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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1404 By: Provenzano
AS INTRODUCED
An Act relating to firearms; creating the Voluntary
Firearm Restriction Act; defining terms; authorizing
individuals to voluntarily p lace themselves on a
firearm restriction list; describing contents of
different restriction lists; directing the Oklahoma
State Bureau of Investigation to develop processes
and restriction list forms; directing the Bureau to
maintain forms and publish form s on its website;
providing contents of forms; providing procedures for
requesting inclusion on restricted lists; directing
law enforcement agencies to verify identity and
transmit forms electronically to the Bureau;
directing the Bureau to add names to re stricted lists
within certain time frame; providing procedures and
limitations when seeking removal from the restricted
lists; providing for extension requests; providing
for the suspension and reinstatement of handgun
licenses under certain circumstances; providing
acknowledgment statements for restricted list request
forms; establishing procedures when seeking removal
from the restricted lists; directing the Bureau to
remove individuals from restricted lists upon receipt
of verified removal form; providin g notification
requirements; directing law enforcement agencies to
maintain restricted list forms and destroy files upon
receipt of certain notification; providing time
limitations for destroying files; deeming forms and
records confidential; authorizing t he Bureau to
promulgate certain policies and procedures;
authorizing health ca re providers to deliver
inclusion form upon request to the Bureau; directing
the Bureau to create and publish certain form on its
website; providing contents of forms; requiring
completion of forms in the presence of health care
providers; directing health care providers to verify
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identities, complete forms, and electronically
deliver forms to the Bureau; providing acknowledgment
statements for certain forms; authorizing the Burea u
to promulgate certain policies and procedures;
providing for codification; a nd providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1289.31 of Title 21, unless
there is created a duplication in numbering, reads as follows:
Sections 1 through 4 of this act shall be known and may be cited
as the "Voluntary Firearm Restriction Act ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 1289.31a of Title 21, unless
there is created a duplication in numbering, reads as follows:
As used in the Voluntary Firearm Restriction Act:
1. "Bureau" means the Oklahoma State Bureau of Investigation;
2. "Firearm" means a pistol, handgun, rifle or shotgun, or a
device that could be used as a dangerous weapon from which is
expelled a projectile by action of an explosive;
3. "Health care provider " means a person:
a. who provides health care or professional services
related to health care, and
b. is acting within the scope of his or her license,
certification, practice, education, or training; and
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4. "Law enforcement agency " means any state, county or
municipal agency or department which maintains custody of persons
accused of, charged with or convicted of any criminal offense .
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1289.31b of Title 21, u nless
there is created a duplication in numbering, reads as follows:
A. An individual may voluntarily request to be restricted from
the purchase or possession of firearms.
B. An individual requesting to be restricted under subsection A
of this section may request placement on one of the following
restricted lists:
1. A restricted list that:
a. restricts the individual from purchasing or possessing
a firearm for one hundred eighty (180) days with
automatic removal of the individual from the
restricted list at the end of the one hundred eighty
(180) days, and
b. allows the individua l to request removal thirty (30)
days after the day on which the individual is added to
the restricted list; or
2. A restricted list that:
a. restricts the individual from purch asing or possessing
a firearm indefinitely, and
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b. allows the individual to request removal ninety (90)
days after the day on which the individual is added to
the restricted list.
C. 1. Subject to subsections H and I of this section, the
Oklahoma State Bureau of Investigation shall develop a process and
forms for inclusion on, and removal from, a restricted list as
described in subsection B of this section to be maintained by the
Bureau.
2. The Bureau shall make the forms for inclusion and removal
available by download through the website of the Bureau and require,
at a minimum, the following information for the individual described
in subsection A of this section:
a. name,
b. address,
c. date of birth,
d. contact information,
e. signature, and
f. (1) if the individual is entered on the restricted
list as described in paragraph 1 of subsection B
of this section, an acknowledgment of the
statement provided for in paragraph 1 of
subsection H of this section, or
(2) if the individual is entered on the restri cted
list as described in paragraph 2 of subsection B
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of this section, an acknowledgment of the
statement provided for in paragraph 2 of
subsection H of this section.
D. 1. An individual requesting inclusion on a restricted list
under subsection B of thi s section shall:
a. deliver the completed form in person to a law
enforcement agency, or
b. direct the health care provider of the individual
under Section 4 of this act to electronically deliver
the request of the individual to the Bureau.
2. If the completed form is delivered to the law enforcement
agency, the law enforcement agency:
a. shall verify the identity of the individual before
accepting the form,
b. may not accept a form from someone other than the
individual named on the form, and
c. shall transmit the form electronically to the Bureau.
E. Upon receipt of a verified form provided under this section
or pursuant to the provisions of Section 4 of this act requesting
inclusion on a restricted list, the Bureau shall, within twenty -four
(24) hours, add the name of the individual to the restricted list
and submit the name of the individual to the National Instant
Criminal Background Check System (NICS).
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F. 1. For an individual added to the restricted list described
in paragraph 1 of subsection B o f this section:
a. the individual may not request removal from the
restricted list unless the individual has been on the
restricted list for at least thirty (30) days,
b. the Bureau shall remove the individual from the
restricted list one hundred eighty (1 80) days after
the day on which the individual was added to the
restricted list, unless the individual:
(1) requests to be removed from the restricted list
after thirty (30) days;
(2) requests to remain on the restricted list, or
(3) directs the health ca re provider of the
individual to request that he or she remain on
the restricted list,
c. a request for an extension shall be made in the same
manner as the original request, and
d. the individual may continue to request, or direct the
health care provider of the individual to continue to
request, extensions every one hundred eighty (180)
days.
2. For an individual added to a restricted list described in
paragraph 2 of subsection B of this section, the individual:
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a. may not request removal from the restri cted list
unless the individual has been on the restricted list
for at least ninety (90) days, and
b. shall remain on the restricted list, unless the Bureau
receives a request from the individual to have his or
her name removed from the restricted list.
G. If an individual restricted under this section is licensed
to carry a handgun pursuant to the provisions of the Oklahoma Self -
Defense Act, the handgun license of the individual shall be:
1. Suspended upon entry on the restricted list; and
2. Reinstated upon removal from the restricted list, unless the
permit has been revoked, be en suspended for a reason other than
under the provisions of this section, or has expired.
H. 1. The form for an individual seeking to be placed on the
restricted list describe d in paragraph 1 of subsection B of this
section shall have the following language prominently displayed
before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to a law enforcement agency, I
understand that I am requesting that my name be placed on a
restricted list that restricts my ability to purchase or possess
firearms for a minimum of thirty (30) days, and up to six (6)
months. I understand that by voluntarily making myself a
temporarily restricted person, I may not have a firearm in my
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possession and any attempt to purchase a firearm while I am on the
restricted list will be declined. I also understand that any time
after thirty (30) days, I may request removal from the restricted
list and all previous rights will be restored. In ad dition, if I am
in possession of a valid handgun license, my handgun license w ill be
suspended during the time I am on the restricted list, but will be
reinstated upon my removal, unless the permit has expired, been
revoked, been suspended for another reas on, or I become ineligible
to possess a firearm . Additionally, I acknowledge that if I possess
a firearm or attempt to purchase a firearm while outside the State
of Oklahoma, I will be subject to the law of that location regarding
restricted persons."
2. The form for an individual seeking to be placed on the
restricted list descri bed in paragraph 2 of subsection B of this
section shall have the following language prominently displayed
before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to a law enforcement agency, I
understand that I am requesting that my name be placed on a
restricted list that restricts my ability to purchase or possess
firearms indefinitely. I understand that by voluntarily making
myself a temporarily restricted per son, I may not have a firearm in
my possession and any attempt to purchase a f irearm while I am on
the restricted list will be declined. I also understand that any
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time after ninety (90) days, I may request removal from the
restricted list and all previou s rights will be restored. In
addition, if I am in possession of a valid handgun license, my
handgun license will be suspended during the time I am on the
restricted list, but will be reinstated upon my removal, unless the
permit has expired, been revoked , been suspended for another reason,
or I become ineligible to possess a firea rm. Additionally, I
acknowledge that if I possess a firearm or attempt to purchase a
firearm while outside the State of Oklahoma , I will be subject to
the law of that location r egarding restricted persons. "
I. 1. An individual requesting removal from a restricted list
shall deliver a completed removal form in person to:
a. the law enforcement agency that processed the
inclusion form if the individual was placed on the
restricted list pursuant to subparagraph a of
paragraph 1 of subsection D of this section, or
b. the local law enforcement agency of the individual if
the individual was placed on the restricted list
pursuant to subparagraph b of paragraph 1 of
subsection D of this section.
2. The law enforcement agency described in paragraph 1 of this
subsection:
a. shall verify the identity of the individual before
accepting the form,
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b. may not accept a removal form from someone other than
the individual named on the form , and
c. shall transmit the removal form electronically to the
Bureau.
J. Upon receipt of a verified removal form, the Bureau shall,
after three (3) business days, remove the individual from the
restricted list and remove the information from the National Insta nt
Criminal Background Check System (NICS).
K. For an individual added to the restricted list under
paragraph 1 of subsection B of this section, within thirty (30) days
before the 180-day removal deadline, the Bureau shall notify the
individual at the add ress listed on the inclusion form and, if
applicable, the law enforcement agen cy that processed the inclusion
form, that the individual is due to be removed from the restricted
list, and the date on which the removal will occur, unless the
individual requests an extension of up to one hundred eighty (180)
days.
L. 1. A law enforcement agency that receives a request for
inclusion shall:
a. maintain the completed form and all subsequent
completed forms in a separate file , and
b. for an individual added to t he restricted list under
paragraph 1 of subsection B of this section, destroy
the entire file within five (5) days after the date
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indicated in the notification if the individual does
not request an extension after notification in
accordance with subsection K of this section.
2. A law enforcement agency that receives a removal request
under subsection I of this section shall destroy the entire file
associated with the individual within five (5) days after the date
on which the information is transmitted to the Bureau.
3. Upon removal of an individual from a restricted list, the
Bureau shall destroy all records related to the inclusion and
removal of the individual within five (5) days after the date on
which the individual was removed.
4. All forms and records created in accordance with the
provisions of this section shall be deemed confidential . The
handling of any records maintained by the Bureau shall comply with
all applicable state and federal privacy laws.
M. The Bureau shall be authorized to promul gate policies and
procedures to implement the provisions of this act .
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1289.31c of Title 21, unless
there is created a duplication in numberin g, reads as follows:
A. An individual who is seeking inclusion on a restricted list
under Section 3 of this act may direct the health care provider of
the individual to electronically deliver the inclusion request of
the individual described in Section 3 of this act to the Bureau.
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B. In addition to the inclusion form described in Section 3 of
this act, the Bureau shall create a form, available by download
through the website of the Bureau, for:
1. An individual who is directing a health care provider to
electronically deliver the inclusion request of the individual and
require, at a minimum, the following information:
a. the signature of the individual,
b. the name of the health care provider of the
individual, and
c. the acknowledgment of the individual of the statement
as provided for in paragraph 1 of subsection D of this
section; and
2. A health care provider who is delivering an inclusion form
for an individual and require, at a minimum, the following
information for the health care provider:
a. the name of the health care provider,
b. the name of the organization of the health care
provider,
c. the license or certification of the health care
provider, including the license or certification
number,
d. the signature of the health care provider, and
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e. the acknowledgment of the health care provider of the
statement in paragraph 2 of subsection D of this
section.
C. 1. An individual who is directing a health care provider to
electronically deliver his or her request to be included on a
restricted list shall, in the presence of the health care provider,
complete the forms described in Section 3 of this act and as
provided for in paragraph 1 of subsection B of this section.
2. The health care provider:
a. shall verify the identity of the individual befor e
accepting the forms,
b. shall not accept forms from someone other than the
individual named on the forms,
c. shall complete the form described in paragraph 2 of
subsection B of this section, and
d. shall deliver the request to the Bureau electronically
and maintain a copy of the completed request in the
health record of the individual.
D. 1. The form described in paragraph 1 of subsection B of
this section shall have the following language prominently displayed
before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to my health care provider, I
understand that I am requesting that my health care provider present
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my name to the Oklahoma State Bureau of Investigation to be placed
on a restricted list that restricts my ability to purchase o r
possess firearms."
2. The form described in paragraph 2 of subsection B of this
section shall have the following language prominently displayed
before the signature:
"ACKNOWLEDGMENT
By presenting this completed form to the Oklahoma State Bureau
of Investigation, I understand that I am acknowledging that I have
verified the identity of [name of individual seeking inclusion on a
restricted list] and have witnessed [name of individual] sign the
form requesting that [name of individual] be placed on a restri cted
list that restricts the ability of [name of individual] to purchase
or possess firearms. I affirm that [name of individual] is
currently my patient, and I am a licensed health care provider
acting within the scope of my license, certification, practi ce,
education, or training. "
E. The Bureau shall be authorized to promulgate policies and
procedures to implement the provisions of this act.
SECTION 5. This act shall become effective November 1, 2025.
60-1-11250 GRS 01/13/25