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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1004 By: Olsen
AS INTRODUCED
An Act relating to constitutional carry; amending 21
O.S. 2021, Section 1272, which relates to the
unlawful carry of weapons; modifying ce rtain age
requirement for transporting firearms in vehicles;
expanding scope of persons authorized to transport
firearms in vehicles; amending 21 O.S. 2021, Sections
1290.8, as amended by Section 4, Chapter 160, O.S.L.
2023, and 1290.9 (21 O.S. Supp. 202 4, Section
1290.8), which relate to the Oklahoma Self -Defense
Act; expanding scope of persons authorized to carry
concealed and unconcealed handguns; modifying
eligibility requirements for handgun license
applications; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1272, is
amended to read as follows:
Section 1272.
UNLAWFUL CARRY
A. Notwithstanding any other provision of law, it shall be
unlawful for any person to carry upon or about his or her person, or
in a purse or other container belonging to the person, any pistol,
revolver, shotgun or rifle whether loaded or unloaded or any
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blackjack, loaded cane, hand chain, metal knuckles, or any other
offensive weapon, whether such weapon be concealed or unconcealed,
except this section shall not prohibit:
1. The proper use of guns and knives for self -defense, hunting,
fishing, educational or recreational purposes;
2. The carrying or use of weapons i n a manner otherwise
permitted by statute or authorized by the Oklahoma Self -Defense Act;
3. The carrying, possession and use of any weapon by a peace
officer or other person authorized by law to carry a weapon in the
performance of official duties and in compliance with the rules of
the employing agency;
4. The carrying or use of weapons in a courthouse by a district
judge, associate district judge or special district judge within
this state, who is in possession of a valid handgun license issued
pursuant to the provisions of the Oklahoma Self -Defense Act and
whose name appears on a list maintained by the Administrative
Director of the Courts;
5. The carrying and use of firearms and other weapons provided
in this subsection when used for the purpose of l iving history
reenactment. For purposes of this paragraph, "living history
reenactment" means depiction of historical characters, scenes,
historical life or events for entertainment, education, or
historical documentation through the wearing or use of per iod,
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historical, antique or vintage clothing, accessories, firearms,
weapons, and other implements of the historical period; or
6. The transporting by vehicle on a public roadway or the
carrying of a firearm, concealed or unconcealed, loaded or unloaded,
by a person who is twenty-one (21) years of age or older or by a
person who is eighteen (18) years of age but not yet twenty -one (21)
years of age and the person is a member or veteran of the United
States Armed Forces, Reserves or National Guard or was di scharged
under honorable conditions from the United States Armed Forces,
Reserves or National Guard, or who meets the age requirement
provided in the provisions of Section 1 of Article III of the
Oklahoma Constitution, and the person is otherwise not disqu alified
from the possession or purchase of a firearm under state or federal
law and is not carrying the firearm in furtherance of a crime.
Except as provided in subsection B of Section 1283 of this
title, a person who has been convicted of any one of the f ollowing
offenses in this state or a violation of the equivalent law of
another state:
a. assault and battery pursuant to the provisions of
Section 644 of this title which caused serious
physical injury to the victim,
b. aggravated assault and battery purs uant to the
provisions of Section 646 of this title,
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c. assault and battery that qualifies as domestic abuse
as defined in Section 644 of this title,
d. stalking pursuant to the provisions of Section 1173 of
this title,
e. a violation of an order issued un der the Protection
from Domestic Abuse Act or a domestic abuse protection
order issued by another state, or
f. a violation relating to illegal drug use or possession
under the provisions of the Uniform Controlled
Dangerous Substances Act,
shall be prohibited from carrying a firearm under the provisions of
this paragraph. Any person who carries a firearm in the manner
provided for in this paragraph shall be prohibited from carrying the
firearm into any of the places prohibited in subsection A of Section
1277 of this title or any other place currently prohibited by law.
Nothing in this section shall modify or otherwise change where a
person may legally carry a firearm.
B. Any person convicted of violating the foregoing provision
shall be guilty of a misdeme anor punishable as provided in Section
1276 of this title.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.8, as
amended by Section 4, Chapter 160, O.S.L. 2023 (21 O.S. Supp. 2024,
Section 1290.8), is amended to read as follows:
Section 1290.8.
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POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN
A. Except as otherwise prohibited by law, an eligible person
shall have authority to carry a concealed or unconcealed firearm in
this state when:
1. The person is in compliance with the provisions of the
Oklahoma Self-Defense Act; or
2. The person is authorized pursuant to the provisions of
Section 1272 of this title ; or
3. The person meets the age requirement provided in the
provisions of Section 1 of Article III of the Oklaho ma Constitution.
B. A person in possession of a valid state photo identificat ion
card, driver license, or valid handgun license or who presents a
valid military identification card and is in compliance with the
provisions of the Oklahoma Self -Defense Act shall be authorized to
carry such concealed or unconcealed firearm while scouting as it
relates to hunting or fishing or while hunting or fishing.
C. The person shall be required to have possession of his or
her valid handgun license, valid military ident ification card, valid
driver license, or state photo identification card at al l times when
in possession of a firearm. The person shall display either a valid
handgun license, valid military identification card, valid driver
license, or valid state photo identification card as provided for
qualified persons in this section on demand of a law enforcement
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officer; provided, however, that in the absence of reasonable and
articulable suspicion of other criminal activity, an individual
carrying an unconcealed o r concealed firearm shall not be disarmed
or physically restrained unless the individual fails to display one
of the following:
1. A valid handgun license;
2. A valid military identification card;
3. A valid driver license; or
4. A valid state photo id entification card,
as provided for qualified persons in this section in response to
that demand. Any violation of the provisions of this subsection may
be punishable as a criminal offense as authorized by Section 1272 of
this title or pursuant to any othe r applicable provision of law.
Upon the arrest of any person for a violation o f the provisions
of this subsection, the person may show proof to the court that a
valid handgun license, a valid military identification card, a valid
driver license, or a valid state photo identification card has been
issued to such person and the person may state any reason why the
valid handgun license, valid military identification card, valid
driver license, or valid state photo identification card as provided
for qualified persons in this section was not carried by the person
as required by the Oklah oma Self-Defense Act. The court shall
dismiss an alleged violation of Section 1272 of this title upon
payment of court costs, if proof of a valid handgun license, a valid
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military identification card, a valid driver license, or valid state
photo identification card is shown to the court within ten (10) days
of the arrest of the person.
D. It shall be unlawful for any person to fail or refuse to
identify the fact that the person is in actual possession of a
concealed or unconcealed firearm pursuant to the authority of the
Oklahoma Self-Defense Act during the course of any arrest,
detainment, or routine traffic stop. Said identification shall be
required upon demand by the law enf orcement officer. No person
shall be required to identify himself or herself as lawfully in
possession of any other firearm if the law enforcement officer does
not demand the information. No person shall be required to identify
himself or herself as bein g in possession of a firearm when no
firearm is in the possession of the perso n or in any vehicle in
which the person is driving or is a passenger. Any violator of the
provisions of this subsection may be issued a citation for an amount
not exceeding One Hundred Dollars ($100.00).
E. Any law enforcement officer coming in contact with a person
whose handgun license is suspended or revoked, or who is in
possession of a handgun license which has not been lawfully issued
to that person, shall confiscate the l icense and return it to the
Oklahoma State Bureau of Investigation for appropr iate
administrative proceedings against the licensee when the license is
no longer needed as evidence in any criminal proceeding.
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F. Nothing in this section shall be construed t o authorize a
law enforcement officer to inspect any weapon properly concealed or
unconcealed without probable cause that a crime has been committed.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1290.9, is
amended to read as follow s:
Section 1290.9.
ELIGIBILITY
The following requirements shall apply to any p erson making
application to the Oklahoma State Bureau of Investigation for a
handgun license pursuant to the provisions of the Oklahoma Self -
Defense Act. The person must:
1. Be a citizen of the United States with established residency
in the State of Oklahoma this state; or
2. Be a lawful permanent resident in the United States and have
established residency in the State of Oklahoma this state.
For purposes of the Oklahoma Self -Defense Act:
a. the term "residency" shall apply to any person who
either possesses a valid Oklahoma driver license or
state photo identification card, and physically
maintains a residence in this state or to any person,
including the spouse of such perso n, who has permanent
military orders within this state and possesses a
valid driver license from another state where such
person and spouse of such person claim residency, and
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b. the term "lawful permanent resident " shall mean a
noncitizen who is lawfully authorized to live
permanently within the United States;
3. Be at least:
a. twenty-one (21) years of age, or
b. eighteen (18) years of age but not yet twenty-one (21)
years of age and the person is a member or veteran of
the United States Armed Forces, th e Reserves or
National Guard, or the person was discharged under
honorable conditions from the United States Armed
Forces, Reserves or National Guard;
4. Meet the age requirement provided in the provisions of
Section 1 of Article III of the Oklahoma Const itution;
5. Complete a firearms safety and training course and
demonstrate competence and qualifications with the type of pistol to
be carried by the person as provided in Section 1290.14 of this
title, and submit proof of training and qualification or an
exemption for training and qualification as authorized by Section
1290.14 of this title;
5. 6. Submit the required fee and complete the application
process as provided in Section 1290.12 of this title; and
6. 7. Comply in good faith with the provisions of the Oklahoma
Self-Defense Act.
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SECTION 4. It being immediately necessary for the preservation
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 and approval.
60-1-10040 GRS 11/12/24