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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 374 By: Kirt
AS INTRODUCED
An Act relating to domestic violence; amending 21
O.S. 2021, Section 1283, as amended by Section 1,
Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2022, Section
1283), which relates to convicted felon s and
delinquents; conforming language; prohibiting persons
convicted of certain offenses or subject to a final
protective order from possessing firearms and handgun
licenses; modifying definitions; requiring court to
make certain order upon certain conviction or
issuance of protective order; establishing
requirements for transfer of firearms and handgun
licenses under certain circumstances; requiring
written proof of transfer; requiring person to fil e
certain declaration and proof of transfer with court;
prohibiting prosecution of certain offense under
specified circumstances; requiring return of firea rms
and handgun license upon expiration or terminati on of
protective order; requiring certain background check
prior to return of firearms and handgun license;
authorizing contempt proceedings under certain
circumstances; authorizing search warrant for remov al
of firearms under certain ci rcumstances; providing
for storage of transferred firearms and handgun
licenses; authorizing storage fee; authorizing
development of rules an d policies for storage and
disposal of firearms and handgun licenses by law
enforcement agencies; amending 22 O.S. 2021, Section
60.11, as amended by Section 8, Chapter 318, O.S.L.
2022 (22 O.S. Supp. 2022, Section 60 .11), which
relates to protective orders; modifying required
statement to be printed on ex parte or final
protective order; providin g for codification; and
providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1283, as
amended by Section 1, Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2022,
Section 1283), is amended to re ad as follows:
Section 1283. CONVICTED FELONS AND DELINQUENTS
A. Except as provided in subsection B of this section, it shall
be unlawful for any person co nvicted of any felony in any court of
this state or of another state or of the Unit ed States to have in
his or her possession or under his or her immediate control, or in
any vehicle which the person is operating, or at the residence where
the convicted person resides, any pistol, imitation or h omemade
pistol, altered air or toy pistol, machine gun, sawed-off shotgun or
sawed-off rifle, or any other firearm.
B. Any person who has previously been convicted of a nonviolent
felony in any court of this state or of another s tate or of the
United States, and who has received a full and complete pardon from
the proper authority and has not been convicted of any other felony
offense which has not been pardoned, shall have restored the right
to possess any firearm or other weapon prohibited by subsection A of
this section, the right to apply for and carry a handgun, concealed
or unconcealed, pursuant to the provisions of the Oklahoma Self-
Defense Act or as otherwise permitted by law, and have the right to
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perform the duties of a peace officer, gunsmith, and for firearms
repair.
C. It shall be unlawful for any person serving a term of
probation for any felony in an y court of this state or of another
state or of the United States or under the jurisdiction of any
alternative court program to have in his or her possession or under
his or her immediate control, or at his or her residence, or in any
passenger vehicle whi ch the person is operating, any pistol, shotgun
or rifle including any imitat ion or homemade pistol, altered air or
toy pistol, toy shotgun or toy rifle, while such person is subject
to supervision, probation, parole or inmate status.
D. It shall be unlawful for any person previously adjudicated
as a delinquent child or a youth ful offender for the commission of
an offense, which would have constituted a felony offense if
committed by an adult, to have in the possession of the person or
under the immediate control of the person, or have in any vehicle
which he or she is driving , or at the residence of the person, any
pistol, imitation or homemade pistol, altered air or toy pistol,
machine gun, sawed-off shotgun or sawed-off rifle, or any other
dangerous or deadly firearm within ten (10) years after such
adjudication; provided, that nothing in this subsection shall be
construed to prohibit the placement of the person in a home with a
full-time duly appointed peace officer who is certified by the
Council on Law Enforcement Education and Training (CLEET) pursuant
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to the provisions of Section 3311 of Title 70 of the Oklahoma
Statutes.
E. It shall be unlawful for any person w ho is an alien
illegally or unlawfully in the United States to have in the
possession of the person or under the immediate control of the
person, or in any vehicle the person is operating, or at the
residence where the person resides, any pistol, imitation or
homemade pistol, altered air or toy pistol, shotgun, rifle or any
other dangerous or d eadly firearm; provided, that nothing in this
subsection applies to prohibit the tra nsport or detention of the
person by law enforcement officers or federal immigrati on
authorities. Any person who violates the provisions of this
subsection shall, upon con viction, be guilty of a misdemeanor
punishable by a fine of Two Hundred Fifty Dollar s ($250.00).
F. It shall be unlawful for any person :
1. Convicted of misdemeanor domestic abuse under subsection C
of Section 644 of this tit le;
2. Convicted of misdemeanor stalking under paragraph 2 of
subsection A of Sectio n 1173 of this title ;
3. Convicted of a misdemeanor crime of domestic violenc e as
defined in 18 U.S.C. Section 921(a)(33)(A) in any court of this
state or of another state or of the United States ; or
4. Subject to a final protective order issued pursuant to
subsection C of Section 60.4 of Title 22 of the Oklahoma Statutes or
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a foreign protective order that qual ifies as an order described in
18 U.S.C. Section 922(d)(8) or (g)(8),
to have in his or her possession, under his or her immediate
control, in any vehicle which the person is operating or in which
the person is riding as a passenger, or at the residence w here the
convicted person resides, any p istol, imitation or homemade pistol,
altered air or toy pistol, machine gun, sh otgun or rifle, or any
other dangerous or dea dly firearm.
G. Any person having been issued a handgun license pursuant to
the provisions of the Oklahoma Self-Defense Act and who knowingly or
intentionally allows a convicted felon or adjudicated delinquent or
a youthful offender as prohi bited by the provisions of subsection A,
C, or D of this section to possess or have control of any firearm
authorized by the Oklahoma Self-Defense Act shall, upon conv iction,
be guilty of a felony punishable by a fine no t to exceed Five
Thousand Dollars ($5,000.00). In addition, the person shall have
the any handgun license revoked by the Oklahoma State Bureau of
Investigation after a hearing and determination that the per son has
violated the provisions of this section.
G. H. Any convicted or adju dicated person violating the
provisions of this section shall, upon conviction, be guilty of a
felony punishable as provided in Section 1284 of this title.
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H. I. For purposes of this section, "sawed-off shotgun" or
"sawed-off rifle" shall mean any shotgun or rifle which the barrel
or barrels have been illegally shortened in length.
I. For purposes of this section, "altered toy pistol" shall
mean any toy weapon which has been altered from its original
manufactured state to resemble a real wea pon.
J. For purposes of this section, "altered:
1. "Altered air pistol" shall mean any means an air pistol
manufactured to propel projectiles by air pressure which has been
altered from its origina l manufactured state.;
2. "Altered toy pistol" means a toy weapon which has been
altered from its original manufactured sta te to resemble a real
weapon;
K. For purposes of this section, "alternative 3. "Alternative
court program" shall mean any means a drug court, Anna McBride or
mental health court, DUI court or veterans court; and
4. "Sawed-off shotgun" or "sawed-off rifle" means a shotgun or
rifle on which the barrel or barrels have been illegally shortened .
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 60.10 of Title 22, unless there
is created a duplication in numb ering, reads as follows:
A. When a person is convicted of domestic abuse pursuant to
Section 644 of Title 21 of the Oklahoma Statutes , stalking pursuant
to Section 1173 of Title 21 of the Oklahoma Statutes , or becomes
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subject to a final pro tective order pursuant to Section 60.4 of
Title 22 of the Oklahoma Statutes, the court shall, at t he time of
conviction or issuance of the protective order :
1. Indicate in the judgment of conviction or protective order
that the person is prohibited from possessing a firearm pursuant to
subsection F of Section 1283 of Ti tle 21 of the Oklahoma Stat utes;
2. Order in writing that the person transfer all firear ms and
any handgun license issued pursuant to the provisions of the
Oklahoma Self-Defense Act in the person's possession in accordance
with subsection B of thi s section; and
3. Order that the person file a declaration as described in
subsection D of this section.
B. Excluding legal holida ys and weekends, within twenty-four
(24) hours of becoming subject to a court order under paragraph 2 of
subsection A of this sectio n, a person shall transfer al l firearms
and any handgun license in the person's possession to a law
enforcement agency within the municipality or county in which the
person resides or to a licensed dealer as defined in paragraph 1 of
subsection A of Sectio n 1289.28 of Title 21 of the Oklahoma
Statutes, and shall obtain a proof of transfer unde r subsection C of
this section. If the person is incarcerated at the time the order
is issued, the person shall transfer the firearms and any handgun
license no later than twenty-four (24) hours after release from
incarceration, exclusive of legal holiday s and weekends.
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C. A law enforcement agency or licensed dealer receiving a
firearm or handgun license pursuant to this subsection shall issue
to the person a written proof of transfer. The proof of transfer
shall include the name of the person, the date of transfer and the
serial number and make and model of each transferred firearm.
D. Exclusive of legal holidays and weekends, within forty-eight
(48) hours of becoming subject to a court order under par agraph 2 of
subsection A of this section, a person shall file with the court a
declaration under penalty of perjury attesting that:
1. All firearms and any handgun licens e in the person's
possession have been transferr ed under subsection B of this section
to a law enforcement agency or licensed dealer ;
2. The person was not in possession of any firearms or handgun
license at the time of the court order and continues to not possess
any firearms or handgun license; or
3. The person is asserting the person 's constitutional right
against self-incrimination.
E. The person shall file with the declaration a copy of the
proof of transfer, if applicable.
F. A person in possession of a firearm in violation of
subsection F of Section 1283 of Title 21 of the Oklahoma Statutes
shall not be prosecuted for t hat violation if:
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1. The person is in possession of a c ourt order described in
paragraph 2 of subsection A of this section that was issued within
the previous twenty-four (24) hours;
2. The firearm is unloaded; an d
3. The person is transporting the fire arm or ammunition to a
law enforcement agency or federally licensed dealer in accordance
with subsection B of this section.
G. Upon the expiration or termination of a protective order, at
the request of the person, a law enforcement agency or licensed
dealer shall return any stored firearms and handgun license to the
person after performing a check of the National Instant Criminal
Background Check System (NICS) to confirm that th e person is not
prohibited from posse ssing a firearm or ammunition under state or
federal law.
H. If the person does not file a declaration described in
subsection D of this section, the court may commence contempt
proceedings pursuant to Section 567 of Title 21 of the Oklahoma
Statutes.
I. On application by a law enforcement offi cer based on
probable cause to believe that the person has failed to tran sfer one
or more firearms in accordance with this section, the court may
authorize the execution of a sea rch warrant for the removal of
firearms from any location where the court has probabl e cause to
believe a firearm possessed by the person is located.
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J. 1. A law enforcement agency may enter into an agreement
with another law enforcement agency or storag e facility for the
storage of transferred firearms or handgun licenses. A law
enforcement agency may charge a fee for storage which shall not
exceed the costs incurred by the law enforcement agency for
providing storage.
2. Law enforcement agencies may promulgate rules and procedures
pertaining to the storage and disposal of firearms and handgun
licenses that are transferred in accordance w ith this section.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 60.11, as
amended by Section 8, Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 60.11), is amended to read as fo llows:
Section 60.11. In addition to any other provisions re quired by
the Protection from Domestic Abuse Act, or otherwise requ ired by
law, each ex parte or final protective order issued pursuant to the
Protection from Domestic Abuse Act shall have a statement printed in
bold-faced type or in capital letters contai ning the following
information:
1. The filing or nonfiling of criminal charges and the
prosecution of the case shall not be determined by a pe rson who is
protected by the protective order, but shall be determined by t he
prosecutor;
2. No person, including a person who is prote cted by the order,
may give permission to anyone to ignore or violate any provision of
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the order. During the time in wh ich the order is valid, every
provision of the order shall be in full force and effect unless a
court changes the order;
3. The order shall be in effect for a fixed period of five (5)
years unless extended, modified, vacated or rescinded by the court
or shall be continuous upon a specific finding by the court as
provided in subparagraph b of paragraph 1 of subsectio n G of Section
60.4 of this title unless modified, vacated or rescinded by the
court;
4. The order shall be entered into the National Crime
Information Center (NCIC) database;
5. A violation of the order is punishabl e by a fine of up to
One Thousand Dollars ($1,000.00) or imprisonment for up to one (1)
year in the county jail, or by both such fine and imprisonment. A
violation of the order whi ch causes injury is punishable by
imprisonment for twenty (20) days to one (1) year in the county jail
or a fine of up to Five Thousand Dollars ($5,000.00), o r by both
such fine and imprisonment;
6. Possession of a firearm or ammunition by a defendant while
an a final order is in effect may subject the defendant to
prosecution for a violation of federal law even if the order does
not specifically prohibit the d efendant from possession of a firearm
or ammunition is prohibited pursuant to sub section F of Section 1283
of Title 21 of the Oklah oma Statutes;
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7. The defendant must avoid the residence of the petitioner or
any premises temporarily occupied by the petitioner;
8. The defendant must avoid contact that harasses or
intimidates the petitioner. Contact includes, but is not limited
to, contact at the home, work, or school of the petitioner, public
places, in person, by phone, in writing, by electronic communication
or device, or in any other manner;
9. The defendant shall not impersonate or adopt the
personification of the petitioner by pretending to be the
petitioner, ordering items, posting information or ma king inquiries,
or publishing photographs of the petitioner, by use of social media,
or by use of computer, telephone, texting, emailing, or by use of
any electronic means;
10. The defendant must refrain from removing, hid ing, damaging,
harming, mistreating, or disposing of a household pet;
11. The defendant must allow the petitioner or a family member
or household member of the petitioner acting on his or her behalf to
retrieve a household pet;
12. The defendant must avoid contacting the petitioner or
causing any person other than an attorney for the petitioner or law
enforcement officer to contact the petitioner unless the petitioner
consents in writing; and
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13. The sheriff will shall accompany the petitioner and assist
in placing the petitioner in physical possession of his or her
residence, if requested.
SECTION 4. This act shall become effec tive November 1, 2023.
59-1-1299 TEK 1/15/2023 4:05:40 PM