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ENGROSSED HOUSE
BILL NO. 2136 By: McDugle and Steagall of the
House
and
Stephens of the Senate
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;
providing an exception to certain prohibited act ;
authorizing municipalities to allow employees or
public officials to carry firearms under certain
circumstances; providing restrictions; defin ing term;
providing construing provision; providing for the
public display of firearms subject to policies; and
providing an effective date .
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
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 license issued pursuant to the
provisions of the Oklahoma S elf-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 or federal governmental
authority for the purpose of conducting business with the public.
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Notwithstanding the pr ovisions of this subsection, the governing
body of a city or town may authorize the concealed carry of handguns
into any structure, building or office space, except those places
listed in paragraph 2 of this subsection, which is owned or leased
by a city or town;
2. Any courthouse, courtroom, prison, jail, detention facility
or any facility used to process, hold or hou se 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:
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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 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 an y
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 fa irgrounds; provided, nothing
in this paragraph shall be construe d to authorize any entry by a
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person in possession of a conc ealed or unconcealed 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 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 t he 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 hand gun unless otherwise authorized by the
holder of the event permi t.
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 effe ct
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 pr operty described in this subsection.
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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 g ross negligence 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:
1. Possess a valid armed security guard license as provided for
in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
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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 not
openly carry a handgun on the pro perty.
F. Any person violating the provisions of paragraph 2 or 3 of
subsection A of this se ction 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 prov ision of
subsection A of this section may be denied entrance onto the
property or removed fro m the property. 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).
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 permitted by
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law or who is carrying or i n possession of a machete, blackjack,
loaded cane, hand chain or metal knuckles shall be auth orized 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 pro perty 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 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 tech nology 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 center school policy; and
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, blackjack, loaded cane, hand chain or metal
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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 determinatio n 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 provis ion 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 law ful possession of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
possession of a firearm, machete, 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 this
subsection shall be construed to limit the authority of any college,
university or technology center school in this state from taking
administrative action against 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 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 this 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 pr ovisions 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 the
handgun into a courtroom;
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.
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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 of 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 employees of the county, who possess a val id
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 on county annex facili ties or grounds
surrounding the county courthouse.
I. 1. Municipalities may authorize certain employees or public
officials of the municipality, municipal public 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
handgun when acting in the course and scope of employment.
2. For purposes of this subsection , firearms may not be present
in a location that is a firearm -prohibited location. As used in
this paragraph, "firearm-prohibited location" shall include the
following locations:
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a. any structure, building, or office space on
municipally owned, leased, or maintained property
designated as a firearm -prohibited location by the
municipality, municipal public trust, or municipal
authority, and
b. any police department, courthouse, courtroom, prison,
jail, detention facility, or any facility used to
process, hold, or house arrested persons, prisoners,
or persons alleged del inquent or adjudicated
delinquent.
3. Nothing in this section shall be cons trued as a mechanism to
allow municipal employees to carry a f irearm as a duty or function
of their employment with the municipality, municipal public trust,
or municipal authority.
4. Municipalities may authorize the public display of firearms
in public buildings subject to policies established by the
municipality, municipal public trust, or municipal authority.
J. For the purposes of this section, "motor vehicle" means any
automobile, truck, minivan, sports sport utility 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. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate