SB721 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) ENGROSSED SENATE BILL NO. 721 By: Alvord of the Senate and Gann of the House An Act relating to firearm training; amend ing 21 O.S. 2021, Sections 1290.14 and 1290.15, which relate to safety and training course and persons exempt fro m training course; clarifying language; directing certain approval; removing certain time inclusion; removing certain exemption requirement; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.14, is amended to read as follows: Section 1290.14. SAFETY AND TRAINING COURSE A. Each applicant for a license to carry a concealed or unconcealed handgun pursuant to the Oklahoma Self-Defense Act must successfully complete a firearms safety and training course in this state conducted by a register ed and approved firearms instructor as provided by the provisions of this section or from an interactive SB721 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 online firearms safety and training course availabl e electronically via the Internet approved and certified by the C ouncil on Law Enforcement Education and Training. The applicant must further demonstrate competence an d qualification with an authorized pistol of the type or types that the applicant desire s to carry as a concealed or unconcealed handgun pursuant to the provisions of the Oklahoma Self-Defense Act, except certain persons may be exempt from such training requirement as provided by the provisions of Section 1290.15 of this title. B. The Council on Law Enforcement Education and Training (CLEET) shall establi sh criteria for approving firearms instructors and interactive online firearms safety and training cour ses available electronically via the Internet for purpos es of training and qualifying individuals for a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act. Prior to submitting an application for CLEET approval as a firearms instru ctor, applicants shall attend a firearms instructor scho ol, meeting the following minimum requirements: 1. Firearms instructor training conducted by on e of the following entities: a. Council on Law Enforcement Education and Training, b. National Rifle Association, c. Oklahoma Rifle Association, d. federal law enforcement agencies, or SB721 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 e. other professionally recognized organizations; 2. The course shall be at least sixteen (16) hours in l ength; 3. Upon completion of the course, the applicant shall be qualified to provide instruction on revolvers, semiautomatic pistols, or both; and 4. Receive a course completion certificate. All firearms instructors sha ll be required to meet the eligibility requirements for a handgun license as provided in Sections 1290.9, 1290.10, and 1290.11 of this title and the application shall be processed as provided for applicants in Section 1290.12 of this title, including the s tate and national criminal history records search and fingerprint search. A firearms instructor shall be required to pay a fee of One Hundred Dollars ($100.00) to the Council on Law Enforceme nt Education and Training (CLEET) each time the person makes app lication for CLEET approval as a firearms instructor pursuant to the provisions of the Oklahoma Self-Defense Act. The fee shall be retained by CLEET and shall be deposited into the Firearms I nstructors Revolving Fund. CLEET shall promulgate the rules, fo rms and procedures necessary to imp lement the approval of firearms instructors as authorized by the prov isions of this subsection. CLEET shall periodically rev iew each approved instructor during a training and qualification course to assure compliance with the rules and course contents. A ny violation of the rules may result in the revocation or suspension of CLEET and SB721 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Oklahoma State Bureau of Investigation appr oval. Unless the approval has been revoked or suspended, a firearms instructor ’s CLEET approval shall be for a term of five (5) ye ars. Beginning on July 1, 2003, any firearms instructor who has been issued a four- year CLEET approval shall not be eligible for the five-year approval until the expiration of the approval previously issued. CLEET shall be responsible for notifying all a pproved firearms instructors of statutory and policy changes related to the Oklahoma Self-Defense Act. A firearms instructor shall not be required to submit his or her fingerprints for a fingerprint search when renewing a firearms instructor’s CLEET approval. C. 1. All firearms instructors approved by CLEET to train and qualify individuals for a handgun license shall be requi red to apply for registration with the Oklahoma State Bureau of Investigation after receiving CLEET approval. All firearms instruc tors teaching the approved course for a handgun license must display their registration certificate during each training and qualification course. Each approved firearms instructor shall complete a registration form prov ided by the Bureau and shall have t he option to pay a registration fee of either One Hundred Dollars ($1 00.00) for a five-year registration certificate or Two H undred Dollars ($200.00) for a ten-year registration certificate to the Bureau at the time of each application for registration, ex cept as provided in paragraph 2 of this subsection. Registration cer tificates issued by SB721 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the Bureau shall be valid for a peri od of five (5) years or ten (10) years from the date of issuance. The Bureau shall issue a five -year or ten-year handgun license t o an approved firearms instructor at the time of issuance of a regist ration certificate and no additional fee shall be required or charged. The Bureau shall maintain a current listing of all registered firearms instructo rs in this state. Nothing in this paragraph shall be construed to eliminate the requirement for registr ation and training with CLEET as provided in subsection B of this section. Failure to r egister or be trained as required shall result in a revocation o r suspension of the instructor certificate by the Bureau. 2. On or after July 1, 2003, the registered Registered instructors listed in subparagraphs a and b of this paragraph shall not be required to renew the firearms instructor registration certificate with the Ok lahoma State Bureau of I nvestigation at the expiration of the registration term, provided the instructor is not subject to any suspension or revocati on of the firearms instructor certificate. The firearms instructor registration with the Oklahoma State Bureau of Investigation sh all automatically renew together with the handgun license authorized in paragraph 1 of this subsection for an additional five -year term and no additional cos t or fee may be charged for the following individuals: a. an active duty law enforcement officer of this state or any of its political subdivisions or of the federal SB721 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 government who has a valid CLEET approval as a firearms instructor pursuant to the Oklahom a Self- Defense Act, and b. a retired law enforcement officer authorized to carry a firearm pursuant to Section 1289.8 of this title who has a valid CLEET approval as a firearms instructor pursuant to the Oklahoma Self -Defense Act. D. The Oklahoma State Bu reau of Investigation shall approve registration for a firearms instructor applicant who is in full compliance with CLEET rules regarding firearms instructors and the provisions of subsection B of this section, if completion of the federal fingerprint sear ch is the only reason for delay of registration of that firearms instructor applicant. Upon receip t of the federal fingerprint search information, if the Bureau receiv es information which precludes the person from having a handgun license, the Bureau shal l revoke both the registration and the handgun license previously issued to the firearms instructor . E. The required firearms safety and training course and the actual demonstration of competency and qualification required of the applicant shall be design ed and conducted in such a manner that the course can be reasonably complet ed by the applicant with in an eight- hour period. CLEET shall establish the course content an d promulgate rules, procedures and forms necessary to im plement the provisions of this s ubsection. For the training and qualification SB721 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 course, an applicant may be charged a fee which shal l be determined by the instructor or entity that is conducting the co urse. The maximum class size shall be determined by the instructor conducting the course; provided, however, practice shooting sessions shall not have more than ten participating student s at one time. CLEET may establish criteria for assistant instructor s and any other requirements deemed necessary to conduct a safe and effective training and qualification course. The course content shall include a safety inspection of the firearm to be used by the applicant in the training course; instruction on pistol handling, safety and storage; dynamics of ammunition and firing; methods or positions fo r firing a pistol; information about the criminal provisions of the Oklahoma law relating to firear ms; the requirements of the Oklahoma Self-Defense Act as it relates t o the applicant; self-defense and the use of appropriate force; a practice shooting sess ion; and a familiarization course. The firearms instructor shall refuse to train or qualify any pe rson when the pistol to be used or carried by the person is either de emed unsafe or unfit for firing or is a weapon not authorized by the Oklahoma Self -Defense Act. The course shall provide an opportunity for the applicant to quali fy himself or herself on either a derringer, a revolver, a semiautomatic with a pistol or any combination of a derringer, a revolver and a semiautomatic pistol,; provided, no pistol shall be capable of firing larger than .45 caliber ammunition. Any applicant who SB721 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 successfully trains and qualifies himself or herself with a semiautomatic pistol may shall be approved by the firearms instructor on the trai ning certificate for a semiautomatic pistol, a revolver and a derringer upon request of the applicant. Any person who qualifies on a derringer or revolver shall not be eligible for a semiautomatic rating until the person has demonstrated competence and qualifications on a semiautomatic pistol. Upon successful completion of the training and qualification course, a certificat e of training and a certificate of competency and qualification shall be issued to each applicant who successfully completes the cours e. The certificate of training and certificate of competency and qualification shall comply with the forms established by CLEET and shall be submitted with an application for a handgun license pursuant to the provisions of paragraph 2 of subsection A of S ection 1290.12 of this title. T he certificate of training and certificate of competency and qualification issued to an ap plicant shall be valid for a period of three (3) years. F. There is hereby cr eated a revolving fund for the Council on Law Enforcement Education and Training (CLEET) , to be designated the “Firearms Instructors Revolving Fund ”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all funds received for approval of firearms instructors for purposes of the Oklahoma Self -Defense Act. All funds received shall be deposited to the fund. All monies accruing to the cr edit SB721 HFLR Page 9 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of said the fund are hereby appropriated and may be budgeted and expended by the Council on Law Enforcement Education and Trainin g, for implementation of the tra ining and qualification course contents, approval of firearms instructors and any other CLEET requirement pursuant to the provisions of the Oklahoma Self -Defense Act or as may otherwise be deemed appropriate by CLEET. Expenditures from said the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. G. Firearms instructors shall ke ep on file for a period of not less than three (3) years a roster of each training class, the safety test score of each individual , the caliber and type of the weapon each individual used when qualify ing and whether or not each individual successfully comp leted the training course. Fire arms instructors shall be authorized to destroy all training documents and records upon expiration of the three-year time period. SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.15, is amended to read as follows: Section 1290.15. PERSONS EXEMPT FROM TRAINING COURSE A. The following individuals may be exempt from all or part of the required training and qualification course established pursuant to the provisions of Section 1290.14 of this title: SB721 HFLR Page 10 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. A firearms instructor registere d with the Oklahoma State Bureau of Investigation for purposes of the Oklahoma Self -Defense Act; 2. An active duty or reserve duty law enforcement officer of this state or any of its political subdivisions or of the federal government; 3. A retired law enforcement officer authorized by this state pursuant to Section 1289.8 of this title to carry a firearm; 4. A Council on Law Enforcement Education and Training (CLEET) certified armed security officer, armed guard, correctional officer, or any other person having a CLEET certification to carry a firearm in the course of their employment; 5. A person on active military duty, National Guard duty or regular military reser ve duty who is a legal resident of this state and who is trained and qualified in the use of handguns; 6. A person honorably discharged from active military duty, National Guard duty or military reserves within twenty (20) years preceding the date of the application for a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, who is a legal resident of this state , and who has been trained and qualified in the use of handguns; 7. A person retired as a peace officer in good standing fr om a law enforcement agency located in another state, who is a legal SB721 HFLR Page 11 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 resident of this state, and who has received training equivalent to the training required for CLEET certification in this state; and 8. Any person who is otherwise deemed qualified for a training exemption by CLEET. B. No person who is determined to be exempt from training or qualification may carry a concealed or unconcealed firearm pursuant to the authority of the Oklahoma Self -Defense Act until issued a valid handgun license or posses ses a valid military identification card as provided for qualified persons in Section 12 90.8 of this title. C. Nothing contained in any provision of the Oklahoma Self - Defense Act shall be construed to alter, amend, or modify the authority of any active du ty law enforcement officer, or any person certified by the Council on Law Enforcement Ed ucation and Training to carry a pistol during the course of their employment, to carry any pistol in any manner authorized by law or authorized by the employing agency. SECTION 3. This act shall become effec tive November 1, 2023. COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/11/2023 - DO PASS.