380 HFLR Page 6
280		-	BOLD FACE denotes Committee Amendments. 1
	268	+	Req. No. 6256 Page 6 1
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305		-	subject to any suspension or revocation of the firearms instructor
306		-	certificate. The firearms instructor registration with the Oklah oma
307		-	State Bureau of Investigation shall automatically renew together
308		-	with the handgun license authorized in paragraph 1 of this
309		-	subsection for an additional five-year term and no additional cost
310		-	or fee may be charged for the following individuals:
311	293		a. an active duty law enforcement officer of this state
312	294		or any of its political subdivisions or of the federal
313	295		government who has a valid CLEET approv al as a
314	296		firearms instructor pursuant to the Oklahoma Self -
315	297		Defense Act, and
316	298		b. a retired law enforcement officer authorized to carry
317	299		a firearm pursuant to Section 1289.8 of this title who
318	300		has a valid CLEET approval as a firearms instructor
319	301		pursuant to the Oklahoma Self-Defense Act.
320	302		D. The Oklahoma State Bureau of Investigation shall approve
321	303		registration for a firearms instructor applicant who is in full
322	304		compliance with CLEET rules regarding firearms instructors and the
323	305		provisions of subsection B of this sec tion, if completion of the
324	306		federal fingerprint search is the only reason for delay of
325	307		registration of that firearms instructor applicant. Upon receipt of
326	308		the federal fingerprint search information, if the Bureau recei ves
327	309		information which precludes the pe rson from having a handgun
	310	+	license, the Bureau shall revoke both the registration and the
	311	+	handgun license previously issued to the firearms instructor.
	312	+	E. The required firearms safety and training course and the
	313	+	actual demonstration of competency and qual ification required of the
	314	+	applicant shall be designed and conducted in such a manner that the
	315	+	course can be reasonably complet ed by the applicant within an eight -
	316	+	hour period. CLEET shall establish the course content a nd
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329		-	HB1380 HFLR Page 7
330		-	BOLD FACE denotes Committee Amendments. 1
	318	+	Req. No. 6256 Page 7 1
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355		-	license, the Bureau shall revoke both the registration and the
356		-	handgun license previous ly issued to the firearms instructor.
357		-	E. The required firearms safety and training course and the
358		-	actual demonstration of competency and qual ification required of the
359		-	applicant shall be designed and conducted in such a manner that the
360		-	course can be reason ably completed by the applicant within an eight -
361		-	hour period. CLEET shall establish the course content a nd
362	343		promulgate rules, procedures and fo rms necessary to implement the
363	344		provisions of this subsection. For the training and qualification
364	345		course, an applicant may be charged a fee which shall be determined
365	346		by the instructor or entity that is conducting the c ourse. The
366	347		maximum class size shall b e determined by the instructor conducting
367	348		the course; provided, however, practice shooting sessions shall not
368	349		have more than ten participating students at one time. CLEET may
369	350		establish criteria for assistant instructo rs and any other
370	351		requirements deemed n ecessary to conduct a safe and effective
371	352		training and qualification course. The course content shall include
372	353		a safety inspection of the firearm to be used by the applicant in
373	354		the training course; instruction on pistol handling, safety and
374	355		storage; dynamics of ammunition and firing; methods or positions for
375	356		firing a pistol; information about the criminal provisions of the
376	357		Oklahoma law relating to firearms; the requirements of the Oklahoma
377	358		Self-Defense Act as it relates to the applicant; self -defense and
378	359		the use of appropriate force; a practice shooting session; and a
	360	+	familiarization course. The firearms instructor shall refuse to
	361	+	train or qualify any person when the pistol to be used or carried by
	362	+	the person is either d eemed unsafe or unfit for firing or is a
	363	+	weapon not authorized by the Oklahoma Self-Defense Act. The course
	364	+	shall provide an opportunity for the applicant to quali fy himself or
	365	+	herself on either a derringer, a revolver, with a semiautomatic
	366	+	pistol or any combination of a derringer, a revolver and a
379	367
380		-	HB1380 HFLR Page 8
381		-	BOLD FACE denotes Committee Amendments. 1
	368	+	Req. No. 6256 Page 8 1
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406		-	familiarization course. The firearms instructor sha ll refuse to
407		-	train or qualify any person when the pistol to be used or carried by
408		-	the person is either d eemed unsafe or unfit for firing or is a
409		-	weapon not authorized by the Oklahoma Self-Defense Act. The course
410		-	shall provide an opportunity for the applic ant to qualify himself or
411		-	herself on either a derringer, a revolver, with a semiautomatic
412		-	pistol or any combination of a derringer, a revolver and a
413	393		semiautomatic pistol,; provided, no pistol shall be capable of
414	394		firing larger than .45 caliber ammunition. Any applicant who
415	395		successfully trains and qualifies himself or herself with a
416	396		semiautomatic pistol may shall be approved by the firearms
417	397		instructor on the training certificate for a semiautomatic pistol, a
418	398		revolver and a derringer upon request of the applicant. Any person
419	399		who qualifies on a derringer or revolver shall not be eligible for a
420	400		semiautomatic rating until the person has demonstrated competence
421	401		and qualifications on a semiautomatic pistol . Upon successful
422	402		completion of the training and qualification course, a certificat e
423	403		of training and a certificate of competency and qualification shall
424	404		be issued to each applicant who successfully co mpletes the course.
425	405		The certificate of training and certificate of competency and
426	406		qualification shall comply with the forms established by CLEET and
427	407		shall be submitted with an application for a handgun license
428	408		pursuant to the provisions of paragraph 2 of subsection A of Section
429	409		1290.12 of this title. The certificate of training and certificate
	410	+	of competency and qualification issued to an ap plicant shall be
	411	+	valid for a period of three (3) years.
	412	+	F. There is hereby cre ated a revolving fund for the Council on
	413	+	Law Enforcement Education and Training (CLEET), to be designated the
	414	+	"Firearms Instructors Revolving Fund ". The fund shall be a
	415	+	continuing fund, not subject to fiscal year limitations, and shall
	416	+	consist of all funds received for approval of firearms in structors
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431		-	HB1380 HFLR Page 9
432		-	BOLD FACE denotes Committee Amendments. 1
	418	+	Req. No. 6256 Page 9 1
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457		-	of competency and qual ification issued to an ap plicant shall be
458		-	valid for a period of three (3) years.
459		-	F. There is hereby cre ated a revolving fund for the Council on
460		-	Law Enforcement Education and Training (CLEET), to be designated the
461		-	"Firearms Instructors Revolving Fund ". The fund shall be a
462		-	continuing fund, not subject to fiscal year limitations, and shall
463		-	consist of all funds received for approval of firearms in structors
464	443		for purposes of the Oklahoma Self-Defense Act. All funds received
465	444		shall be deposited to the fund. All monies accruing to the cr edit
466	445		of said fund are hereby appropriated and may be budgeted and
467	446		expended by the Council on Law Enforcement Educatio n and Training,
468	447		for implementation of the training and qualification course
469	448		contents, approval of firearms instructors and any other CLEET
470	449		requirement pursuant to the provisions of the Oklahoma Self -Defense
471	450		Act or as may otherwise be deemed appropriate by CLEET.
472	451		Expenditures from said fund shall be made upon warrants issued by
473	452		the State Treasurer against claims filed as prescribed by law wit h
474	453		the Director of the Office of Management and Enterprise Services for
475	454		approval and payment.
476	455		G. Firearms instructors shall keep on file for a period of not
477	456		less than three (3) years a roster of each training class, the
478	457		safety test score of each individual , the caliber and type of the
479	458		weapon each individual used when qualifying and w hether or not each
480	459		individual successfully completed the training course. Firearms
	460	+	instructors shall be authorized to destroy all training documents
	461	+	and records upon expiration of the three-year time period.
	462	+	SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.15, is
	463	+	amended to read as follows:
	464	+	Section 1290.15
	465	+	PERSONS EXEMPT FROM TRAINING COURSE
481	466
482		-	~~HB1380 HFLR Page 10~~
483		-	~~BOLD FACE denotes Committee Amendments.~~ 1
	467	+
	468	+	Req. No. 6256 Page 10 1
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508		-	instructors shall be authorized to destroy all training documents
509		-	and records upon expiration of the three-year time period.
510		-	SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.15, is
511		-	amended to read as follows:
512		-	Section 1290.15
513		-	PERSONS EXEMPT FROM TRAINING COURSE
514		-
515	493		A. The following individuals may be exempt from all or part of
516	494		the required training and qualification course establishe d pursuant
517	495		to the provisions of Section 1290.14 of this title:
518	496		1. A firearms instructor registered with the Oklahoma State
519	497		Bureau of Investigation for purposes of the Oklahoma Self -Defense
520	498		Act;
521	499		2. An active duty or reserve duty law enforcement officer of
522	500		this state or any of its political subdivision s or of the federal
523	501		government;
524	502		3. A retired law enforcement officer authorized by this state
525	503		pursuant to Section 1289.8 of this title to carry a firearm;
526	504		4. A Council on Law Enforcement Education and Traini ng (CLEET)
527	505		certified armed security officer, ar med guard, correctional officer,
528	506		or any other person having a CLEET certification to carry a firearm
529	507		in the course of their employment;
530	508		5. A person on active military duty, National Guard duty or
531	509		regular military reserve duty who is a legal resident of th is state
532	510		and who is trained and qualified in the use of handguns;
	511	+	6. A person honorably discharged from active military duty,
	512	+	National Guard duty or military reserves within twenty (20) years
	513	+	preceding the date of the application for a handgun license pur suant
	514	+	to the provisions of the Oklahoma Self-Defense Act, who is a legal
	515	+	resident of this state , and who has been trained and qualified in
	516	+	the use of handguns;
533	517
534		-	HB1380 HFLR Page 11
535		-	BOLD FACE denotes Committee Amendments. 1
	518	+	Req. No. 6256 Page 11 1
536	519		2
537	520		3
538	521		4
539	522		5
540	523		6
541	524		7
542	525		8
543	526		9
544	527		10
545	528		11
546	529		12
547	530		13
548	531		14
549	532		15
550	533		16
551	534		17
552	535		18
553	536		19
554	537		20
555	538		21
556	539		22
557	540		23
558	541		24
559	542
560		-	6. A person honorably discharged from active military dut y,
561		-	National Guard duty or military reserves within twenty (20) years
562		-	preceding the date of the application for a handgun license pur suant
563		-	to the provisions of the Oklahoma Self-Defense Act, who is a legal
564		-	resident of this state , and who has been trained an d qualified in
565		-	the use of handguns;
566	543		7. A person retired as a peace officer in good s tanding from a
567	544		law enforcement agency located i n another state, who is a legal
568	545		resident of this state, and who has received training equivalent to
569	546		the training required for CLEET certification in this state; and
570	547		8. Any person who is otherwise deemed quali fied for a training
571	548		exemption by CLEET.
572	549		B. No person who is determined to be exempt from training or
573	550		qualification may carry a concealed or unconcealed firearm pursuant
574	551		to the authority of the Oklahoma Self -Defense Act until issued a
575	552		valid handgun license or possesses a valid military identification
576	553		card as provided for qualified persons in Section 1290.8 of this
577	554		title.
578	555		C. Nothing contained in any provision of the Oklahoma Self -
579	556		Defense Act shall be construed to alter, amend, or modify the
580	557		authority of any active duty law enforcement officer, or any pe rson
581	558		certified by the Council on Law Enforcement Education and Training
582	559		to carry a pistol during the course of their employment, to carry
583		-
584		-	HB1380 HFLR Page 12
585		-	BOLD FACE denotes Committee Amendments. 1
586		-	2
587		-	3
588		-	4
589		-	5
590		-	6
591		-	7
592		-	8
593		-	9
594		-	10
595		-	11
596		-	12
597		-	13
598		-	14
599		-	15
600		-	16
601		-	17
602		-	18
603		-	19
604		-	20
605		-	21
606		-	22
607		-	23
608		-	24
609		-
610	560		any pistol in any manner authorized by law or authorized by the
611	561		employing agency.
612	562		SECTION 3. This act shall bec ome effective November 1, 2023.
613	563
614		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/08/2023 -
615		-	DO PASS, As Coauthored.
	564	+	59-1-6256 GRS 12/19/22