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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1259 By: Hardin
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Sections 1272 and 1277, which relate to the carrying
of firearms; authorizing the car ry of concealed
handguns at polling places; amending 21 O.S. 2021,
Section 1280.1, which relates to the possession of
firearms on school property; authorizing the carry of
concealed handguns at polling places located on
school property; amending 21 O.S. 20 21, Section
1290.24, as amended by Section 5, Chapter 160, O.S.L.
2023 (21 O.S. Supp. 2024, Section 1290.24), which
relates to the Oklahoma Self -Defense Act; providing
immunity from certain conduct occurring at polling
places; and providing an effective da te.
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 knuckle s, 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 u se of weapons in 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 officia l 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 t he purpose of living 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 wearin g or use of period,
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historical, antique or vintage clothing, accessories, fire arms,
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, loade d 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 discharged
under honorable conditions from the United States Arme d Forces,
Reserves or National Guard, and the person is otherwise not
disqualified from the possession or purchase of a firearm under
state or federal law and is not carrying the firearm in furtherance
of a crime; or
7. The carrying of a concealed handgun at a polling place
during any election conducted by the State of Oklahoma, a county or
municipality by a person who is twenty -one (21) years of age or
older or by a person who i s 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
discharged under honorable conditions from the United States Armed
Forces, Reserves or National Guard, and the person is otherwise not
disqualified from the possession or purchase of a firearm under
state or federal law .
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Except as provided in subsection B of Section 1283 of this
title, a person who has been convicted of any one of th e following
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 p ursuant to the
provisions of Section 646 of this title,
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 under 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.
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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 misd emeanor punishable as provided in Section
1276 of this title.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1277, is
amended to read as follows:
Section 1277.
UNLAWFUL CARRY IN CERTAIN PLACES
A. It shall be unlawful for any person , including a person in
possession of a valid handgun license issued pursuant to the
provisions of the Oklahoma Self -Defense Act, to carry any concealed
or unconcealed firearm into any of the following places:
1. Any structure, building, or office space w hich is owned or
leased by a city, town, county, state or federal governmental
authority for the purpose of conducting business with the public;
2. Any courthouse, courtroom, prison, jail, detention facility
or any facility used to process, hold or house arrested persons,
prisoners or persons alleged delinquent or adjudicated delin quent,
except as provided in Section 21 of Title 57 of the Oklahoma
Statutes;
3. Any public or private elementary or public or private
secondary school, except as provided in su bsections C and D of this
section;
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4. Any publicly owned or operated sports arena or venue during
a professional sporting event, unless allowed by the event holder;
5. Any place where gambling is authorized by law, unless
allowed by the property owner;
6. Any other place specifically prohibited by law; and
7. Any property set as ide by a county, city, town, public trust
with a county, city or town as a beneficiary, or state governmental
authority for an event that is secured with minimum -security
provisions. For purposes of this paragraph, a minimum -security
provision consists of a location that is secured utilizing the
following:
a. a metallic-style security fence that is at least eight
(8) feet in height that encompasses the property and
is secured in such a way as to deter unauthorized
entry,
b. controlled access points staffed by a uniformed,
commissioned peace officer, and
c. a metal detector whereby persons walk or otherwise
travel with their property through or by the metal
detector.
B. 1. It shall be lawful for a person to carry a concealed or
unconcealed firearm on the following properties:
1. Any
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a. any property set aside for the use or parking of any
vehicle, whether attended or unattended, by a city,
town, county, state or federal government al
authority;,
2. Any
b. any property set aside for the use or parking of any
vehicle, whether attended or unattended, which is open
to the public, or by any entity engaged in gambling
authorized by law;,
3. Any
c. any property adjacent to a structure, b uilding or
office space in which concealed or unconcealed weapons
are prohibited by the provisions of this section ;,
4. Any
d. any property designated by a city, town, county or
state governmental authority as a park, recreational
area, wildlife refuge, w ildlife management area or
fairgrounds; provided, nothing in this paragraph sh all
be construed to authorize any entry by a person in
possession of a concealed or unconcealed firearm into
any structure, building, office space or event which
is specifically prohibited by the provisions of
subsection A of this section ;,
5. Any
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e. any property set aside by a public or private
elementary or secondary school for the use or parking
of any vehicle, whether attended or unattended;
provided, however, the firearm sha ll be stored and
hidden from view in a locked motor vehicle when the
motor vehicle is left unattended on school property ;,
and
6. Any
f. any public property set aside temporarily by a county,
city, town, public trust with a county, city or town
as a beneficiary, or state governmental authority for
the holder of an event permit that is without minimum -
security provisions, as such term is defined in
paragraph 7 of subsection A of this section; provided,
the carry of firearms within said permitted event area
shall be limited to concealed carry of a handgun
unless otherwise authorized b y the holder of the event
permit.
2. The carrying of a concealed handgun at a polling place
during any election conducted by the State of Oklahoma, a county or
municipality 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
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discharged under honorable conditions from the United States Armed
Forces, Reserves or National Guard, and the person is otherwise not
disqualified from the possession or purchase of a firearm under
state or federal law.
3. Nothing contained in any provision of this subsection or
subsection C of this section shall be construed to authorize or
allow any person in control of any place described in subsection A
of this section to establish any policy or rule that has the effect
of prohibiting any person in lawful p ossession of a handgun license
or otherwise in lawful possession of a firearm from carrying or
possessing the firearm on the property described in this subsection.
C. A concealed or unconcealed weapon may be carried onto
private school property or in any school bus or vehicle used by any
private school for transportation of students or teachers by a
person who is licensed pursuant to the Oklahoma Self -Defense Act,
provided a policy has been adopted by the governing entity of the
private school that authori zes the carrying and possession of a
weapon on private school property or in a ny school bus or vehicle
used by a private school. Except for acts of gross negligence or
willful or wanton misconduct, a governing entity of a private school
that adopts a policy which authorizes the possession of a weapon on
private school property, a school bus or vehicle used by the private
school shall not be subject to liability for any injuries arising
from the adoption of the policy. The provisions of this subsection
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shall not apply to claims pursuant to the Administrative Workers '
Compensation Act.
D. Notwithstanding paragraph 3 of subsection A of this section,
a board of education of a school district may adopt a policy
pursuant to Section 5 -149.2 of Title 70 of the Ok lahoma Statutes to
authorize the carrying of a handgun onto school property by school
personnel specifically designated by the board of education,
provided such personnel either:
1. Possess a valid armed security guard license as provided for
in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
2. Hold a valid reserv e peace officer certification as provided
for in Section 3311 of Title 70 of the Oklahoma Statutes.
Nothing in this subsection shall be construed to restrict authority
granted elsewhere in law to carry firearms.
E. Notwithstanding the provisions of subsection A of this
section, on any property designated as a municipal zoo or park of
any size that is owned, leased, operated or managed by:
1. A public trust created pursuant to th e provisions of Section
176 of Title 60 of the Oklahoma Statutes; or
2. A nonprofit entity,
an individual shall be allowed to carry a concealed handgun but not
openly carry a handgun on the property.
F. Any person violating the provisions of paragraph 2 or 3 of
subsection A of this section shall, upon conviction, be guilty of a
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misdemeanor punishable by a fine not to exceed Two Hundred Fifty
Dollars ($250.00). A person violating any other provision of
subsection A of this section may be denied entrance o nto the
property or removed from the property. If the person refuses to
leave the property and a peace officer is summoned, the person may
be issued a citation for an amount not to exceed Two Hundred Fifty
Dollars ($250.00).
G. No person in possession of a valid handgun license issued
pursuant to the provisions of the Oklahoma Self -Defense Act or who
is carrying or in possession of a firearm as otherwise permitted by
law or who is carrying or in possession of a machete, blackjack,
loaded cane, hand chain or metal knuckles shall be authorized to
carry the firearm, machete, blackjack , loaded cane, hand chain or
metal knuckles into or upon any college, university or technology
center school property, except as provided in this subsection. For
purposes of this subsection, the following property shall not be
construed to be college, university or technology center school
property:
1. Any property set aside for the use or parking of any motor
vehicle, whether attended or unattended, provided the firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles are
carried or stored as required by law and the firearm, machete,
blackjack, loaded cane, hand chain or metal knuckles are not removed
from the motor vehicle without the prior consent of the college or
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university president or technology center school administrator while
the vehicle is on any college, university or technology center
school property;
2. Any property authorized for possession or use of firearms,
machetes, blackjacks, loaded canes, hand chains or metal knuckles by
college, university or technology center school po licy; and
3. Any property authorized by the written consent of the
college or university president or technology center school
administrator, provided the written consent is car ried with the
firearm, machete, blackjack, loaded cane, hand chain or metal
knuckles and the valid handgun license while on college, university
or technology center school property.
The college, university or technology center school may notify
the Oklahoma State Bureau of Investigation within ten (10) days of a
violation of any pro vision of this subsection by a licensee. Upon
receipt of a written notification of violation, the Bureau shall
give a reasonable notice to the licensee and hold a hearing. At t he
hearing, upon a determination that the licensee has violated any
provision of this subsection, the licensee may be subject to an
administrative fine of Two Hundred Fifty Dollars ($250.00) and may
have the handgun license suspended for three (3) months.
Nothing contained in any provision of this subsection shall be
construed to authorize or allow any college, university or
technology center school to establish any policy or rule that has
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the effect of prohibiting any person in lawful possession of a
handgun license or any person in lawful possession of a firearm,
machete, blackjack, loaded cane, hand chain or metal knuckles from
possession of a firearm, machete, blackjack, loaded cane, hand chain
or metal knuckles in places described in paragraphs 1, 2 and 3 of
this subsection. Nothing contained in any provision of this
subsection shall be construed to limit the authority of any college,
university or technology center school in this state from taking
administrative action against any student for any viola tion of any
provision of this subsection.
H. The provisions of this section shall not apply to the
following:
1. Any peace officer or any person authorized by law to carry a
firearm in the course of employment;
2. District judges, associate district jud ges and special
district judges, who are in possession of a valid handgun lice nse
issued pursuant to the provisions of the Oklahoma Self -Defense Act
and whose names appear on a list maintained by the Administrative
Director of the Courts, when acting in th e course and scope of
employment within the courthouses of this state;
3. Private investigators with a firearms authorization when
acting in the course and scope of employment;
4. Elected officials of a county, who are in possession of a
valid handgun license issued pursuant to the provisions of the
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Oklahoma Self-Defense Act, may carry a concealed handgun when acting
in the performance of his or her duties within the courthouses of
the county in which he or she was elected. The provisions of this
paragraph shall not allow the elected county official to carry the
handgun into a courtroom;
5. The sheriff of any county may authorize certain employees of
the county, who possess a valid handgun license issued pursuant to
the provisions of the Oklahoma Self -Defense Act, to carry a
concealed handgun when acting in the course and scope of employment
within the courthouse in the county in which the person is employed.
Nothing in the Oklahoma Self -Defense Act shall prohibit the sheriff
from requiring additional in struction or training before granting
authorization to carry a concealed handgun within the courthouse.
The provisions of this paragraph and of paragraph 6 of this
subsection shall not allow the county employee to carry the handgun
into a courtroom, sheri ff's office, adult or juvenile jail or any
other prisoner detention area; and
6. The board of county commissioners of any county may
authorize certain employees of the county, who possess a valid
handgun license issued pursuant to the provisions of the Ok lahoma
Self-Defense Act, to carry a concealed handgun when acting in the
course and scope of employment on county annex facilities or grounds
surrounding the county courthouse.
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I. For the purposes of this section, "motor vehicle" means any
automobile, truck, minivan, sports utility vehicle, or motorcycle,
as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes,
equipped with a locked accessory container within or affixed to the
motorcycle.
SECTION 3. AMENDATORY 21 O.S. 20 21, Section 1280.1, is
amended to read as follows:
Section 1280.1.
POSSESSION OF FIREARM ON SCHOOL PROPERTY
A. It shall be unlawful for any person to have in his or her
possession on any public or private school property or while in any
school bus or vehicle used by any school for transportation of
students or teachers any firearm or weapon designated in Section
1272 of this title, except as provided in subsection C of this
section or as otherwise authorized by law.
B. For purposes of this section:
1. "School property" means any publicly owned property held for
purposes of elementary, secondary or vocational -technical education,
and shall not include property owned by public school districts or
where such property is leased or rented to an individual or
corporation and used for purposes other than educational;
2. "Private school" means a school that offers a course of
instruction for students in one or more grades from prekindergarten
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through grade twelve and is not operated by a governmental entity;
and
3. "Motor vehicle" means any automobile, truck, minivan or
sports utility vehicle.
C. Firearms and weapons are allowed on school property and
deemed not in violation of subsection A of this section as follows:
1. A gun or knife designed for hunting or f ishing purposes kept
in a privately owned vehicle and properly displayed or st ored as
required by law, provided such vehicle containing said gun or knife
is driven onto school property only to transport a student to and
from school and such vehicle does no t remain unattended on school
property;
2. A gun or knife used for the purposes of participating in the
Oklahoma Department of Wildlife Conservation -certified hunter
training education course or any other hunting, fishing, safety or
firearms training cour ses, or a recognized firearms sports event,
team shooting program or competiti on, or living history reenactment,
provided the course or event is approved by the principal or chief
administrator of the school where the course or event is offered,
and provided the weapon is properly displayed or stored as required
by law pending participation in the course, event, program or
competition;
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3. Weapons in the possession of any peace officer or other
person authorized by law to possess a weapon in the performance of
his or her duties and responsibilities;
4. A concealed or unconcealed wea pon carried onto private
school property or in any school bus or vehicle used by any private
school for transportation of students or teachers by a person who is
licensed pursuant to the Oklahoma Self -Defense Act, provided a
policy has been adopted by the governing entity of the private
school that authorizes the possession of a weapon on private school
property or in any school bus or vehicle used by a private school.
Except for acts of gross negligence or willful or wanton misconduct,
a governing entity of a private school that adopts a policy which
authorizes the possession of a weapon on private school property, a
school bus or vehicle used by the private school shall be immun e
from liability for any injuries arising from the adoption of the
policy. The provisions of this paragraph shall not apply to claims
pursuant to the Workers ' Compensation Code;
5. A gun, knife, bayonet or other weapon in the possession of a
member of a veterans group, the national guard, active military, the
Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to
participate in a ceremony, assembly or educational program approved
by the principal or chief administrator of a school or school
district where the ceremony, assembly or educational program is
being held; provided, however, the gun or other weapon that uses
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projectiles is not loaded and is inoperable at all times while on
school property;
6. A handgun carried in a motor vehicle purs uant to a valid
handgun license authorized by the Oklahoma Self -Defense Act onto
property set aside by a public or private elementary or secondary
school for the use or parking of any vehicle; provided, however,
said handgun shall be stored and hidden from view in a locked motor
vehicle when the motor vehicle is left unattended on school
property; and
7. A handgun carried onto public school property by school
personnel who have been designated by the board of education,
provided such personnel either:
a. possess a valid armed security guard license as
provided for in Section 1750.1 et seq. of Title 59 of
the Oklahoma Statutes, or
b. hold a valid reserve peace officer certification as
provided for in Section 3311 of Title 70 of the
Oklahoma Statutes,
if a policy has been adopted by the board of education of the school
district that authorizes the carrying of a handgun onto public
school property by such personnel ; and
8. A concealed handgun at a polling place located on public
school property during any elec tion conducted by the State of
Oklahoma, a county or municipality by a person who is twenty-one
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(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 th e United States Armed Forces, Reserves or
National Guard or was discharged under honorable conditions from the
United States Armed Forces, Reserves or National Guard, and the
person is otherwise not disqualified from the possession or purchase
of a firearm under state or federal law .
Nothing in this subsection shall be construed to restrict
authority granted elsewhere in law to carry firearms.
D. Any person violating the provisions of this section shall,
upon conviction, be guilty of a misdemeanor punishab le by a fine of
not to exceed Two Hundred Fifty Dollars ($250.00).
SECTION 4. AMENDATORY 21 O.S. 2021, Section 1290.24, as
amended by Section 5, Chapter 160, O.S.L. 2023 (21 O.S. Supp. 2024,
Section 1290.24), is amended to read as follows:
Section 1290.24.
IMMUNITY
A. The state or any political subdivision of the state, as
defined in Section 152 of Title 51 of the Oklahoma Statutes, and its
officers, agents and employees shall be immune from and not subject
to liability resulting or arising from:
1. Failure to prevent the licensing of an individual for whom
the receipt of the license is unlawful pursuant to the provisions of
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the Oklahoma Self-Defense Act or any other provision of law of this
state;
2. Any action or misconduct wit h a firearm committed by a
person pursuant to the provisions of the Oklahoma S elf-Defense Act
or by any person who obtains a firearm;
3. Any injury to any person during a firearm training course
conducted by a firearms instructor certified by the Council on Law
Enforcement Education and Training to conduct training under the
Oklahoma Self-Defense Act, or injury from any misfire or malfunction
of any firearm on a training course firing range supervised by a
certified firearms instructor under the provisions of the Oklahoma
Self-Defense Act, or any injury resulting from carrying a con cealed
or unconcealed firearm pursuant to any firearms training; and
4. Any action or finding pursuant to a hearing conducted in
accordance with the Administrative Procedures Ac t as required in the
Oklahoma Self-Defense Act; and
5. Any action or misconduct with a handgun committed by a
person authorized pursuant to subsection A of Section 1272 of this
title to carry a concealed handgun at a polling place during any
election conducted by the State of Oklahoma, a county or
municipality.
B. Firearms instruc tors certified by the Council on Law
Enforcement Education and Training to conduct training for the
Oklahoma Self-Defense Act shall be immune from and not subject to
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liability to third persons resulting or arising from any claim based
on an act or omission of a trainee.
C. The provisions of this subsection shall not apply to claims
pursuant to the Administrative Workers ' Compensation Act.
SECTION 5. This act shall become effective November 1, 2025.
60-1-10717 GRS 01/03/25