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28	28	STATE OF OKLAHOMA
29	29
30	30	2nd Session of the 59th Legislature (2024)
31	31
32	32	HOUSE BILL 3012 By: Crosswhite Hader
33	33
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35	35
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37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to firearms; amending 21 O.S. 2021,
41	41	Section 1280.1, which relates to possession of
42	42	firearms on school property; authorizing the
43	43	transport and storage of firearms and weapons on
44	44	school property under certain circumstances; removing
45	45	certain qualifier; updating language; clarifying
46	46	liability provision; considering certain individuals
47	47	as licensed and verified pursuant to the federal Gun-
48	48	Free School Zones Act of 1990; and providing an
49	49	effective date.
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58	58	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
59	59	SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is
60	60	amended to read as follows:
61	61	Section 1280.1 A. It shall be unlawful for any person to have
62	62	in his or her possession on any public or private school property or
63	63	while in any school bus or vehicle used by any school for
64	64	transportation of students or teachers any fire arm or weapon
65	65	designated in Section 1272 of this title, except as provided in
66	66	subsection C of this section or as otherwise authorized by law.
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93	93	B. For purposes of this section:
94	94	1. "School property" means any publicly owned property held for
95	95	purposes of elementary, secondary or vocational-technical education,
96	96	and shall not include property owned by public school districts or
97	97	where such property is leased or rented to an individual or
98	98	corporation and used for purposes other than educational;
99	99	2. "Private school" means a school that offers a course of
100	100	instruction for students in one or more grades from prekindergarten
101	101	through grade twelve and is not operated by a governmental entity;
102	102	and
103	103	3. "Motor vehicle" means any automobile, truck, minivan or
104	104	sports utility vehicle.
105	105	C. Firearms and weapons are allowed on school property and
106	106	deemed not in violation of subsection A of this section as follows:
107	107	1. A gun firearm or knife designed for self-defense or for
108	108	hunting or fishing purposes kept in a privately owned vehi cle and
109	109	properly displayed or stored as required by law , provided such
110	110	vehicle containing said gun or knife is driven onto school property
111	111	only to transport a student to and from school and such vehicle does
112	112	not remain unattended on school property ;
113	113	2. A gun firearm or knife used for the purposes of
114	114	participating in the Oklahoma Department of Wildlife Conservation
115	115	certified hunter training education course or any other hunting,
116	116	fishing, safety or firearms training courses, or a recognized
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143	143	firearms sports event, team shooting program or competition, or
144	144	living history reenactment, provided the course or event is approved
145	145	by the principal or chief administrator of the school where the
146	146	course or event is offered, and pr ovided the weapon firearm or knife
147	147	is properly displayed or stored as required by law pending
148	148	participation in the course, event, program or competition;
149	149	3. Weapons Firearms or weapons in the possession of any peace
150	150	officer or other person authorized by l aw to possess a weapon
151	151	firearms or weapons in the performance of his or her duties and
152	152	responsibilities;
153	153	4. A concealed or unconcealed firearm or weapon carried onto
154	154	private school property or in any school bus or vehicle used by any
155	155	private school for tr ansportation of students or teachers by a
156	156	person who is licensed pursuant to the Ok lahoma Self-Defense Act,
157	157	provided a policy has been adopted by the governing entity of the
158	158	private school that authorizes the possession of a firearm or weapon
159	159	on private school property or in any school bus or vehi cle used by a
160	160	private school. Except for acts of gr oss negligence or willful or
161	161	wanton misconduct, a governing entity of a private school that
162	162	adopts a policy which authorizes the possession of a firearm or
163	163	weapon on private school property, a school bus or vehicle used by
164	164	the private school shall be immune from and not subject to liability
165	165	for any injuries arising from the adoption of the policy. The
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192	192	provisions of this paragraph shall not apply to claims pursuant to
193	193	the Workers' Compensation Code;
194	194	5. A gun firearm, knife, bayonet or other weapon in the
195	195	possession of a member of a veterans gr oup, the national guard
196	196	National Guard, active military, the Reserve Officers ' Training
197	197	Corps (ROTC) or Junior ROTC, in order to participate in a ceremony,
198	198	assembly or educational program approved by the principal or chief
199	199	administrator of a school or school district whe re the ceremony,
200	200	assembly or educational program is being held; provided, however,
201	201	the gun firearm or other weapon that uses projectiles is not loaded
202	202	and is inoperable at all times while on school property;
203	203	6. A handgun firearm carried in a motor vehicle pursuant to a
204	204	valid handgun license authorized by the provisions of the Oklahoma
205	205	Self-Defense Act onto property set aside by a public or private
206	206	elementary or secondary school for the use or parking of any
207	207	vehicle; provided, however, said handgun the firearm shall be stored
208	208	and hidden from view in a locked motor vehicle when the motor
209	209	vehicle is left unattended on s chool property; and
210	210	7. A handgun carried onto public school property by school
211	211	personnel who have been designated by the board of education,
212	212	provided such personnel either:
213	213	a. possess a valid armed security guard license as
214	214	provided for in Section 1750.1 et seq. of Title 59 of
215	215	the Oklahoma Statutes, or
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242	242	b. hold a valid reserve peace officer certification as
243	243	provided for in Section 3311 of Title 70 of the
244	244	Oklahoma Statutes,
245	245	if a policy has been adopted by the board of education of the school
246	246	district that authorizes the carrying of a handgun ont o public
247	247	school property by such personnel. Nothing in this subsection shall
248	248	be construed to restrict authority granted elsewhere in law to carry
249	249	firearms.
250	250	D. Any person violating the provisions of this section shall ,
251	251	upon conviction, be guilty of a misd emeanor punishable by a fine of
252	252	not to exceed Two Hundred Fifty Dollars ($250.00).
253	253	E. Considering the right to keep and bear arms provided in
254	254	Section 26 of Article II of the Oklahoma Constitution, any person
255	255	who is not precluded from lawfully owning and possessing a firearm
256	256	pursuant to state law shall be considered to be in dividually
257	257	authorized by the State of Oklahoma within the meaning of the
258	258	provisions regarding individual licensure and verific ation pursuant
259	259	to the federal Gun-Free School Zones Act of 1990.
260	260	SECTION 2. This act shall become effective November 1, 2024.
261	261
262	262	59-2-9076 GRS 12/21/23

Oklahoma 2024 Regular Session

Oklahoma House Bill HB3012 Compare Versions