OK
Oklahoma House Bill HB1987

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1987 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1987 By: Ranson
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3838 AS INTRODUCED
3939
4040 An Act relating to protective orders; creating the
4141 Oklahoma Extreme Risk Protective Order Act; defining
4242 terms; providing procedures for f iling petition for
4343 firearms restraining order; prohibiting assessment of
4444 filing fee; declaring jurisdiction of courts;
4545 providing procedures for serving summons and notice
4646 of hearings; authorizing requests for ex parte orders
4747 and emergency hearings for fire arms restraining
4848 orders; providing guidelines and procedures for
4949 filing and issuing emergency firearms restraining
5050 orders; providing for the seizure of firearms and
5151 handgun licenses upon finding of probable cause;
5252 stating parameters of firearms restraining order;
5353 providing procedures for the return of firearms and
5454 handgun license upon expiration of order; authorizing
5555 transfer of firearms under certain circumstances;
5656 providing for six-month restraining orders under
5757 certain circumstances; establishing guideli nes and
5858 procedures; making certain acts unlawful; directing
5959 courts to consider certain evidence prior to issuing
6060 orders; authorizing issuance of search warrants;
6161 stating parameters of six -month restraining order;
6262 providing procedures for the return of fire arms and
6363 handgun licenses upon expiration of order;
6464 authorizing transfer of firearms under certain
6565 circumstances; providing for the dissolution of
6666 emergency firearms restraining order; allowing
6767 subject of order to request termination hearing;
6868 providing procedures for termination hearing
6969 requests; directing court clerks to enter orde r on
7070 records of the court and file copies with certain
7171 entities; directing sheriff or law enforcement to
7272 serve order upon respondent; directing sheriffs and
7373 law enforcement to su bmit documents to the Oklahoma
7474 State Bureau of Investigation; requiring Bureau to
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101101 maintain records of firearms restraining orders;
102102 authorizing out-of-state orders to be filed by court
103103 clerks; making certain acts unlawful; providing
104104 penalty; permitting law enforcement to remove weapons
105105 when deemed appropriate; providing exemption fro m
106106 civil liability; providing an exception; authorizing
107107 the expungement of firearms restraining orders under
108108 certain circumstances; repealing 21 O.S. 2021,
109109 Sections 1289.24b and 1 289.24c, which relate to the
110110 Anti-Red Flag Act; providing for codification; and
111111 providing an effective date .
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116116
117117 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
118118 SECTION 1. NEW LAW A new section of law to be codified
119119 in the Oklahoma Statutes as Section 62 of Title 22, unless there is
120120 created a duplication in numbering, reads as follows:
121121 Sections 1 through 14 of this act shall be known and may be
122122 cited as the "Oklahoma Extreme Risk Protective Order Act ".
123123 SECTION 2. NEW LAW A new section of law to be codified
124124 in the Oklahoma Statutes as Section 62.1 of Title 22, unless there
125125 is created a duplication in numbering, reads as follows:
126126 As used in this act:
127127 1. "Family or household members " means:
128128 a. spouses,
129129 b. ex-spouses,
130130 c. present spouses of ex -spouses,
131131 d. parents, including gra ndparents, stepparents, adoptive
132132 parents, and foster parents,
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159159 e. children, including grandchildren, stepchildren,
160160 adopted children, and foster children,
161161 f. persons otherwise rela ted by blood or marriage,
162162 g. persons living in the same household or who formerly
163163 lived in the same household, and
164164 h. persons who are the biological parents of the same
165165 child, regardless of their marital status, or whether
166166 they have lived together at any t ime. This shall
167167 include the elderly and handicapped;
168168 2. "Firearms restraining order" means an order issued by the
169169 court, prohibiting and enjoining a named person from having in his
170170 or her custody or control, purchasing, possessing , or receiving any
171171 firearms;
172172 3. "Intimate partner" means a person with whom the respondent
173173 has a courtship or engagement relationship. For purposes of this
174174 act, a casual acquaintance or ordinary fraternization between
175175 persons in a business or social context shall not constitute a
176176 courtship or engagement relationship;
177177 4. "Petitioner" means:
178178 a. intimate partner or a family or household member of
179179 the respondent as defined in this act, or
180180 b. a law enforcement officer, who files a petition
181181 alleging that the respondent poses a danger of causing
182182 personal injury to himself, herself, or another by
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209209 having in his or her custody or control a firearm or
210210 the respondent is purchasing, possessing, or receiving
211211 a firearm; and
212212 5. "Respondent" means the person alleged in the petition to
213213 pose a danger of causing personal injury to himself, herself, or
214214 another by having in h is or her custody or control a firearm or by
215215 purchasing, possessing, or receiving a firearm.
216216 SECTION 3. NEW LAW A new section of law to be codified
217217 in the Oklahoma Statutes as Section 62.2 of Title 22, unless there
218218 is created a duplication in numbering, reads as follows:
219219 A. Actions for a firearms restraining order are commenced by
220220 filing a verified petition for a firearms restraining order in any
221221 district court.
222222 B. A petition for a firearms restraining order may be filed in
223223 any county where the respondent resides.
224224 C. No fee shall be charged by the clerk for filing, amending,
225225 vacating, certifying, or photocopying petitions or orders. Nor
226226 shall any fee be charged for issuing alias summonses or for any
227227 related filing service.
228228 D. No fee shall be charged by the sheriff or other law
229229 enforcement for service by the sheriff or other law enforcement of a
230230 petition, rule, motion, or order in an action commenced unde r the
231231 provisions of this act.
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258258 E. The court shall provide, through the office of the court
259259 clerk, simplified forms to help with the writing of a petition under
260260 this act by any person not represented by counsel.
261261 SECTION 4. NEW LAW A new section of law to be codified
262262 in the Oklahoma Statutes as Section 62.3 of Title 22, unless there
263263 is created a duplication in numbering, reads as follows:
264264 A. Each of the district courts shall have the power to issue
265265 firearms restraining orders.
266266 B. The district courts of this state have jurisdiction to bind
267267 state residents and n onresidents having minimum contacts with this
268268 state.
269269 C. The summons shall require respondent to answer or appear
270270 within seven (7) days. Attachments to the summons or notice sha ll
271271 include the petition for the firearms restraining order and
272272 supporting affidavits, if any, and any emergency firearms
273273 restraining order that has been issued. The enforcement of an order
274274 under Section 5 of this act shall not be affected by the lack of
275275 service, delivery, or notice, provided the requirements of
276276 subsection F of Sect ion 5 of this act are otherwise met.
277277 D. Except as provided in subsection C of this section, notice
278278 of hearings on petitions or motions shall be served in accordance
279279 with Title 12 O.S., Rule 2 of the District Courts, unless notice is
280280 excused by Section 5 of this act, or by the Code of Civil Procedure,
281281 Supreme Court rules, or local rules.
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308308 SECTION 5. NEW LAW A new section of law to be codified
309309 in the Oklahoma Statutes as Section 62.4 of Title 22, unless there
310310 is created a duplication i n numbering, reads as follows:
311311 A. A petitioner may request an emergency firearms restraining
312312 order by filing an affidavit or verified pleading alleging that the
313313 respondent poses an immediate and present danger of causing personal
314314 injury to himself, herself, or another by having in his or her
315315 custody or control a firearm or by purchasing, possessing, or
316316 receiving a firearm. The petition shall also describe the type and
317317 location of any firearm or firearms presently believed by the
318318 petitioner to be possessed or controlled by the respondent.
319319 B. If the respondent is alleged to pose an immediate and
320320 present danger of causing personal injury to an intimate partner, or
321321 an intimate partner is alleged to have been the target of a threat
322322 or act of violence by the respondent, petitioner shall make a good -
323323 faith effort to provide notice to any and all intimate partners of
324324 the respondent. The notice must include that the petitioner intends
325325 to petition the court for an emergency firearms restraining order,
326326 and, if petitioner is a law enforcement officer, referral to
327327 relevant domestic violence or stalking advocacy or counseling
328328 resources, if appropriate. The petitioner shall attest to having
329329 provided the notice in the filed affidavit or verified pleading.
330330 If, after making a good-faith effort, the petitioner is unable to
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357357 provide notice to any or all intimate partners, the affidavit or
358358 verified pleading should describe what efforts were made.
359359 C. Every person who files a petition for an emergency firearms
360360 restraining order, knowing the information provided to the court at
361361 any hearing or in the affidavit or verified pleading to be false, is
362362 guilty of perjury under Section 491 of Title 21 of the Okla homa
363363 Statutes.
364364 D. An emergency firearms restraining order shall be issued on
365365 an ex parte basis, that is, without notice to the respondent.
366366 E. An emergency hearing held on an ex parte basis shall be held
367367 the same day that the petition is filed or the next day that the
368368 court is in session.
369369 F. 1. If a judge finds probable cause to believe that the
370370 respondent poses an immediate and present danger of causing personal
371371 injury to himself, herself, or another by having in his or her
372372 custody or control a firearm or by purchasing, possessing, or
373373 receiving a firearm, the judge shall issue an emergency order.
374374 Furthermore, the court shall provide the respondent with information
375375 and resource options for community -based mental health treatment.
376376 2. If the court issues an emergency firearms restraining order,
377377 it shall, upon a finding of probable cause that the respondent
378378 possesses firearms, issue a search warrant directing a law
379379 enforcement agency to seize the firearms of the respondent. The
380380 court may, as part of that w arrant, direct the law enforcement
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407407 agency to search the residence of the respondent and other places
408408 where the court finds there is probable cause to believe he or she
409409 is likely to possess the firearms.
410410 G. An emergency firearms restraining order shall req uire:
411411 1. The respondent to refrain from having in his or her custody
412412 or control a firearm or from purchasing, possessing, or receiving
413413 additional firearms for the duration of the order; and
414414 2. The respondent to turn over to the local law enforcement
415415 agency any handgun license issued pursuant to the Oklahoma Self -
416416 Defense Act in his or her possession. The local law enforcement
417417 agency shall immediately mail the handgun license to the Oklahoma
418418 State Bureau of Investigation for safekeeping. The firearm and
419419 handgun license, if unexpired, shall be returned to the respondent
420420 after the firearms restraining order is terminated or expired.
421421 H. 1. Except as otherwise provided in paragraph 2 of this
422422 subsection, upon expiration of the period of safekeeping, if the
423423 firearm or handgun license cannot be returned to respondent because
424424 respondent cannot be located, the respondent fails to respond to
425425 requests to retrieve the firearms, or the respondent is not lawfully
426426 eligible to possess a firearm, upon petition from the lo cal law
427427 enforcement agency, the court may order the local law enforcement
428428 agency to destroy the firearm, use the firearm for training
429429 purposes, or for any other application as deemed appropriate by the
430430 local law enforcement agency.
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457457 2. A respondent may pet ition the court, if the petitioner is
458458 present in court or has notice of the petition, to transfer the
459459 firearm of the respondent to a person who is lawfully able to
460460 possess the firearm if the person does not reside at the same
461461 address as the respondent. No tice of the petition shall be served
462462 upon the person protected by the emergenc y firearms restraining
463463 order. While the order is in effect, the transferee who receives
464464 the firearm of the respondent must swear or affirm by affidavit that
465465 he or she shall not transfer the firearm to the respondent or to
466466 anyone residing in the same residence as the respondent.
467467 3. If a person other than the respondent claims title to any
468468 firearm surrendered under this section, he or she may petition the
469469 court, if the petitioner is present in court or has notice of the
470470 petition, to have the firearm returne d to him or her. If the court
471471 determines that person to be the lawful owner of the firearm, the
472472 firearm shall be returned to him or her, provided that:
473473 a. the firearm is removed from the custody, control, or
474474 possession of the respondent and the lawful owner
475475 agrees to store the firearm in a manner such that the
476476 respondent does not have access to or control of the
477477 firearm, and
478478 b. the firearm is not otherwise unlawfully possessed by
479479 the owner.
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506506 4. The person petitioning for the return of his or her firearm
507507 must swear or affirm by affidavit that he or she:
508508 a. is the lawful owner of the firearm,
509509 b. will not transfer the firearm to the respondent, and
510510 c. will store the firearm in a mann er that the respondent
511511 does not have access to or control of the firearm.
512512 I. In accordance with subsection E of this section, the court
513513 shall schedule a full hearing as soon as possible, but no longer
514514 than fourteen (14) days from the issuance of an ex par te firearms
515515 restraining order, to determine if a six -month firearms restrainin g
516516 order shall be issued. The court may extend an ex parte order as
517517 needed, but not to exceed fourteen (14) days, to effectuate service
518518 of the order or if necessary to continue p rotection. The court may
519519 extend the order for a greater length of time by mutual agreement of
520520 the parties.
521521 SECTION 6. NEW LAW A new section of law to be codified
522522 in the Oklahoma Statutes as Section 62.5 of Title 22, unless there
523523 is created a duplication in numbering, reads as follows:
524524 A. A petitioner may re quest a six-month firearms restraining
525525 order by filing an affidavit or verified pleading alleging that the
526526 respondent poses a significant danger of causing personal injury to
527527 himself, herself, or another in the near future by having in his or
528528 her custody or control a firearm or by purchasing, possessing, or
529529 receiving a firearm. The petition shall also describe the number,
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556556 types, and locations of any firearms presently believed by the
557557 petitioner to be possessed or controlled by the respondent.
558558 B. If the respondent is alleged to pose a significant danger of
559559 causing personal injury to an intimate partner, or an intimate
560560 partner is alleged to have been the target of a threat or act o f
561561 violence by the respondent, petitioner shall make a good -faith
562562 effort to provide notice to any and all intimate partners of the
563563 respondent. The notice must include that the petitioner intends to
564564 petition the court for a six -month firearms restraining or der, and,
565565 if petitioner is a law enforcement officer, referral to relevant
566566 domestic violence or stalking advocacy or counseling resources, if
567567 appropriate. The petitioner shall attest to having provided the
568568 notice in the filed affidavit or verified pleadin g. If, after
569569 making a good-faith effort, the petitioner is unable to provide
570570 notice to any or all intimate partners, the affidavit or verified
571571 pleading should describe what efforts were made.
572572 C. Every person who files a petition for a six -month firearms
573573 restraining order, knowing the information provided to the court at
574574 any hearing or in the affidavit or verified pleading to be false, is
575575 guilty of perjury under Section 491 of Title 21 of the Oklahoma
576576 Statutes.
577577 D. Upon receipt of a petition for a six -month firearms
578578 restraining order, the court shall order a hearing within thirty
579579 (30) days.
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606606 E. In determining whether to issue a firearms restraining order
607607 under this section, the court shall consider evidence including, but
608608 not limited to, the following:
609609 1. The unlawful and reckless use, display, or brandishing of a
610610 firearm by the respondent;
611611 2. The history of use, attempted use, or threatened use of
612612 physical force by the respondent against another person;
613613 3. Any prior arrest of the respondent for a felony offense;
614614 4. Evidence of the abuse of controlled substances or alcohol by
615615 the respondent;
616616 5. A recent threat of violence or act of violence by the
617617 respondent directed toward himself, herself, or another;
618618 6. A violation of an emergency order of protection or order of
619619 protection issued under the Protection from Domestic Abuse Act; o r
620620 7. A pattern of violent acts or violent threats including, but
621621 not limited to, threats of violence or acts of violence by the
622622 respondent directed toward himself, herself, or a nother.
623623 F. At the hearing, the petitioner shall have the burden of
624624 proving by clear and convincing evidence that the respondent poses a
625625 significant danger of personal injury to himself, herself, or
626626 another by having in his or her custody or control a fire arm, or by
627627 purchasing, possessing, or receiving a firearm.
628628 G. If the court finds that there is clear and convincing
629629 evidence to issue a firearms restraining order, the court shall
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656656 issue a firearms restraining order that shall be in effect for six
657657 (6) months subject to renewal or termination under Section 7 of this
658658 act. Furthermore, the court shall provide the respondent with
659659 information and resource options for community -based mental health
660660 treatment. If the court issues a six -month firearms restraining
661661 order, it shall, upon a finding of probable cause that the
662662 respondent possesses firearms, issue a search warrant directing a
663663 law enforcement agency to seize the firearms of the respondent. The
664664 court may, as part of that warrant, direct the law enforcement
665665 agency to search the residence of the respondent and other places
666666 where the court finds there is probable cause to believe he or she
667667 is likely to possess the firearms.
668668 H. A six-month firearms restraining order shall require:
669669 1. The respondent to refrain from having in his or her custody
670670 or control a firearm, or from purchasing, p ossessing, or receiving
671671 additional firearms for the duration of the order; and
672672 2. The respondent to turn over to the local law enforcement
673673 agency any firearm or handgun license issued pursuant to the
674674 Oklahoma Self-Defense Act in his or her possession. The local law
675675 enforcement agency shall immediately mail the handgun license to the
676676 Oklahoma State Bureau of Investigation for safekeeping. The firearm
677677 and handgun license, if unex pired, shall be returned to the
678678 respondent after the firearms restraining orde r is terminated or
679679 expired.
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706706 I. 1. Except as otherwise provided in paragraph 2 of this
707707 subsection, upon expiration of the period of safekeeping, if the
708708 firearm or handgun licens e cannot be returned to respondent because
709709 respondent cannot be located, the respondent fails to respond to
710710 requests to retrieve the firearm, or the respondent is not lawfully
711711 eligible to possess a firearm, upon petition from the local law
712712 enforcement agency, the court may order the local law enforcement
713713 agency to destroy the firear m, use the firearm for training
714714 purposes, or for any other application as deemed appropriate by the
715715 local law enforcement agency.
716716 2. A respondent may petition the court, if the petitioner is
717717 present in court or has notice of the petition, to transfer the
718718 firearm of the respondent to a person who is lawfully able to
719719 possess the firearm if the person does not reside at the same
720720 address as the respondent. Notice of the petition sha ll be served
721721 upon the person protected by the emergency firearms restraining
722722 order. While the order is in effect, the transferee who receives
723723 the firearm of the respondent must swear or affirm by affidavit that
724724 he or she shall not transfer the firearm to the respondent or to
725725 anyone residing in the same residence as the respondent.
726726 3. If a person other than the respondent claims title to any
727727 firearms surrendered under this section, he or she may petition the
728728 court, if the petitioner is present in court or has notice of the
729729 petition, to have the firearm returned to him or her. If th e court
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756756 determines that person to be the lawful owner of the firearm, the
757757 firearm shall be returned to him or her, provided that:
758758 a. the firearm is removed from the custody, cont rol, or
759759 possession of the respondent and the lawful owner
760760 agrees to store the firearm in a manner such that the
761761 respondent does not have access to or control of the
762762 firearm, and
763763 b. the firearm is not otherwise unlawfully possessed by
764764 the owner.
765765 4. The person petitioning for the return of his or her firearm
766766 must swear or affirm by a ffidavit that he or she:
767767 a. is the lawful owner of the firearm,
768768 b. will not transfer the firearm to the respondent, and
769769 c. will store the firearm in a manner that the respondent
770770 does not have access to or control of the firearm.
771771 J. If the court does not issue a firearms restraining order at
772772 the hearing, the court shall dissolve any emergency firearms
773773 restraining order then in effect.
774774 K. When the court issues a firearms restraini ng order under
775775 this section, the court shall inform the respondent that he or she
776776 is entitled to one hearing during the period of the order to request
777777 a termination of the order, under Section 7 of this act, and shall
778778 provide the respondent with a form to request a hearing.
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805805 SECTION 7. NEW LAW A new section of law to be codified
806806 in the Oklahoma Statutes as Section 62.6 of Title 22, unless there
807807 is created a duplication in numbering, reads as follows:
808808 A. A person subject to a firearms restraining order issued
809809 under this act may submit one (1) written request at any time during
810810 the effective period of the order for a hearing to terminate the
811811 order.
812812 1. The respondent shall have the burden of proving by a
813813 preponderance of the evidence th at the respondent does not pose a
814814 danger of causing personal injury to himself, herself, or another in
815815 the near future by having in his or her custody or control a
816816 firearm, or by purchasing, possessing, or receiving a firearm ;
817817 2. If the court finds after the hearing that the respondent has
818818 met his or her burden, the court shall ter minate the order.
819819 B. A petitioner may request a renewal of a firearms restraining
820820 order at any time within the three (3) months before the expiration
821821 of a firearms restraining o rder.
822822 1. A court shall, after notice and a hearing, renew a firearms
823823 restraining order issued under this section if the petitioner
824824 proves, by clear and convincing evidence, that the respondent
825825 continues to pose a danger of causing personal injury to himse lf,
826826 herself, or another in the near future by having in his or her
827827 custody or control a firearm, or by purchasing, possessing, or
828828 receiving a firearm;
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855855 2. In determining whether to renew a firearms restraining order
856856 issued under this act, the court shall c onsider evidence of the
857857 facts identified in subsection E of Section 6 of this act and any
858858 other evidence of an increased risk for violence.
859859 3. At the hearing, the petitioner shall have the burden of
860860 proving, by clear and convincing evidence, that the resp ondent
861861 continues to pose a danger of causing personal injury to himself,
862862 herself, or another in the near future by having in his or her
863863 custody or control a firearm, or by purchasing, possessing, or
864864 receiving a firearm.
865865 4. The renewal of a firearms restra ining order issued under
866866 this section shall be in effect for six (6) months, subject to
867867 termination by further order of the court at a hearing held under
868868 this section and further renewal by further order of the court under
869869 this section.
870870 SECTION 8. NEW LAW A new section of law to be codified
871871 in the Oklahoma Statutes as Section 62.7 of Title 22, unless there
872872 is created a duplication in numbering, reads as follows:
873873 A. Upon issuance of any firearms restraining order, the clerk
874874 shall immediately, or on the next court day if an emergency firearms
875875 restraining order is issued in accordance with Section 5 of this
876876 act:
877877 1. Enter the order on the record and file it in accordance with
878878 the district court procedures; and
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905905 2. Provide a file-stamped copy of the order to respondent, if
906906 present, and to petitioner.
907907 B. The clerk shall, or the petitioner may, on the same day that
908908 a firearms restraining order is issued, file a certified copy of
909909 that order with the sheriff or other law enforcement official s
910910 charged with maintaining law enforcement records or charged with
911911 serving the order upon respondent. If the order was issued in
912912 accordance with Section 5 of this act, the clerk shall , on the next
913913 court day, file a certified copy of the order with the she riff or
914914 other law enforcement officials charged with maintaining law
915915 enforcement records.
916916 C. Unless respondent was present in court when the order was
917917 issued, the sheriff or other law enforcement official shall promptly
918918 serve that order upon respondent an d file proof of the service, in
919919 the manner provided for service of process in civil proceedings.
920920 D. Any order renewing or terminating any firearms restraining
921921 order shall be promptly recorded, issued, and served as provided in
922922 this section.
923923 SECTION 9. NEW LAW A new section of law to be codified
924924 in the Oklahoma Statutes as Section 62.8 of Title 22, unless there
925925 is created a duplication in numbering, reads as follows:
926926 A. All sheriffs shall furnish to the Oklahoma State Bureau of
927927 Investigation, daily, in the form and detail the Bureau requires,
928928 copies of any recorded firearms restraining order issued by the
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955955 court and transmitted to the sheriff by the court clerk under
956956 Section 8 of this act. Each firearms restraining order shall be
957957 entered in the Uniform Crime Reporting System on the same day it is
958958 issued by the court. If an emergency firearms restraining order was
959959 issued in accordance with Section 5 of this act, the order shall be
960960 entered in the Uniform Crime Reporting System as soon as possible
961961 upon receipt from the clerk.
962962 B. The Oklahoma State Bureau of Investigation shall maintain a
963963 complete and systematic record and index of all valid and recorded
964964 firearms restraining orders issued or filed under this act. The
965965 data shall be used to inform all dispatchers and law enforcement
966966 officers at the scene of a viola tion of the firearms restraining
967967 order of the effective dates and terms of any recorded order of
968968 protection.
969969 C. The data, records, and transmittals required under this
970970 section shall pertain to any valid emergency or six -month firearms
971971 restraining order, whether issued in a civil or criminal proceeding
972972 or authorized under the laws of another state, tribe, or United
973973 States territory.
974974 SECTION 10. NEW LAW A new section of law to be codified
975975 in the Oklahoma Statutes as Section 62.9 of Tit le 22, unless there
976976 is created a duplication in numbering, reads as follows:
977977 A. A person who has sought a firearms restraining order or
978978 similar order issued by the court of anot her state, tribe, or United
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10051005 States territory may file a certified copy of the firearms
10061006 restraining order with the court clerk in a judicial district in
10071007 which the person believes that enforcement may be necessary.
10081008 B. The clerk shall:
10091009 1. Treat the foreign firearms restraining order in the same
10101010 manner as a judgment of the district co urt for any county of this
10111011 state in accordance with the provisions of the Uniform Enforcement
10121012 of Foreign Judgments Act, except that the clerk shall not mail
10131013 notice of the filing of the foreign order to the respondent named in
10141014 the order; and
10151015 2. On the same day that a foreign firearms restraining order is
10161016 filed, file a certified copy of that order with the sheriff or other
10171017 law enforcement officials charged with maintaining law enfo rcement
10181018 records as set forth in Section 9 of this act.
10191019 C. Neither residence i n this state nor filing of a foreign
10201020 firearms restraining order shall be required for enforcement of the
10211021 order by this state. Failure to file the foreign order shall not be
10221022 an impediment to its treatment in all respects as an Oklahoma
10231023 firearms restraining order.
10241024 D. The clerk shall not charge a fee to file a foreign firearms
10251025 restraining order under this section.
10261026 SECTION 11. NEW LAW A new section of law to b e codified
10271027 in the Oklahoma Statutes as Section 62.10 of Title 22, unless there
10281028 is created a duplication in numbering, reads as follows:
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10551055 A respondent who knowingly violates a firearms restraining order
10561056 is guilty of a misdemeanor. Prosecution for a violatio n of a
10571057 firearms restraining order shall not bar concurrent prosecution for
10581058 any other crime, including any crime that may have been committed at
10591059 the time of the violation of the firearms restraining order.
10601060 SECTION 12. NEW LAW A new se ction of law to be codified
10611061 in the Oklahoma Statutes as Section 62.11 of Title 22, unless there
10621062 is created a duplication in numbering, reads as follows:
10631063 Nothing in this act shall preclude a petitioner or law
10641064 enforcement officer from removing weapons under other authority, or
10651065 filing criminal charges when probable cause exists.
10661066 SECTION 13. NEW LAW A new section of law to be codified
10671067 in the Oklahoma Statutes as Section 62.12 of Title 22, unless there
10681068 is created a duplication in numbering , reads as follows:
10691069 Any act of omission or commission by any law enforcement o fficer
10701070 acting in good faith in rendering emergency assistance or otherwise
10711071 enforcing this act shall not impose civil liability upon the law
10721072 enforcement officer or his or her supe rvisor or employer, unless the
10731073 act is a result of willful or wanton misconduct.
10741074 SECTION 14. NEW LAW A new section of law to be codified
10751075 in the Oklahoma Statutes as Section 62.13 of Title 22, unless there
10761076 is created a duplication in n umbering, reads as follows:
10771077 If the court denies issuance of a firearms restrai ning order
10781078 against the respondent, all records of the proceeding shall be
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11051105 immediately expunged from the court records. If the firearms
11061106 restraining order is granted, all records of the proceeding shall,
11071107 three (3) years after the expiration of the firearms restraining
11081108 order, be sealed.
11091109 SECTION 15. REPEALER 21 O.S. 2021, Sections 1289.24b and
11101110 1289.24c, are hereby repealed.
11111111 SECTION 16. This act shall become effective November 1, 2025.
11121112
11131113 60-1-11166 GRS 01/12/25