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46 | 39 | | |
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47 | 40 | | An Act relating to firearms; amending 21 O.S. 2021, |
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48 | 41 | | Section 1280.1, which relates to the possession of |
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49 | 42 | | firearms on school property; authorizing the |
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50 | 43 | | transport and storage of firearms and weapons on |
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51 | 44 | | school property under certain circumstances; updating |
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52 | 45 | | language; clarifying liability provision; and |
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53 | 46 | | providing an effective date . |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | |
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58 | 51 | | |
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59 | 52 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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60 | 53 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 1280.1, is |
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61 | 54 | | amended to read as follows: |
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62 | 55 | | Section 1280.1. |
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63 | 56 | | POSSESSION OF FIREARM ON SCHOOL PROPERTY |
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64 | 57 | | A. It shall be unlawful for any person to have in his or her |
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65 | 58 | | possession on any public or pr ivate school property or while in any |
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66 | 59 | | school bus or vehicle used by any school for transportation of |
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67 | 60 | | students or teachers any firearm or weapon designated in Section |
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98 | 90 | | 1. "School property" means any publicly owned property held for |
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99 | 91 | | purposes of elementary, secondary or vocational -technical education, |
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100 | 92 | | and shall not include property owned by public school districts or |
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101 | 93 | | where such property is leased or rented to an individual or |
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102 | 94 | | corporation and used for purposes other than educational; |
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103 | 95 | | 2. "Private school" means a school that offers a course of |
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104 | 96 | | instruction for stude nts in one or more grades from prekindergarten |
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105 | 97 | | through grade twelve and is not operated by a governmental entity; |
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106 | 98 | | and |
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107 | 99 | | 3. "Motor vehicle" means any automobile, truck, minivan or |
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108 | 100 | | sports utility vehicle. |
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109 | 101 | | C. Firearms and weapons are allowed on school property and |
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110 | 102 | | deemed not in violation of subsection A of this section as follows: |
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111 | 103 | | 1. A gun or knife designed for hunting or fishing purposes kept |
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112 | 104 | | in a privately owned vehicle and properly displayed or stored as |
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113 | 105 | | required by law, provided such vehicle containing sa id gun or knife |
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114 | 106 | | is driven onto school property only to transpo rt a student to and |
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115 | 107 | | from school and such vehicle does not remain unattended on school |
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116 | 108 | | property; |
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117 | 109 | | 2. A gun firearm or knife used for the purposes of |
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118 | 110 | | participating in the Oklahoma Department of Wildlife Conservation |
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149 | 140 | | living history reenactment, provided the cour se or event is approved |
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150 | 141 | | by the principal or chief administrato r of the school where the |
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151 | 142 | | course or event is offered, and provided the weapon firearm or knife |
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152 | 143 | | is properly displayed or stored as required by law pending |
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153 | 144 | | participation in the course, event, program or competition; |
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154 | 145 | | 3. 2. Weapons Firearms or weapons in the possession of any |
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155 | 146 | | peace officer or other person authorized by law to possess a weapon |
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156 | 147 | | firearms or weapons in the performance of his or her duties and |
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157 | 148 | | responsibilities; |
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158 | 149 | | 4. 3. A concealed or unconcealed firearm or weapon carried onto |
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159 | 150 | | private school property or in any school bus or vehicle used by any |
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160 | 151 | | private school for transportation of students or teachers by a |
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161 | 152 | | person who is licensed pursuant to the Oklahoma Self -Defense Act, |
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162 | 153 | | provided a policy has been adopted by the governing entity of the |
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163 | 154 | | private school that authorizes the possession of a firearm or weapon |
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164 | 155 | | on private school property or in any school bus or vehicle used by a |
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165 | 156 | | private school. Except for acts of gross negligence or willful or |
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166 | 157 | | wanton misconduct, a governing entity of a private school that |
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167 | 158 | | adopts a policy which authorizes the possession of a firearm or |
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168 | 159 | | weapon on private school property, a school bus or vehicle used by |
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169 | 160 | | the private school shall be immune from and not subject to liability |
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200 | 190 | | 5. 4. A gun firearm, knife, bayonet or other weapon in the |
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201 | 191 | | possession of a member of a vete rans group, the national guard |
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202 | 192 | | National Guard, active military, the Reserve Officers ' Training |
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203 | 193 | | Corps (ROTC) or Junior ROTC, in order to participate in a ceremony, |
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204 | 194 | | assembly or educational program approved by the principal or chief |
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205 | 195 | | administrator of a school or school district where the ceremony, |
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206 | 196 | | assembly or educational program is being held; provided, however, |
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207 | 197 | | the gun firearm or other weapon that uses projectiles is not loaded |
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208 | 198 | | and is inoperable at all times while on school property; |
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209 | 199 | | 6. 5. A handgun firearm carried in a privately owned motor |
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210 | 200 | | vehicle pursuant to a valid handgun license authorized by the |
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211 | 201 | | provisions of the Oklahoma Self-Defense Act onto property set aside |
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212 | 202 | | by a public or private elementary or secondary school for the use or |
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213 | 203 | | parking of any vehicle; provided, however, said handgun the firearm |
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214 | 204 | | shall be stored and hidden from view in a locked motor vehicle when |
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215 | 205 | | the motor vehicle is left unattended on school property; and |
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216 | 206 | | 7. 6. A handgun carried onto public school property by school |
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217 | 207 | | personnel who have been designated by the board of education, |
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218 | 208 | | provided such personnel either: |
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249 | 238 | | b. hold a valid reserve peace officer certification as |
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250 | 239 | | provided for in Section 3311 of Title 70 of the |
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251 | 240 | | Oklahoma Statutes, |
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252 | 241 | | if a policy has been adopted by the board of education of the school |
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253 | 242 | | district that authorizes the carrying of a handgun onto public |
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254 | 243 | | school property by such personnel. Nothing in this subsection shall |
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255 | 244 | | be construed to restrict authority granted el sewhere in law to carry |
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256 | 245 | | firearms. |
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257 | 246 | | D. Any person violating the provisions of this section shall, |
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258 | 247 | | upon conviction, be guilty of a misdemeanor punishable by a fine of |
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259 | 248 | | not to exceed Two Hundred Fifty Dollars ($250.00). |
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260 | 249 | | SECTION 2. This act shall become effective November 1, 2025. |
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