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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2136 By: McDugle
AS INTRODUCED
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 1277, which relates to the
unlawful carry of firearms in certain places;
deleting certain restric tions; providing an
exception; authorizing the carry of firearms into
certain city or town buildings; authorizing
municipalities to allow for the carry of firearms
under certain circumstances; providing restrictions;
defining term; providing construing provision; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2 021, 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 license issued pursuant to the
provisions of the Oklahoma Self -Defense Act, to carry any concealed
or unconcealed firearm into any of the following places:
1. Any structure, building, or office space which is owned or
leased by a city, town, county or state governmental authority for
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the purpose of conducting business with the public, unless
authorized by state law ;
2. Any courthouse, courtroom, prison, jail, detention facility
or any facility used to process, hold or house arrested persons,
prisoners or persons alleged delinquent or adjudicated delinquent,
except as provided in Section 21 o f Title 57 of the Oklahoma
Statutes;
3. Any public or private elementary or 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 sport ing event, unless allowed by the event holder;
5. Any place where gambling is authorized by law, unless
allowed by the property owner;
6. Any other place specifically prohibited by law ; and
7. Any property set aside by a county, city, town, public trus t
with a county, city or town as a beneficiary, or state governmental
authority for an event that is secured with minimum -security
provisions. For purposes of this paragraph, a minimum -security
provision consists of a location that is secured utilizing th e
following:
a. a metallic-style security fence that is at least eight
(8) feet in height that encompasses the property and
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is secured in such a way as to deter unauthorized
entry,
b. controlled access points staffed by a uniformed,
commissioned peace offi cer, and
c. a metal detector whereby persons walk or otherwise
travel with their property through or by the metal
detector.
B. It shall be lawful for a person to carry a concealed or
unconcealed firearm on the following properties:
1. Any property set aside for the use or parking of any
vehicle, whether attended or unattended, by a city, town, county , or
state or federal governmental authority;
2. Any property set aside for the use or parking of any
vehicle, whether attended or unattended, 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 b y a city, town, county or state
governmental authority as a park, recreational area, wildlife
refuge, wildlife management area or fairgrounds; provided, nothing
in this paragraph shall be construed to authorize any entry by a
person in possession of a conc ealed or unconcealed firearm into any
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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 elementary or
secondary school for the u se or parking of 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 county, city or town as a beneficiary, or
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 subsect ion A of this section; 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 permit ; and
7. Any structure, building, or office space which i s owned or
leased by a city or town for the purpose of conducting bu siness with
the public.
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 control of any place de scribed in subsection A
of this section to establish any policy or r ule that has the effect
of prohibiting any person in lawful possession of a handgun license
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or otherwise in lawful possession of a firearm f rom carrying or
possessing the firearm on the pr operty described in this subsectio n.
C. A concealed or unconcealed 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 pursuan t to the Oklahoma Self-Defense Act,
provided a policy has been adopt ed by the governing entity of the
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 neglig ence or
willful or wanton miscondu ct, 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 the 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 paragraph 3 of subsection A of this section,
a board of education of a school district may ado pt 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 of education,;
provided, such personnel either:
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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.
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, oper ated, 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 n ot
openly carry a handgun on the pro perty.
F. Any person violating the provisions of paragraph 2 or 3 of
subsection A of this section s hall, 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 prov ision of
subsection A of this section may be denied entrance onto the
property or removed from the p roperty. If the person refuses to
leave the property and a peace officer is summoned, t he person may
be issued a citation for an amount not to exceed Two H undred Fifty
Dollars ($250.00).
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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 possessio n of a firearm as otherwise perm itted by
law or who is carrying or i n possession of a machete, blackjack,
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 propert y, except as provided in this subsection . For
purposes of this subsection, the following property s hall 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 unattended, provided the firearm,
machete, blackjack, loaded cane, 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 the prior consent of the college or
university president or technology center school administrator w hile
the vehicle is on any college, university or technolog y 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
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3. Any property authorized by the wri tten consent of the
college or university president or technology ce nter school
administrator, provided the written consent is carried with the
firearm, machete, blackj ack, loaded cane, hand chai n or metal
knuckles and the valid handgun license while on co llege, university
or technology center school property.
The college, university or technology center school may notify
the Oklahoma State Bureau of Investigation 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 licensee and hold a hearing . At the
hearing, upon a determination 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 establis h any policy or rule that has
the effect of prohibiting any person in lawful possession of a
handgun license or any person in lawful pos session of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
possession of a firearm, machet e, blackjack, loaded cane, hand chai n
or metal knuckles in places described in paragraphs 1, 2 and 3 of
this subsection. Nothing contained in any provision of t his
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subsection shall be construed to limit the authority of any college,
university or technolo gy center school in this state from taking
administrative action against any student for any violation of any
provision of this subsecti on.
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 a re in possession of a valid handgun license
issued pursuant to the provisions of the Okl ahoma Self-Defense Act
and whose names appear on a list maintained b y the 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 s cope of employment;
4. Elected officials of a county, who are in possession of a
valid handgun license issued pursuant to the provision s of the
Oklahoma Self-Defense Act, may carry a concealed handgun when acting
in the performance of 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 elected county official to carry th e
handgun into a courtroom;
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5. The sheriff of any county may author ize certain employees of
the county, who possess a valid handgun lic ense 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 .
Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
from requiring additional instruction or training befor e granting
authorization to carry a concealed handgun within the courthouse .
The provisions of thi s paragraph and of paragraph 6 o f this
subsection shall not allow th e county employee to carry the handgun
into a courtroom, sheriff 's office, adult or juvenile jail or any
other prisoner detention area; and
6. The board of county commissioners of any cou nty may
authorize certain employ ees of the county, who possess a val id
handgun license issued pursuant to the provisions of the Oklahoma
Self-Defense Act, to carry a co ncealed handgun when acting in the
course and scope of employment on county annex facili ties or grounds
surrounding the county courthouse.
I. Municipalities may authorize certain employees or public
officials of the municipality, municipal trust, or municipal
authority who possess a valid handgun li cense issued pursuant to the
provisions of the Oklahoma Self-Defense Act and who have
successfully completed any additional training or requirements , as
established by ordinance or resolution, to carry a concealed or
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unconcealed handgun or other firearm when acting in the scope and
course of employment.
2. For purposes of this s ubsection, firearms may not be present
in a location that is a firearm -prohibited location. As used in
this paragraph, "firearm-prohibited location" shall include any
building or room on municipally-owned, leased, or maintained
property designated as a fi rearm-prohibited location by the
municipality, municipal public trust, or municipal authority.
3. Nothing in this subsection shall be constru ed as a mechanism
to allow municipal employees to carry a f irearm as a duty or
function of their employment with t he municipality, municipal public
trust, or municipal authority.
J. For the purposes of this section, "motor vehicle" means any
automobile, truck, minivan, sports utility vehicle , or motorcycle,
as defined in Section 1 -135 of Title 47 of the Oklahoma Stat utes,
equipped with a locked accessory container within or affixed to the
motorcycle.
SECTION 2. This act shall becom e effective November 1, 2023.
59-1-5024 GRS 01/05/23