| 42 | 64 | | |
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| 43 | 65 | | An Act relating to firearms; amending 21 O.S. 2021, |
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| 44 | 66 | | Section 1283, as amended by Section 1, Chapter 299, |
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| 45 | 67 | | O.S.L. 2022 (21 O.S. Supp. 202 4, Section 1283), which |
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| 46 | 68 | | relates to convicted felons and delinquents; |
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| 47 | 69 | | modifying provisions related to firearms in certain |
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| 48 | 70 | | vehicles; restoring certain rights to carry; |
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| 49 | 71 | | prohibiting certain carry for certain persons; |
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| 50 | 72 | | modifying provisions related to firearms in c ertain |
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| 51 | 73 | | residences; updating statutory language; updating |
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| 52 | 74 | | statutory references; and providing an effective |
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| 53 | 75 | | date. |
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| 54 | 76 | | |
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| 55 | 77 | | |
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| 56 | 78 | | |
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| 59 | 79 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 60 | 80 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 1283, as |
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| 61 | 81 | | amended by Section 1, Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2024, |
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| 62 | 82 | | Section 1283), is amended to read as follows: |
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| 63 | 83 | | Section 1283. |
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| 64 | 84 | | CONVICTED FELONS AND DELINQUENTS |
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| 65 | 85 | | A. Except as provided in subsection subsections B and C of this |
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| 66 | 86 | | section, it shall be unlawful for any person convicted of any felony |
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| 67 | 87 | | in any court of this state or of anothe r state or of the United |
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| 97 | 141 | | or at the residence where the convicted person resides, any pistol, |
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| 98 | 142 | | imitation or homemade pistol, altered air or toy pistol, machine |
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| 99 | 143 | | gun, sawed-off shotgun or sawed -off rifle, or any other firearm. |
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| 100 | 144 | | B. Any person who has previously been convicted of a nonviolent |
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| 101 | 145 | | felony in any court of this state or of another state or of the |
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| 102 | 146 | | United States, and who has recei ved a full and complete pardon from |
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| 103 | 147 | | the proper authority and has not been convicted of any other felony |
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| 104 | 148 | | offense which has not been pardoned, shall have restored the right |
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| 105 | 149 | | to possess any firearm or other weapon prohibited by subsection A of |
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| 106 | 150 | | this section, the right to apply for and carry a handgun, concealed |
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| 107 | 151 | | or unconcealed, pursuant to the provisions of the Oklahoma Self - |
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| 108 | 152 | | Defense Act or as otherwise permitted by law, and have the rig ht to |
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| 109 | 153 | | perform the duties of a peace officer, gunsmith, and for firearms |
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| 110 | 154 | | repair any other profession that requires possession, carry, or |
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| 111 | 155 | | transportation of a firearm . |
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| 112 | 156 | | C. 1. Any person who: |
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| 113 | 157 | | a. has previously been convicted of a nonviolent felony, |
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| 114 | 158 | | and |
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| 115 | 159 | | b. has completed the entirety of the sentence imposed for |
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| 116 | 160 | | the offense and has had no additional misdemeanor or |
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| 117 | 161 | | felony convictions or charges pending for a period of |
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| 118 | 162 | | five (5) years since the completion of the sentence, |
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| 148 | 216 | | concealed or unconcealed, pursuant to the provisions of the Oklahoma |
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| 149 | 217 | | Self-Defense Act or as otherwise permitted by law, and shall have |
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| 150 | 218 | | the right to perform any other duty that requires possession, carry, |
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| 151 | 219 | | or transportation of a firearm. |
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| 152 | 220 | | 2. A person who has such rights restored pursuant to this |
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| 153 | 221 | | subsection shall have those rights forfeited upon conviction of a |
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| 154 | 222 | | subsequent misdemeanor or felony violation. |
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| 155 | 223 | | 3. A person convicted of any of the following nonviolent felony |
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| 156 | 224 | | offenses shall not be eligible to h ave such rights restored as |
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| 157 | 225 | | provided for in this subsection: |
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| 158 | 226 | | a. child endangerment, as provided for in Section 852.1 |
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| 159 | 227 | | of this title, |
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| 160 | 228 | | b. domestic abuse, domestic abuse of a pregnan t woman, |
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| 161 | 229 | | domestic abuse in the presence of a child, or domestic |
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| 162 | 230 | | abuse resulting in great bodily injury, as provided |
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| 163 | 231 | | for in Section 644 of this title, |
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| 164 | 232 | | c. incest, as provided for in Section 885 of this title, |
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| 165 | 233 | | d. indecent exposure, as provided for in Section 1021 of |
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| 166 | 234 | | this title, |
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| 167 | 235 | | e. sexual assault, as provided for in Section 112 of this |
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| 168 | 236 | | title, |
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| 198 | 290 | | g. violations of a protective order, as provided for in |
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| 199 | 291 | | Section 1173 of this title and Section 60.6 of Title |
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| 200 | 292 | | 22 of the Oklahoma Statutes, or |
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| 201 | 293 | | h. violations of the Sex Offenders Registration Act, as |
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| 202 | 294 | | provided for in Sections 587, 590, and 590.1 of Title |
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| 203 | 295 | | 57 of the Oklahoma Statutes. |
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| 204 | 296 | | D. It shall be unlawful for any person serving a term of |
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| 205 | 297 | | probation for any felony in a ny court of this state or of another |
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| 206 | 298 | | state or of the United States or under th e jurisdiction of any |
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| 207 | 299 | | alternative court program to have in his or her possession or under |
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| 208 | 300 | | his or her immediate control, or at his or her residence, or in any |
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| 209 | 301 | | passenger vehicle wh ich the person is operating, any pistol, |
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| 210 | 302 | | shotgun, or rifle including any imitation or homemade pistol, |
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| 211 | 303 | | altered air or toy pistol, toy shotgun , or toy rifle, while such |
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| 212 | 304 | | person is subject to supervision, probation, parole , or inmate |
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| 213 | 305 | | status. |
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| 214 | 306 | | D. E. It shall be unlawful for any person previously |
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| 215 | 307 | | adjudicated as a delinquent child or a yo uthful offender for the |
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| 216 | 308 | | commission of an offense, which would have constituted a felony |
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| 217 | 309 | | offense if committed by an adult, to have in the possession of the |
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| 218 | 310 | | person or under the imm ediate control of the person, or have in any |
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| 219 | 311 | | vehicle which he or she is driving, or at the residence of the |
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| 249 | 365 | | other dangerous or deadly firearm within ten (10) years after such |
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| 250 | 366 | | adjudication; provided, that nothing in this subsection shall be |
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| 251 | 367 | | construed to prohibit the placement of the person in a home with a |
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| 252 | 368 | | full-time duly appointed peace officer who is certified by the |
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| 253 | 369 | | Council on Law Enforcement Education and Training (CLEET) pursuant |
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| 254 | 370 | | to the provisions of Section 3311 of Title 70 of the Oklahoma |
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| 255 | 371 | | Statutes. |
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| 256 | 372 | | E. F. It shall be unlawful for any person who is an alien |
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| 257 | 373 | | illegally or unlawfully in the United States to have in the |
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| 258 | 374 | | possession of the person or under the immediate control of the |
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| 259 | 375 | | person, or in any ve hicle the person is operating, or at the |
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| 260 | 376 | | residence where the person resides, any pistol, imitation or |
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| 261 | 377 | | homemade pistol, altered air or toy pistol, shotgun, rifle , or any |
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| 262 | 378 | | other dangerous or deadly firearm; provided, that nothing in this |
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| 263 | 379 | | subsection applies to prohibit the transport or detention of the |
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| 264 | 380 | | person by law enforcement officers or federal immigration |
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| 265 | 381 | | authorities. Any person who violates the provisions of this |
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| 266 | 382 | | subsection shall, upon conviction, be guilty of a misdemeanor |
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| 267 | 383 | | punishable by a fine of Two Hun dred Fifty Dollars ($250.00). |
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| 268 | 384 | | F. G. Any person having been issued a handgun license pursuant |
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| 269 | 385 | | to the provisions of the Oklahoma Self -Defense Act and who knowingly |
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| 270 | 386 | | or intentionally allows a convicted felon or adjudicated delinquent |
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| 300 | 440 | | firearm authorized by the Oklahoma Self -Defense Act shall, upon |
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| 301 | 441 | | conviction, be guilty of a felony punishable by a fine not to exceed |
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| 302 | 442 | | Five Thousand Dollars ($5,000.00). In addition, the person shall |
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| 303 | 443 | | have the handgun license revoked by the Oklahoma State Bureau of |
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| 304 | 444 | | Investigation after a hearing and determination that the per son has |
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| 305 | 445 | | violated the provisions of this section. |
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| 306 | 446 | | G. H. Any convicted or adjudicated person violating the |
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| 307 | 447 | | provisions of this section shall, upon conviction, be guilty of a |
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| 308 | 448 | | felony punishable as provided in Section 1284 of this title. |
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| 309 | 449 | | H. I. For purposes of this section, “sawed-off shotgun”: |
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| 310 | 450 | | 1. “Sawed-off shotgun” or “sawed-off rifle” shall mean means |
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| 311 | 451 | | any shotgun or rifle of which the barrel or barrels have been |
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| 312 | 452 | | illegally shortened in length . |
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| 313 | 453 | | I. For purposes of this section, “altered toy pistol” shall |
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| 314 | 454 | | mean; |
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| 315 | 455 | | 2. “Altered-toy pistol” means any toy weapon which has been |
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| 316 | 456 | | altered from its original manufactured state to resemble a real |
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| 317 | 457 | | weapon. |
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| 318 | 458 | | J. For purposes of this section, “altered air pistol” shall |
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| 319 | 459 | | mean; |
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