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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2139 By: McDugle
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1277, which relates to the unlawful carry of
firearms on certain property; updating statutory
reference; authorizing handgun licensees to carry on
school property under certain circumstances; amending
21 O.S. 2021, Section 1280.1, which relates to the
possession of firearms on school pr operty; updating
statutory reference; authorizing handgun licensees to
carry on school property under certain circumstances ;
amending 70 O.S. 2021, Section 5 -149.2, which relates
to the authorization to carry handguns on school
property; authorizing school boards to adopt policies
related to carrying handguns on school property;
stating qualifications for designated personnel;
authorizing school boards to designate school
personnel to attend training programs; clarifying
immunity from liability provisions; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE 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
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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 follo wing places:
1. Any structure, building, or office space which is owne d or
leased by a city, town, county, 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 per sons,
prisoners or persons alleged delinquent 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 specifically prohibited by law ; and
7. Any property set aside by a county, city, town, public trust
with a county, city or town as a beneficiary, or state governmental
authority for an event that is secu red with minimum-security
provisions. For purposes of this paragraph, a minimum -security
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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 encompasse s the property and
is secured in such a way a s 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 t he 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 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 unattended, which is open to the
public, or by any entity engaged in gambling authorized by la w;
3. Any property adjacent to a struct ure, building or office
space in which concea led 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
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refuge, wildlife management area or fairgrounds; provide d, nothing
in this paragraph shall be construed to authorize any entry by a
person in possession of a concealed or unconceale d 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 use or parking of an y vehicle, whether
attended or unattended; provided, however, the firearm shall be
stored and hidden from view in a locked motor veh icle when the motor
vehicle is left unattended on school property ; and
6. Any public property set aside temporarily by a co unty, city,
town, public trust with a coun ty, city or town as a beneficiary, or
state governmental authority for the holder of an ev ent permit that
is without minimum-security provisions, as such term is defined in
paragraph 7 of subsection A of this secti on; provided, the carry of
firearms within said permitted event area shall be limited to
concealed carry of a handgun unless otherwi se authorized by the
holder of the event permit .
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 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
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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 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 purs uant to the Oklahoma Self-Defense Act,
provided a policy has been adopted 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 sch ool. Except for acts of gross negligence or
willful or wanton misconduct, 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 in juries 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 subsecti on A of this section,
a board of education of a school district may 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 t he 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 the
Oklahoma Security Guard and Pri vate Investigator Act; or
2. Hold a valid reserve peace officer certification as pr ovided
for in Section 3311 of Title 70 of the Oklahoma Statutes ; or
3. Possess a valid han dgun license issued pursuant to the
provisions of the Oklahoma Self -Defense Act and meet other
requirements authorized by the board of education of the school
district.
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, 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 c arry a concealed handgun but not
openly carry a handgun on the property.
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 H undred Fifty
Dollars ($250.00). A person violating any other provision of
subsection A of this section may be denied entrance onto the
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property or removed from the p roperty. 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 Hundred 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 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 o r upon any college, university or technology
center school property, 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 knuckle s 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 technology center
school property;
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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 writt en consent of the
college or university presid ent or technology center 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 coll ege, university
or technology center school pr operty.
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, t he 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 D ollars ($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 pos session of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
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possession of a firearm, machete, blackjack, lo aded 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 c ollege,
university or technology 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 Oklah oma Self-Defense Act
and whose names appear on a list maintained by 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 w hen
acting in the course and scope of employme nt;
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 courtho uses of
the county in which he or she was elected . The provisions of this
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paragraph shall not allow the elected county official to carry th e
handgun into a courtroom;
5. The sheriff of any county may authoriz e 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.
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 this paragraph and of paragraph 6 of this
subsection shall not allow the 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 count y may
authorize certain employees of the count y, who possess a valid
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 faciliti es or grounds
surrounding the county courthous e.
I. 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 Statutes,
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equipped with a locked accessory container within or aff ixed to the
motorcycle.
SECTION 2. AMENDATORY 21 O .S. 2021, Section 1280.1, is
amended to read as follows:
Section 1280.1
POSSESSION OF FIREARM ON SCHOOL PROPERTY
A. It shall be unlawful for any person to have in his or her
possession on any public or private school property or while in any
school bus or vehicle used by any school for transportation of
students or teachers any firearm or weapon designated in Section
1272 of this title, exc ept as provided in subsection C of this
section or as otherwise authorized by law.
B. For purposes of this section:
1. "School property" means any publicly owned property held for
purposes of elementary, secondary or vocational -technical education,
and shall not include property owned by public school districts or
where such property is leased or rented to an individu al or
corporation and used for purposes other than educational;
2. "Private school" means a school that offers a course of
instruction for students in one or more grades from preki ndergarten
through grade twelve and is not operated by a governmental entit y;
and
3. "Motor vehicle" means any automobile, truck, minivan or
sports utility vehicle.
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C. Firearms and weapons are allowed on school pr operty and
deemed not in violation of sub section A of this section as follows:
1. A gun or knife designed for hunti ng or fishing purposes kept
in a privately owned vehicle and properly displayed or stored as
required by law, provided such vehicle containi ng said gun or knife
is driven onto schoo l property only to transport a student to and
from school and such vehicle does not remain unattended on school
property;
2. A gun or knife used for the purposes of participating in the
Oklahoma Department of Wildl ife Conservation certified hunter
training education course or any other hunting, fishing, safety or
firearms training courses, or a recognized firearms sports event,
team shooting program or competition, or living history reenactment,
provided the course or event is approved by the principal or chief
administrator of the school where the course or event is offered,
and provided the weapon is properly displayed or stored as required
by law pending participation in the course, event, program or
competition;
3. Weapons in the possession of any peac e officer or other
person authorized by law to possess a weapon in the perf ormance of
his or her duties and responsibilities;
4. A concealed or unconcealed weapon carried onto private
school property or in any scho ol bus or vehicle used by any private
school for transportation of students or teachers by a person who is
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licensed pursuant to the Oklahoma Self-Defense Act, provided a
policy has been adopted by the governing entity of the private
school that authorizes the possession of a weapon on private sch ool
property or in any school bus or vehicle used by a private school.
Except for acts of gross negligence or willful or wanton misconduct,
a governing entity of a private school that adopts a policy which
authorizes the possession of a weapon on private school property, a
school bus or vehicle used by the private school shall b e immune
from liability for any injuries arising from the adoption of the
policy. The provisions of this paragraph shall not apply to claim s
pursuant to the Workers' Compensation Code;
5. A gun, knife, bayonet or other weapon in the possession of a
member of a veterans group, the national guard, active military, the
Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to
participate in a ceremony, assembly or educationa l program approved
by the principal or chief administrator of a school or s chool
district where the ceremony, assembly or educational program is
being held; provided, however, the gun or other weapon that uses
projectiles is not loaded and is inoperable at all times while on
school property;
6. A handgun carried in a motor vehic le pursuant to a valid
handgun license authorized by the Oklahoma Self -Defense Act onto
property set aside by a public or private elementary or secondary
school for the use or parki ng of any vehicle; provided, however,
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said handgun shall be stored and hidd en from view in a locked motor
vehicle when the motor vehicle is left unattended on school
property; and
7. A handgun carried onto public s chool property by school
personnel who have been designated by the board of education,
provided such personnel eithe r:
a. possess a valid armed security guard license as
provided for in Section 1750.1 et seq. of Title 59 of
the Oklahoma Statutes the Oklahoma Security Guard and
Private Investigator Act, or
b. hold a valid reserve peace officer certification as
provided for in Section 3311 of Title 70 of the
Oklahoma Statutes, or
c. possess a valid handgun license issued pursuant to the
Oklahoma Self-Defense Act and meet other requirements
authorized by the board of educa tion of the school
district,
if a policy has been adopted by the board of education of the school
district that authorizes the carrying of a handgun onto public
school property by such personn el. Nothing in this subsection shall
be construed to restrict authority granted elsewhere in law to carry
firearms.
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D. Any person violating the provisions of this section shall,
upon conviction, be guilty of a misdemeanor punishable by a fine of
not to exceed Two Hundred Fifty Dollars ($250.00) .
SECTION 3. AMENDATORY 70 O.S. 2021, Section 5 -149.2, is
amended to read as follows:
Section 5-149.2 A. The board of education of a school district
may, through a majority vote of the b oard, designate adopt a policy
to authorize the carrying of a handgun onto school property by
school personnel who have been issued a handgun license pursuant t o
the Oklahoma Self-Defense Act to attend an specifically designated
by the board of education, provided such personnel either:
1. Possess a valid armed security guard license as provided for
in the Oklahoma Security Guard and Private Investigator Act;
2. Hold a valid reserve peace officer certification as prov ided
for in Section 3311 of Title 70 of the Oklahoma Statutes; or
3. Possess a valid handgun license issued pursuant to the
provisions of the Oklahoma Self-Defense Act and meet other
requirements authorized by the board of educ ation of the school
district.
B. The board of education of a scho ol district may, through a
majority vote of the board, designate school personnel to attend an
armed security guard training program, as provided for in Section
1750.5 of Title 59 of the Oklahoma Statutes, or a reserve peace
officer certification program, a s provided for in Section 3311 of
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Title 70 of the Oklahoma Sta tutes, provided and developed by the
Council on Law Enforcement Education and Training (CLEET). N othing
in this section shall be construed to prohibit or limit the board of
education of a schoo l district from requiring ongoing educati on and
training.
B. C. Participation in either the armed security guard training
program or the reserve peace officer certification program shall be
voluntary and shall not in any way be considered a requirement fo r
continued employment with the school di strict. The board of
education of a school district shall have the final authority to
determine and designate the scho ol personnel who will be authorized
to obtain and use an armed security guard license or, reserve peace
officer certification, or handgun license in conjunction with their
his or her employment as school personnel.
C. D. The board of education of a school district that
authorizes school personnel to participate in either the armed
security guard program or the reserve peace officer program may pay
all necessary training, meal and lodging expenses associated with
the training.
D. E. When carrying a firearm pursuant to the provisions of
this act, the person shall at all times carry the firearm on his or
her person or the firearm shall be sto red in a locked and secure
location.
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E. F. Any school personnel who have successfully completed
either armed security guard training, reserve peace officer
certification training or handgun license training and while acting
in good faith shall not be immune from subject to civil and criminal
liability for any injury resulting from the carrying of a handgun
onto public school property as provided for in this act. Any board
of education of a school district or partic ipating local law
enforcement agency shal l not be immune from subject to civil and
criminal liability for any injury resulting from any act committed
by school personnel who are designated to carry a concealed handgun
on public school property pursuant to the provisions of this act.
F. G. In order to carry out the provisions of this section, the
board of education of a school district is authorized to enter into
a memorandum of understanding with local law enforcement entities.
SECTION 4. It being immediately necessary for the pr eservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-5073 GRS 01/01/23