Oklahoma 2025 Regular Session

Oklahoma House Bill HB2822 Compare Versions

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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 2822 By: Steagall
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3838 AS INTRODUCED
3939
4040 An Act relating to firearms; amending 21 O.S. 2021,
4141 Section 1277, which relates to the unlawful carry of
4242 firearms in certain places; mo difying scope of
4343 certain prohibited act; providing an exception;
4444 prohibiting the carry of firearms into certain
4545 places; deleting construing provisions; authorizing
4646 the concealed carry of handguns into buildings and on
4747 fairgrounds during the Oklahoma and Tu lsa State
4848 Fairs; authorizing event holders to allow for the
4949 open carry of lawful firearms during the Oklahoma and
5050 Tulsa State Fairs; authorizing public trusts and
5151 nonprofit entities to allow for the open carry of
5252 lawful firearms on public trust property; a mending 21
5353 O.S. 2021, Section 1290.22, which relates to the
5454 Oklahoma Self-Defense Act; prohibiting the carry of
5555 concealed or unconcealed firearms at certain events;
5656 deleting certain prohibition; and providing an
5757 effective date.
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6262 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6363 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
6464 amended to read as follows:
6565 Section 1277.
6666 UNLAWFUL CARRY IN CERTAIN PLACES
6767 A. It shall be unlawful for any person, including a person in
6868 possession of a valid handgun license issued pursuant to the
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9595 provisions of the Oklahoma Self -Defense Act, to carry any concealed
9696 or unconcealed firearm into any of the following places:
9797 1. Any structure, building, or office space which is owned or
9898 leased by a city, town, county, the state or federal governmental
9999 authority for the purpose of conducting business with the public;
100100 2. Any courthouse, courtroom, prison, jail, detention facility
101101 or any facility used to process, hold or house arrested persons,
102102 prisoners or persons alleged delinquent or adjudicated delinquent,
103103 except as provided in Section 21 of Title 57 of the Oklahoma
104104 Statutes;
105105 3. Any public or private elementary or public or private
106106 secondary school, except as provided in subsections C and D of t his
107107 section;
108108 4. Any publicly owned or operated sports arena or venue during
109109 a professional sporting event, unless allowed by the event holder;
110110 5. Any place where gambling is authorized by law, unless
111111 allowed by the property owner;
112112 6. Any other place spe cifically prohibited by law; and
113113 7. Any public property set aside by a county, city, town,
114114 public trust with a county, city or town as a beneficiary, or state
115115 governmental authority for an event that is secured with minimum -
116116 security provisions; provided, however, the provisions of this
117117 paragraph shall not apply to and specifically exclude events held on
118118 the fairgrounds and in buildings of the fairgrounds that are open to
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145145 the general public during the Oklahoma State Fair or the Tulsa State
146146 Fair. For purposes of this paragraph, a minimum -security provision
147147 consists of a location that is secured utilizing the following:
148148 a. a metallic-style security fence that is at least eight
149149 (8) feet in height that encompasses the property and
150150 is secured in such a way as to deter unauthorized
151151 entry,
152152 b. controlled access points staffed by a uniformed,
153153 commissioned peace officer, and
154154 c. a metal detector whereby persons walk or otherwise
155155 travel with their property through or by the metal
156156 detector;
157157 8. Any public building used f or a public meeting conducted
158158 under the Oklahoma Open Meeting Act, unless otherwise authorized by
159159 law;
160160 9. Any public facility providing substance abuse or mental
161161 health services or any facilities providing substance abuse programs
162162 to persons who are under the direct supervision of the state, a
163163 county, or municipality, unless otherw ise authorized by law; and
164164 10. The State Capitol Building, unless otherwise authorized by
165165 law.
166166 B. It shall be lawful for a person to carry a concealed or
167167 unconcealed firearm on the following properties:
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194194 1. Any property set aside for the use or parking of any
195195 vehicle, whether attended or unattended, by a city, town, county,
196196 state or federal governmental authority;
197197 2. Any property set aside for the use or parking of any
198198 vehicle, whether attended or unattended, which is open to the
199199 public, or by any entity engaged in gambling authorized by law;
200200 3. Any property adjacent to a structure, building or office
201201 space in which concealed or unconcealed weapons are prohibited by
202202 the provisions of this section;
203203 4. Any property designated by a city, town, county or state
204204 governmental authority as a park, recreational area, wildlife
205205 refuge, wildlife management area , or state or county fairgrounds;
206206 provided, nothing in this paragraph shall be c onstrued to authorize
207207 any entry by a person in possession of a concealed or un concealed
208208 firearm into any structure, building, office space or event which is
209209 specifically prohibited by the provisions of subsection A of this
210210 section;
211211 5. Any property set asi de by a public or private elementary or
212212 secondary school for the use or parking of any vehicle, whether
213213 attended or unattended; provided, however, the firearm shall be
214214 stored and hidden from view in a locked motor vehicle when the motor
215215 vehicle is left unattended on school property; and
216216 6. Any public property set aside temporarily by a county, city,
217217 town, public trust with a county, city or town as a beneficiary, or
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244244 state governmental authority for the holder of an event permit that
245245 is without minimum-security provisions, as such term is defined in
246246 paragraph 7 of subsection A of this section; provided, the carry of
247247 firearms within said permitted event area shall be limited to
248248 concealed carry of a handgun unless otherwise authorized by the
249249 holder of the event permit; and
250250 7. On the fairgrounds and in buildings located on the
251251 fairgrounds that are open to the general public during the Oklahoma
252252 State Fair or the Tulsa State Fair; provided, the handgun is carried
253253 in a concealed manner. The event holder shall be authorized to
254254 allow for the open carry of all lawful firearms during the Oklahoma
255255 State Fair or the Tulsa State Fair .
256256 Nothing contained in any provision of this subsection or
257257 subsection C of this section shall be construed to authorize or
258258 allow any person in control of any place described in subsection A
259259 of this section to establish any policy or rule that has the effect
260260 of prohibiting any person in lawful possession of a handgun license
261261 or otherwise in lawful possession of a firearm from carrying or
262262 possessing the firearm on the property described in this subsection.
263263 C. A concealed or unconcealed weapon may be carried onto
264264 private school property or in any school bus or vehicle used by any
265265 private school for transportation of students or teachers by a
266266 person who is licensed pursuant to the Oklahoma Self -Defense Act,
267267 provided a policy has been adopted by the governing entity of the
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294294 private school that authorizes the carrying and possession of a
295295 weapon on private school property or in any school bus or vehicl e
296296 used by a private school. Except for acts of gross negligence or
297297 willful or wanton misconduct, a governing entity of a private school
298298 that adopts a policy which authorizes the possession of a weapon on
299299 private school property, a school bus or vehicle us ed by the private
300300 school shall not be subject to liability for any injuries ar ising
301301 from the adoption of the policy. The provisions of this subsection
302302 shall not apply to claims pursuant to the Administrative Workers '
303303 Compensation Act.
304304 D. Notwithstanding paragraph 3 of subsection A of this section,
305305 a board of education of a school district may adopt a policy
306306 pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to
307307 authorize the carrying of a handgun onto school property by school
308308 personnel specifically designated by the board of education,
309309 provided such personnel either:
310310 1. Possess a valid armed security guard license as provided for
311311 in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
312312 2. Hold a valid reserve peace officer certifi cation as provided
313313 for in Section 3311 of Title 70 of the Oklahoma Statutes.
314314 Nothing in this subsection shall be construed to restrict authority
315315 granted elsewhere in law to carry firearms.
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342342 E. Notwithstanding the provisions of subsection A of this
343343 section, on any property designated as a municipal zoo or park of
344344 any size that is own ed, leased, operated or managed by:
345345 1. A public trust created pursuant to the provisions of Section
346346 176 of Title 60 of the Oklahoma Statutes; or
347347 2. A nonprofit entity,
348348 an individual shall be allowed to carry a concealed handgun but not
349349 openly carry a handgun on the property. The public trust or
350350 nonprofit entity shall be authorized to allow for the open carry of
351351 all lawful firearms on the property of the public trust or nonprofi t
352352 entity.
353353 F. Any person violating the provisions of paragraph 2 or 3 of
354354 subsection A of this section shall, upon conviction, be guilty of a
355355 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
356356 Dollars ($250.00). A person violating any other p rovision of
357357 subsection A of this section may be denied entrance onto the
358358 property or removed from the property. If the person refuses to
359359 leave the property and a peace officer is summoned, the person may
360360 be issued a citation for an amount not to exceed Tw o Hundred Fifty
361361 Dollars ($250.00).
362362 G. No person in possession of a valid hand gun license issued
363363 pursuant to the provisions of the Oklahoma Self -Defense Act or who
364364 is carrying or in possession of a firearm as otherwise permitted by
365365 law or who is carrying o r in possession of a machete, blackjack,
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392392 loaded cane, hand chain or metal knuckles shall be authorized to
393393 carry the firearm, machete, blackjack, loaded cane, hand chain or
394394 metal knuckles into or upon any college, university or technology
395395 center school property, except as provided in this subsection. For
396396 purposes of this subsection, the following property shall not be
397397 construed to be college, university or technology center school
398398 property:
399399 1. Any property set aside for the use or parking of any motor
400400 vehicle, whether attended or unattended, provided the firearm,
401401 machete, blackjack, loaded cane, hand chain or metal knuckles are
402402 carried or stored as required by law and the firearm, machete,
403403 blackjack, loaded cane, hand chain or metal knuckles are not removed
404404 from the motor vehicle without the prior consent of the college or
405405 university president or technology center school administrator while
406406 the vehicle is on any college, university or technology center
407407 school property;
408408 2. Any property authorized for possess ion or use of firearms,
409409 machetes, blackjacks, loaded canes, hand chains or metal knuckles by
410410 college, university or technology center school policy; and
411411 3. Any property authorized by the written consent of the
412412 college or university president or technology center school
413413 administrator, provided the written consent is carried with the
414414 firearm, machete, blackjack, loaded cane, hand chain or metal
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441441 knuckles and the valid handgun license while on college, university
442442 or technology center school property.
443443 The college, university or technology center school may notify
444444 the Oklahoma State Bureau of Investigation within ten (10) days of a
445445 violation of any provision of this subsection by a licensee. Upon
446446 receipt of a written notification of violation, the Bureau shall
447447 give a reasonable notice to the licensee and hold a hearing. At the
448448 hearing, upon a determination that the licensee has violated any
449449 provision of this subsection, the licensee may be subject to an
450450 administrative fine of Two Hundred Fifty Dollars ($250.00) and may
451451 have the handgun license suspended for three (3) months.
452452 Nothing contained in any provision of this subsection shall be
453453 construed to authorize or allow any college, university or
454454 technology center school to establish any policy or rule that has
455455 the effect of prohibiting any person in lawful possession of a
456456 handgun license or any person in lawful possession of a firearm,
457457 machete, blackjack, loaded cane, hand chain or metal knuckles from
458458 possession of a firearm, machete, blackjack, loaded cane, hand c hain
459459 or metal knuckles in places described in paragraphs 1, 2 and 3 of
460460 this subsection. Nothing contained in any provision of this
461461 subsection shall be construed to limit the authority of any college,
462462 university or technology center school in this state fr om taking
463463 administrative action against any student for any violation of any
464464 provision of this subsection.
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491491 H. The provisions of this section shall not apply to the
492492 following:
493493 1. Any peace officer or any person authorized by law to carry a
494494 firearm in the course of employment;
495495 2. District judges, associate district judges and special
496496 district judges, who are in possession of a valid handgun license
497497 issued pursuant to the provisions of the Oklahoma Self -Defense Act
498498 and whose names appear on a list maintaine d by the Administrative
499499 Director of the Courts, when acting in the course and scope of
500500 employment within the courthouses of this state;
501501 3. Private investigators with a firearms authorization when
502502 acting in the course and scope of employment;
503503 4. Elected officials of a county, who are in possession of a
504504 valid handgun license issued pursuant to the provisions of the
505505 Oklahoma Self-Defense Act, may carry a concealed handgun when acting
506506 in the performance of his or her duties within the courthouses of
507507 the county in which he or she was elected. The provisions of this
508508 paragraph shall not allow the elected county official to carry the
509509 handgun into a courtroom;
510510 5. The sheriff of any county may authorize certain employees of
511511 the county, who possess a valid handgun license issued pursuant to
512512 the provisions of the Oklahoma Self -Defense Act, to carry a
513513 concealed handgun when acting in the course and scope of employment
514514 within the courthouse in the county in which the person is employed.
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541541 Nothing in the Oklahoma Self -Defense Act shall prohibit the sheriff
542542 from requiring additional instruction or training before granting
543543 authorization to carry a concealed handgun within the courthouse.
544544 The provisions of this paragraph and of paragraph 6 of this
545545 subsection shall not allow the county employee to carry the handgun
546546 into a courtroom, sheriff 's office, adult or juvenile jail or any
547547 other prisoner detention area; and
548548 6. The board of county commissioners of any county may
549549 authorize certain employees of the county, who possess a valid
550550 handgun license issued pursuant to the provisions of the Oklahoma
551551 Self-Defense Act, to carry a concealed handgun when acting in the
552552 course and scope of employment on county annex facilities or grounds
553553 surrounding the county courthouse.
554554 I. For the purposes of this section, "motor vehicle" means any
555555 automobile, truck, minivan, sports utility vehicle, or motorcycle,
556556 as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes,
557557 equipped with a locked accessory container within or affixed to the
558558 motorcycle.
559559 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1 290.22, is
560560 amended to read as follows:
561561 Section 1290.22.
562562 BUSINESS OWNER'S RIGHTS
563563
564564 A. Except as provided in subsections B, C and D of this
565565 section, nothing contained in any provis ion of the Oklahoma Self -
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592592 Defense Act shall be construed to limit, restrict or prohibit in any
593593 manner the existing rights of any person, property owner, tenant,
594594 employer, liquor store, place of worship or business entity to
595595 control the possession of weapons on any property owned or
596596 controlled by the person or business entity.
597597 B. No person, property owner, tenant, employer, liquor store,
598598 holder of an event permit, place of worship or business entity shall
599599 be permitted to establish any policy or rule that has the effect of
600600 prohibiting any person, except a convicted felon, from transporting
601601 and storing firearms in a locked vehicle on any property set aside
602602 for any vehicle.
603603 C. A property owner, tenant, employer, liquor store, place of
604604 worship or business entity may prohibit any person from carrying a
605605 concealed or unconcealed firearm on t he property. If the building
606606 or property is open to the public, the property owner, tenant,
607607 employer, liquor store, place of worship or business entity shall
608608 post signs on or about the property stating such prohibition.
609609 D. No person, property owner, tenant, employer, liquor store,
610610 holder of an event permit, place of worship or business entity shall
611611 be permitted to establish any policy or rule that has the effect of
612612 prohibiting any person from carrying a concealed or unconcealed
613613 firearm on property within the specific exclusion provided for
614614 specified in paragraph 4 of subsection B of Section 1277 of this
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641641 title; provided that carrying a concealed or unconcealed firearm may
642642 be prohibited in the following places:
643643 1. The portion of a public property structure or building
644644 during an event authorized by the city, town, county, or state or
645645 federal governmental authority owning or controlling such building
646646 or structure;
647647 2. Any public property sports field including any adjacent
648648 seating or adjacent area set aside fo r viewing a sporting event,
649649 where an elementary or secondary school, collegiate, or professional
650650 sporting event or, an International Olympic Committee or
651651 organization or any comm ittee subordinate to the International
652652 Olympic Committee event , a national softball tournament event at the
653653 USA Softball Hall of Fame Complex, or a national or international
654654 Quarter Horse event is being held;
655655 3. The fairgrounds during the Oklahoma State F air or the Tulsa
656656 State Fair; and
657657 4.3. The portion of a public property structure or building
658658 that is leased or under contract to a business or not -for-profit
659659 entity or group for offices.
660660 E. The otherwise lawful carrying of a concealed or unconcealed
661661 firearm by a person on property that has signs prohibiting the
662662 carrying of firearms shall subject the person to being denied
663663 entrance onto the property or removed from the property. If the
664664 person:
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691691 1. Has been informed by the property owner, business entity o r
692692 manager of the business that the person is in violation of a policy
693693 that prohibits firearms on the property; and
694694 2. Refuses to leave the property and a peace officer is
695695 summoned, the person shall, upon conviction, be guilty of a
696696 misdemeanor punishable b y a fine not to exceed Two Hundred Fifty
697697 Dollars ($250.00).
698698 F. A person, property owner, tenant, employer, liquor store,
699699 holder of an event permit, place of worship or business entity that
700700 does or does not prohibit any individual, except a convicted felon ,
701701 from carrying a loaded or unloaded, concealed or unconcealed weapon
702702 on property that the person, property owner, tenant, employer,
703703 liquor store, holder of an event permit, place of worship or
704704 business entity owns, or has legal control of, is immune from any
705705 liability arising from that decision. Except for acts of gross
706706 negligence or willful or wanton misconduct, an employer who does or
707707 does not prohibit his or her employees from carrying a concealed or
708708 unconcealed weapon is immune from any liability aris ing from that
709709 decision. A person, property owner, tenant, employer, liquor st ore,
710710 holder of an event permit, place of worship or business entity that
711711 does not prohibit persons from carrying a concealed or unconcealed
712712 weapon pursuant to subsection D of thi s section shall be immune from
713713 any liability arising from the carrying of a concealed or
714714 unconcealed weapon, while in the scope of employment, on the
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741741 property or in or about a business entity vehicle. The provisions
742742 of this subsection shall not apply to c laims pursuant to the
743743 Administrative Workers ' Compensation Act.
744744 G. It shall not be considered part of an employee 's job
745745 description or within the employee 's scope of employment if an
746746 employee is allowed to carry or discharge a weapon pursuant to this
747747 section.
748748 H. Nothing in subsections F and G of this section shall prevent
749749 an employer, employee or person who has suffered loss resulting from
750750 the discharge of a weapon to seek redress or damages of the person
751751 who discharged the weapon or used the weapon outsi de the provisions
752752 of the Oklahoma Self -Defense Act.
753753 SECTION 3. This act shall become effective November 1, 2025.
754754
755755 60-1-10914 GRS 12/18/24