Oklahoma 2025 Regular Session

Oklahoma House Bill HB1358 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1358 By: Olsen
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3838 AS INTRODUCED
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4040 An Act relating to firearms; amending 21 O.S. 2021,
4141 Section 1277, which relates to the unlawful carry of
4242 firearms; clarifying manner in wh ich firearms may be
4343 carried on public college, university , and technology
4444 center school property; deleting certain construing
4545 provision; deleting written consent requirement;
4646 deleting authorization to notify the Oklahoma State
4747 Bureau of Investigation of ce rtain violations;
4848 eliminating administrative fines and option to
4949 suspend handgun licenses; authorizing the carry of
5050 concealed handguns into or upon public college,
5151 university, and technology center school property;
5252 allowing public colleges, universities an d technology
5353 center schools to prohibit certain persons from
5454 carrying concealed handguns into event venues;
5555 defining term; providing immunity from liability;
5656 providing construing provisions; allowing public or
5757 private colleges, universities and technology center
5858 schools to seek redress or damages under certain
5959 circumstances; exempti ng public or private colleges,
6060 universities and technology center schools from any
6161 responsibility for losses or damages; and providing
6262 an effective date.
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6868 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6969 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
7070 amended to read as follows:
7171 Section 1277.
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9898 UNLAWFUL CARRY IN CERTAIN PLACES
9999 A. It shall be unlawful for any person, including a person in
100100 possession of a valid handgun license issued pursuant to the
101101 provisions of the Oklahoma Self-Defense Act, to carry any concealed
102102 or unconcealed firearm into any of the following places:
103103 1. Any structure, building, or office space which is owned or
104104 leased by a city, town, county, state or federal governmental
105105 authority for the purpose of conducting business with the public;
106106 2. Any courthouse, courtroom, prison, jail, detention facility
107107 or any facility used to process, hold or house arrested persons,
108108 prisoners or persons alleged delinquent or adjudicated delinquent,
109109 except as provided in Section 21 of Title 57 of the Oklahoma
110110 Statutes;
111111 3. Any public or private elementary or public or private
112112 secondary school, except as provided in subsections C and D of this
113113 section;
114114 4. Any publicly owned or operated sports arena or venue during
115115 a professional sporting event, unless allowed by the event holder;
116116 5. Any place where gambling is authorized by law, unless
117117 allowed by the property owner;
118118 6. Any other place sp ecifically prohibited by law; and
119119 7. Any property set aside by a county, city , town, public trust
120120 with a county, city or town as a beneficiary, or state governmental
121121 authority for an event that is secured with minimum -security
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148148 provisions. For purposes of this paragraph, a minimum -security
149149 provision consists of a location that is secured utilizing the
150150 following:
151151 a. a metallic-style security fence that is at least eight
152152 (8) feet in height that encompasses the property and
153153 is secured in such a way as to dete r unauthorized
154154 entry,
155155 b. controlled access points staffed by a uniformed,
156156 commissioned peace officer, and
157157 c. a metal detector whereby persons walk or otherwise
158158 travel with their property through or by the metal
159159 detector.
160160 B. It shall be lawful for a person to carry a concealed or
161161 unconcealed firearm on the following properties:
162162 1. Any property set aside for the use or parking of any
163163 vehicle, whether attended or unattended, by a city, town, county,
164164 state or federal governmental authority;
165165 2. Any property set aside for the use or parking of any
166166 vehicle, whether attended or unattended , which is open to the
167167 public, or by any entity engaged in gambling authorized by law;
168168 3. Any property adjacent to a structure, building or office
169169 space in which concealed or un concealed weapons are prohibited by
170170 the provisions of this section;
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197197 4. Any property designated by a city, town, county or state
198198 governmental authority as a park, recreational area, wildlife
199199 refuge, wildlife management area or fairgrounds; provided, nothin g
200200 in this paragraph shall be construed to authorize any entry by a
201201 person in possession of a concealed or unconcealed firearm into any
202202 structure, building, office space or event which is specifically
203203 prohibited by the provisions of subsection A of this sec tion;
204204 5. Any property set aside by a public or private elementary or
205205 secondary school for the use or parking of any vehicle, whether
206206 attended or unattended; provided, however, the firearm shall be
207207 stored and hidden from view in a locked motor vehicle when the motor
208208 vehicle is left unattended on school property; and
209209 6. Any public property set aside temporarily by a county, city,
210210 town, public trust with a county, city or town as a beneficiary, or
211211 state governmental authority for the holder of an event permi t that
212212 is without minimum-security provisions, as such term is defined in
213213 paragraph 7 of subsection A of this section; provided, the carry of
214214 firearms within said permitted event area shall be limited to
215215 concealed carry of a handgun unless otherwise author ized by the
216216 holder of the event permit.
217217 Nothing contained in any provision of this subsection or
218218 subsection C of this section shall be construed to authorize or
219219 allow any person in control of any place described in subsection A
220220 of this section to establish any policy or rule that has the effect
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247247 of prohibiting any person in lawful possession of a handgun license
248248 or otherwise in lawful possession of a firearm from carrying or
249249 possessing the firearm on the property described in this subsection.
250250 C. A concealed or unconcealed weapon may be carried onto
251251 private school property or in any s chool bus or vehicle used by any
252252 private school for transportation of students or teachers by a
253253 person who is licensed pursuant to the Oklahoma Self -Defense Act,
254254 provided a policy has been adopted by the governing entity of the
255255 private school that authorizes the carrying and possession of a
256256 weapon on private school property or in any school bus or vehicle
257257 used by a private school. Except for acts of gross negligence or
258258 willful or wanton misconduct, a governing entity of a private school
259259 that adopts a policy which authorizes the possession of a weapon on
260260 private school property, a school bus or vehicle used by the private
261261 school shall not be subject to liability for any injuries ar ising
262262 from the adoption of the policy. The provisions of this subsection
263263 shall not apply to claims pursuant to the Administrative Workers '
264264 Compensation Act.
265265 D. Notwithstanding paragraph 3 of subsection A of this section,
266266 a board of education of a school district may adopt a policy
267267 pursuant to Section 5 -149.2 of Title 70 of the Okl ahoma Statutes to
268268 authorize the carrying of a handgun onto school property by school
269269 personnel specifically designated by the board of education,
270270 provided such personnel either:
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297297 1. Possess a valid armed security guard license as provided for
298298 in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
299299 2. Hold a valid reserve peace officer certification as provided
300300 for in Section 3311 of Title 70 of the Oklahoma Statutes.
301301 Nothing in this subsection shall be construed to restrict authority
302302 granted elsewhere in law to carry firearms.
303303 E. Notwithstanding the provisions of subsection A of this
304304 section, on any property designated as a municipal zoo or park of
305305 any size that is own ed, leased, operated or managed by:
306306 1. A public trust created pursuant to the provisions of Section
307307 176 of Title 60 of the Oklahoma Statutes; or
308308 2. A nonprofit entity,
309309 an individual shall be allowed to carry a concealed handgun but not
310310 openly carry a handgun on the property.
311311 F. Any person violating the provisions of paragraph 2 o r 3 of
312312 subsection A of this section shall, upon conviction, be guilty of a
313313 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
314314 Dollars ($250.00). A person violating any other provision of
315315 subsection A of this section may be denied entrance onto the
316316 property or removed from the property. If the person refuses to
317317 leave the property and a peace officer is summoned, the person may
318318 be issued a citation for an amount not to exceed Two Hundred Fifty
319319 Dollars ($250.00).
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346346 G. No Any person who is not in possession of a valid handgun
347347 license issued pursuant to the provisions of the Oklahoma Self -
348348 Defense Act or who is carrying or in possession of a firearm as
349349 otherwise permitted by law or who is carrying or in possession of a
350350 machete, blackjack, loaded cane, hand chain or metal knuckles shall
351351 not be authorized to carry the firearm, machete, blackjack, loaded
352352 cane, hand chain or metal knuckles into or upon any public college,
353353 public university or public technology center school property or
354354 building, except as provided in this subsection . For purposes of
355355 this subsection, the following property shall not be construed to be
356356 college, university or technology center school property :
357357 1. Any property set aside for the use or parking of any motor
358358 vehicle, whether attended or unattended, provided the firearm,
359359 machete, blackjack, loaded cane, hand chain or metal knuckles are
360360 carried or stored as required by law and the firearm, machete,
361361 blackjack, loaded cane, hand chain or metal knuckles are not removed
362362 from the motor vehicle without the prior consent of the public
363363 college or public university president or public technology center
364364 school administrator while the vehicle is on any public college,
365365 public university or public technology center school property;
366366 2. Any property authorized for possession or use of firearms,
367367 machetes, blackjacks, loaded canes, hand chains or metal knuckles by
368368 college, university or technology center school policy; and
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395395 3. Any property authorized by the written consent of the
396396 college or university president or technology center school
397397 administrator, provided the written consent is carried with the
398398 firearm, machete, blackjack, loaded cane, hand chain or metal
399399 knuckles and the valid person in possession of a valid handgun
400400 license while on issued pursuant to the provisions of the Oklahoma
401401 Self-Defense Act shall be authorized to carry a concealed handgun
402402 into or upon any public college, public university or public
403403 technology center school property or building that the person is
404404 authorized to be in. Under no circumstances shall consent to carry
405405 a concealed handgun by a person with a valid handgun license on any
406406 public college, public university , or public technology center
407407 school property or building be denied by the public college, public
408408 university, or public technology center school administrator unless
409409 evidence is shown that the licensee has previously been involved in
410410 a violent incident or an act that showed deliberate or reckless
411411 disregard for the health or safety of the faculty, staff, students ,
412412 or any other person; and
413413 4. The public college, public university , or public technology
414414 center school shall be authorized to prohibit any person who is or
415415 is not in possession of a valid handgun license issued pursuant to
416416 the provisions of the Oklahoma Self -Defense Act from carrying a
417417 concealed handgun or any other firearm into any event venue where a
418418 ticket is purchased of monetary value on the property or building
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445445 venue of the public college, public university , or public technology
446446 center school. For purposes of this paragraph, "event venue" shall
447447 be defined as the venue of any athletic, theatric, musical, or
448448 similar event in which a ticket of monetary value is required for
449449 entry.
450450 The college, university or technology center school may notify
451451 the Oklahoma State Bureau of Investigation within ten (10) days of a
452452 violation of any provision of this subsection by a licensee. Upon
453453 receipt of a written notification of violation, the Bureau shall
454454 give a reasonable notice to the licensee and hold a hearing. At the
455455 hearing, upon a determination that the licensee has violated any
456456 provision of this subsection, the licensee may be subject to an
457457 administrative fine of Two Hundred Fifty Dol lars ($250.00) and may
458458 have the handgun license suspended for three (3) months.
459459 Nothing contained in any provision of this subsection shall be
460460 construed to authorize or allow any public college, public
461461 university or public technology center school to estab lish any
462462 policy or rule that has the effect of prohibiting any person in
463463 lawful possession of a handgun license or any person in lawful
464464 possession of a firearm, machete, blackjack, loaded cane, hand chain
465465 or metal knuckles from possession of a firearm, mac hete, blackjack,
466466 loaded cane, hand chain or metal knuckles in places described in
467467 paragraphs 1, 2 and 3 of this subsection. Nothing contained in any
468468 provision of this subsection shall be construed to limit the
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495495 authority of any public college, public university or public
496496 technology center school in this state from taking administrat ive
497497 action against any student for any violation of any provision of
498498 this subsection.
499499 H. Except for acts of willful or wanton misconduct, any public
500500 or private college, private university or private technology center
501501 school shall be immune from and shall not be subject to any
502502 liability arising from any accidental or act of self -defense
503503 involving a firearm. The provisions of this subsection shall not
504504 apply to claims pursuant to t he Administrative Workers ' Compensation
505505 Act.
506506 I. Nothing contained in any prov ision of the Oklahoma Self -
507507 Defense Act shall be construed to limit, restrict , or prohibit in
508508 any manner the existing rights of a private college, private
509509 university or private te chnology center school to control the
510510 possession of weapons on any property owned or controlled by the
511511 private college, private university or private technology center
512512 school entity. Nothing contained in any provision of this
513513 subsection shall be construed to limit the authority of any private
514514 college, private university or private technology center school in
515515 this state from taking administrative action against any person for
516516 any violation of any provision of this subsection.
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543543 J. It shall not be considered part of the job description of an
544544 employee or with the scope of employment of an employee when the
545545 employee carries or discharges a firearm pursuant to this section.
546546 K. Nothing in this section shall prevent a public or private
547547 college, public or private u niversity or public or private
548548 technology center school, employee or person wh o has suffered a loss
549549 resulting from the discharge of a firearm to seek redress or damages
550550 from the person who discharged the firearm or used the firearm
551551 outside the provisions o f the Oklahoma Self-Defense Act.
552552 L. No public or private college, public or private university
553553 or public or private technology center school is responsible for any
554554 loss or damage from any firearm or accessories at any time.
555555 M. The provisions of this sect ion shall not apply to the
556556 following:
557557 1. Any peace officer or any person auth orized by law to carry a
558558 firearm in the course of employment;
559559 2. District judges, associate district judges and special
560560 district judges, who are in possession of a valid handgun license
561561 issued pursuant to the provisions of the Oklahoma Self -Defense Act
562562 and whose names appear on a list maintained by the Administrative
563563 Director of the Courts, when acting in the course and scope of
564564 employment within the courthouses of this state;
565565 3. Private investigators with a firearms authorization when
566566 acting in the course and scope of employment;
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593593 4. Elected officials of a county, who are in possession of a
594594 valid handgun license issued pursuant to the provisions of the
595595 Oklahoma Self-Defense Act, may carry a concealed handgun when acting
596596 in the performance of his or her duties within the courthouses of
597597 the county in which he or she was elected. The provisions of this
598598 paragraph shall not allow the elected county official to carry the
599599 handgun into a courtroom;
600600 5. The sheriff of any county may authorize certain employees of
601601 the county, who possess a valid handgun license issued pursuant to
602602 the provisions of the Oklahoma Self -Defense Act, to carry a
603603 concealed handgun when acting in the course and sco pe of employment
604604 within the courthouse in the county in which the person is employed.
605605 Nothing in the Oklahoma Self -Defense Act shall prohibit the sheriff
606606 from requiring additional instruction or training before granting
607607 authorization to carry a concealed handgun within the courthouse.
608608 The provisions of this paragraph and of paragr aph 6 of this
609609 subsection shall not allow the county employee to carry the handgun
610610 into a courtroom, sheriff 's office, adult or juvenile jail or any
611611 other prisoner detention area; and
612612 6. The board of county commissioners of any county may
613613 authorize certain employees of the county, who possess a valid
614614 handgun license issued pursuant to the provisions of the Oklahoma
615615 Self-Defense Act, to carry a concealed handgun when acting in the
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642642 course and scope of employment on county annex facilities or grounds
643643 surrounding the county courthouse.
644644 I. For the purposes of this section, "motor vehicle" means any
645645 automobile, truck, minivan, sports utility vehicle, or motorcycle,
646646 as defined in Section 1-135 of Title 47 of the Oklahoma Statutes,
647647 equipped with a locked accessory container within or affixed to the
648648 motorcycle.
649649 SECTION 2. This act shall become effective November 1, 2025.
650650
651651 60-1-10482 GRS 12/31/24