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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2823 By: Steagall
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1290.8, as amended by Section 4, Chapter 160,
O.S.L. 2023 (21 O.S. Supp. 20 24, Section 1290.8),
which relates to the Oklahoma Self -Defense Act;
providing for the display of state photo
identification or valid driver license upon demand of
law enforcement; deleting exception; deleting
circumstance that requires the dismissal of ce rtain
charges; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.8, as
amended by Section 4, Chapter 160, O.S.L. 2023 (21 O.S. Supp. 2024,
Section 1290.8), is amended to read as follows:
Section 1290.8.
POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN
A. Except as otherwise prohibited by law, an eligible person
shall have authority to carry a concealed or unconcealed firea rm in
this state when:
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1. The person is in compliance with the provisions of the
Oklahoma Self-Defense Act; or
2. The person is authorized pursuant to the provisions of
Section 1272 of this title.
B. A person in possession of a valid state photo identif ication
card, driver license, or valid handgun license or who presents a
valid military identification card and is in compliance with the
provisions of the Oklahoma Self -Defense Act shall be authorized to
carry such concealed or unconcealed firearm while s couting as it
relates to hunting or fishing or while hunting or fishing.
C. The person shall be required to have possession of his or
her valid handgun license, valid military identification card, valid
driver license, or state photo identification card a t all times when
in possession of a firearm. The person shall display either a valid
handgun license, valid military identification card, valid driver
license, or valid state photo identification card as provided for
qualified persons in this section on d emand of a law enforcement
officer during an arrest or routine traffic stop ; provided, however,
that in the absence of reasonable and articulable suspicion of other
criminal activity, an individual carrying an unconcealed or
concealed firearm or other lawful firearm shall not be disarmed or
physically restrained unless the individual fails to display one of
the following:
1. A valid handgun license;
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2. A valid military identification card;
3. A valid driver license; or
4. A valid state photo identificat ion card,
as provided for qualified persons in this section in response to
that demand. Any violation of the provisions of this subsection may
be punishable as a criminal offense as authorized by Section 1272 of
this title or pursuant to any other applica ble provision of law.
Upon the arrest of any person for a violation of the provisions
of this subsection, the person may show proof to the court that a
valid handgun license, a valid military identification card, a valid
driver license, or a valid state ph oto identification card has been
issued to such person and the person may stat e any reason why the
valid handgun license, valid military identification card, valid
driver license, or valid state photo identification card as provided
for qualified persons i n this section was not carried by the person
as required by the Oklahoma Self -Defense Act. The court shall
dismiss an alleged violation of Section 1272 of this title upon
payment of court costs, if proof of a valid handgun license, a valid
military identification card, a valid driver license, or valid state
photo identification car d is shown to the court within ten (10) days
of the arrest of the person.
D. It shall be unlawful for any person to fail or refuse to
identify the fact that the person is in act ual possession of a
concealed or unconcealed firearm pursuant to the authority of the
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Oklahoma Self-Defense Act during the course of any arrest ,
detainment, or routine traffic stop. Said identification shall be
required upon demand by the law enforcement officer. No person
shall be required to identify himself or herself as lawful ly in
possession of any other firearm if the law enforcement officer does
not demand the information. No person shall be required to identify
himself or herself as being in poss ession of a firearm when no
firearm is in the possession of the person or in any vehicle in
which the person is driving or is a passenger. Any violator of the
provisions of this subsection may be issued a citation for an amount
not exceeding One Hundred D ollars ($100.00).
E. Any law enforcement officer coming in contact with a per son
whose handgun license is suspended or revoked, or who is in
possession of a handgun license which has not been lawfully issued
to that person, shall confiscate the license an d return it to the
Oklahoma State Bureau of Investigation for appropriate
administrative proceedings against the licensee when the license is
no longer needed as evidence in any criminal proceeding.
F. Nothing in this section shall be construed to authori ze a
law enforcement officer to inspect any weapon properly concealed or
unconcealed without probable cause that a crime has been committed.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10803 GRS 01/07/25