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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 15 By: Bergstrom
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Sections 1279 and 1280, which relate to pointing
firearms; clarifying exception to certain prohibited
act; modifying penalty provisions; removing
revocation and administrative penalty provisions;
amending 21 O.S. 2021, Sections 1289.16 and 1289.25,
which relate to the Oklahoma Firearms Act of 1971;
authorizing the pointing of firearms un der certain
circumstances; removing administrative penalty
provision; expanding situations that allow for the
use of physical or deadly force; allowing for the
defensive display of firearms under certain
circumstances; providing exceptions; defining terms;
updating statutory language; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1279, is
amended to read as follows:
Section 1279.
MISDEMEANOR POINTING A FIREARM
Except for an act of self -defense, it It shall be unlawful for
any person to point any pistol a firearm or any other deadly weapon,
whether loaded or not, at any other another person or persons. Any
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person violating convicted of a violation of the provisions of this
section shall, upon conviction, be guilty of a misdemeanor
punishable be punished as provided in Section 1280 of this title.
Any person convicted of violating the The provisions of this
section after having been issued a ha ndgun license pursuant to the
provisions of the Oklahoma Self -Defense Act may be subject to an
administrative violation as provided in Section 1280 of this title
shall not apply to a person acting in self -defense or to a home or
business owner in defense o f the owner’s private property.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1280, is
amended to read as follows:
Section 1280.
PENALTY FOR 1279
Any person violating the provisions of Section 1279 of this
title shall, upon convicti on, be guilty of a misdemeanor punishable
by a fine of not less than One Hund red Dollars ($100.00) nor more
than One Thousand Dollars ($1,000.00) and shall be imprisoned ,
imprisonment in the county jail for a period not less than three (3)
nor more than to exceed twelve (12) months. Any person convicted of
violating the provisions of Section 1279 of this title after having
been issued a handgun license pursuant to the provisions of the
Oklahoma Self-Defense Act shall have the handgun license revoked and
shall be liable for an administrative fine of Fifty Dollars ($50.00)
upon a hearing and determination by the Oklahoma State Bureau of
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Investigation that the person is in violation of the provisions of
this section, or by both such fine and imprisonment .
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1289.16, is
amended to read as follows:
Section 1289.16
FELONY POINTING FIREARMS
Except for an act of self -defense, it
A. It shall be unlawful for any person to willfully or without
lawful cause point a shotgun, rifle or pistol, firearm or any other
deadly weapon, whether loaded or not, at any another person or
persons for the purpose of threatening or with the intention of
discharging the firearm or with any malice or for any purpose of
injuring, either through physical injury or mental or emotional
intimidation or for purposes of whimsy, humor or prank, or in anger
or otherwise, but not to include the pointing of shotguns, rifles or
pistols except by law:
1. A person who can legally own or possess a weapon pursuant to
the provisions of Section 1272 of this title:
a. during an act of self -defense, or
b. in defense of private property, located on any
premises, owned, rented, leased, or occupied by
permission of the property owner;
2. A person in the defensive display of a firearm or other
deadly weapon, as provided for in Section 1289.25 of this title;
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3. Law enforcement authorities in the performance of their
duties, armed;
4. Armed security guards licensed by the Council on Law
Enforcement Education and Training pursuant to the Oklahoma Security
Guard and Private Investigator Act in the performance of their
duties, members;
5. Members of the state military forces in the performance of
their duties, members;
6. Members of the federal military reserve and active military
components in the performance of their duties , or any federal;
7. Federal government law enforcement officer officers in the
performance of any duty, their duties; or in
8. Any person during the performance of a play on s tage, while
participating in a rodeo, or when participating in a television
program or on film, or in defense of any person, one ’s home or
property project.
B. Any person convicted of a violation of the provisions of
this section shall be punished as prov ided in Section 1289.17 of
this title.
Any person convicted of a violation of the provisions of this
section after having been issued a handgun license pursuant to the
Oklahoma Self-Defense Act shall have the license revoked and shall
be subject to an admi nistrative fine of One Thousand Dollars
($1,000.00), upon a hearing and deter mination by the Oklahoma State
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Bureau of Investigation that the person is in violation of the
provisions of this section.
SECTION 4. AMENDATORY 21 O.S. 2 021, Section 1289.25, is
amended to read as follows:
Section 1289.25
PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
A. The Legislature hereby recognizes that the citizens of the
State of Oklahoma this state have a right to expect absolute safety
within their own homes, places of business or, places of worship, or
occupied premises and have the right to establish policies regarding
the possession of weapons on property pursuant to the provisions of
Section 1290.22 of this title.
B. A person, regardless of offic ial capacity or lack of
official capacity, within a place of worship or a person, an owner,
manager, or employee of a business is presumed to have held a
reasonable fear of imminent peril of death or great bodily harm to
himself or herself or another when using defensive force that is
intended or likely to cause death or great bodi ly harm to another
if:
1. a. The the person against whom the defensive force was
used was in the process of unlawfully and forcefully
entering, or had unlawfully and forcibly ente red, a
dwelling, residence, occupied vehicle, place of
business or, place of worship, or any other occupied
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premises or if that person had removed or was
attempting to remove another against the will of that
person from the dwelling, residence, occupied ve hicle,
place of business or, place of worship., or any other
occupied premises, and
b. The the person who uses defensive force knew or had
reason to believe that an unlawful and forcible entry
or unlawful and forcible act on the occupied premises
was occurring or had occurred; or
2. The person who uses defensive force knew or had a reasonable
belief that the person against whom the defensive force was used
entered or was attempting to enter into a dwelling, residence,
occupied vehicle, place of business or, place of worship, or any
other occupied premises for the purpose of committ ing a forcible
felony, as defined in Section 733 of this title, and that the
defensive force was necessary to prevent the commission of the
forcible felony.
C. The presumption se t forth in subsection B of this section
does not apply if:
1. The person against whom the defensive force is used has the
right to be in or is a lawful resident of the dwelling, residence,
or vehicle, or any other occupied premises such as an owner, lesse e,
or titleholder, and there is not a protective order from domestic
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violence in effect or a written pretrial supervision order of no
contact against that person;
2. The person or persons sought to be removed are children or
grandchildren, or are otherwis e in the lawful custody or under the
lawful guardianship, of, the person against whom the defensive force
is used; or
3. The person who uses defensive force is engaged in an
unlawful activity or is using the dwelling, residence, occupied
vehicle, place of business or, place of worship, or any other
occupied premises to further an unlawful activity.
D. A person who is not engaged in an unlawful activity and who
is attacked in any other place where he or she has a right to be has
no duty to retreat and has the right to stand his or her ground and
meet force with force, including deadly force, if he or she
reasonably believes it is necessary to do so to prevent death or
great bodily harm to himself or herself or another or to prevent the
commission of a forci ble felony.
E. A person who unlawfully and by force enters or attempts to
enter the dwelling, residence, occupied vehicle of another person,
place of business or, place of worship, or any other occupied
premises is presumed to be doing so with the intent to commit an
unlawful act involving force or violence.
F. A person who uses defensive force, as permitted pursuant to
the provisions of subsections A, B, D and E of this section, is
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justified in using such defensive force and is immune from criminal
prosecution and civil action for the use of such defensive force.
As used in this subsection, the term “criminal prosecution ” includes
charging or prosecuting the defendant.
G. A law enforcement agency may use standard procedures for
investigating the use of defensive force, but the law enforcement
agency may not arrest the person for using defensive force unless it
determines that there is probable cause that the defensive force
that was used was unlawful.
H. The court shall award reasonable attorney fees, c ourt costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of any civil action brought by a plaintiff if
the court finds that the defendant is immune from prosecution as
provided in subsection F of this section.
I. The provisions of this section and the provisions of the
Oklahoma Self-Defense Act shall not be construed to require any
person using a weapon pursuant to the provisions of this section to
be licensed in any manner.
J. A person pointing a weapon at a perp etrator in self-defense
or in order to thwart, stop , or deter a forcible felo ny or attempted
forcible felony shall not be deemed found guilty of committing a
criminal act.
K. 1. The defensive display of a firearm or other deadly
weapon by a person shall not be a criminal act if a reasonable
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person would believe that physical force is immediately necessary to
protect himself, herself , or another person against the use or
attempted use of unlawful physical or deadly force by another or in
defense of private property, located on any premises, owned, rented,
leased, or occupied by per mission of the property owner.
2. The provisions of this subsection shall not apply to a
person who:
a. intentionally provokes another person to use or
attempt to use unlawful ph ysical or deadly force, or
b. uses a firearm during the commission of an unlawful
act involving force or violence.
3. The provisions of this subsection shall not be construed to
require the defensive display of a firearm or any other deadly
weapon before the use of defensive force or the threat of defensive
force by a person who i s justified in the use or threatened use of
defensive force.
L. As used in this section:
1. “Defensive display of a firearm ” includes but is not limited
to:
a. verbally informing another person that the person
possesses or has available a firearm or other deadly
weapon,
b. exposing or displaying a firearm or any other deadly
weapon in a manner that a reasonable person would
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understand was meant to protect the person against the
use or attempted use by another of unlawful physical
or deadly force, or
c. placing the hand of the person on a firearm or other
deadly weapon while the firearm is contained in a
pocket, purse, holster, sling scabbard, case, or other
means of containment or transport;
2. “Defensive force” includes, but shall is not be limited to,
pointing a weapon at a perpetrator in self -defense or in order to
thwart, stop, or deter a forcible felony or attempted forcible
felony;
2. 3. “Dwelling” means a building or conve yance of any kind,
including any attached porch, whether the building or conv eyance is
temporary or permanent, mobile or immobile, which has a roof over
it, including a tent, and is designed to be occupied by people;
4. “Occupied premises” means any premises occupied by an owner,
tenant, lessee, guest , or authorized user of the premises, including
their agents;
3. 5. “Place of worship” means:
a. any permanent building, structure, facility , or office
space owned, leased, rented , or borrowed, on a full -
time basis, when used for worship services,
activities, and business of the congr egation, which
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may include, but not be limited to , churches, temples,
synagogues, and mosques, and
b. any permanent building, structure, facility , or office
space owned, leased, r ented, or borrowed for use on a
temporary basis, when used for worship services,
activities, and business of the congregation
including, but not limited to, churches, temples,
synagogues, and mosques;
4. 6. “Residence” means a dwelling in which a person r esides
either temporarily or permanently or is visiting as an invited
guest; and
5. 7. “Vehicle” means a conveyance of any kind, whether or not
motorized, which is designed to transport people or property.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-69 CN 12/9/2024 8:52:43 AM