Req. No. 861 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 40 By: McIntosh AS INTRODUCED An Act relating to firearms; amending 21 O.S. 2021, Section 1289.7a, which relates to transporting or storing firearms; removing liabili ty provision; prohibiting the establishment or enforcement of certain policy; removing exception and applicability provision; amending 21 O.S. 2021, Section 1290.22, which relates to the Oklahoma Self -Defense Act; clarifying certain prohibited conduct and exception; providing for the filing of a civil action; directing court to award damages and fees; providing an exception; clarifying liability provisions; allowing for the transport of firearms or legal weapons in motor vehicle; defining term; and providin g an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.7a, is amended to read as follows: Section 1289.7a. A. No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle, or from transportin g and Req. No. 861 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle. B. No person, property owner, tenant, employer, or business entity shall be liable in any civil action for occurrences which result from the storing of establish or enforce any policy or rule that prohibits any person or employee, except a convicted felon, from transporting, carrying, or storing firearms or ammunition in a locked motor vehicle on any property set aside for any motor vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms or ammunition. The provisions of this subsection shall not apply to claims pursuant to the Workers ’ Compensation Act or a motor vehicle owned, leased, or rented by the person or employee to conduct business for the business entity . C. An individual may bring a civil action to enforce this section. If a plaintiff prevails in a civil action related to the personnel manual against a person, property owner, tenant, employer , or business for a violation of this section, the court shall award actual damages, enjoin further violations of this section, and award court costs and attorney fees to the prevailing plain tiff. D. As used in this section, “motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motorcycle, motor scooter, and any other vehicle required to be registered under the Oklahoma Vehicle License and Registration Act. Req. No. 861 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.22, is amended to read as follows: Section 1290.22. BUSINESS PRIVATE PROPERTY OWNER’S RIGHTS A. Except as provided in subsections B, C , and D of this section, nothing contained in any provisi on of the Oklahoma Self - Defense Act shall be construed to limit, restrict , or prohibit in any manner the existing rights of any person, property owner, tenant, employer, liquor store, place of worship , or business entity to control the possession of weapon s on any property owned or controlled by the person or business entity. B. 1. No person, property owner, tenant, employer, liquor store, holder of an event permit, place of worship , or business entity shall be permitted to establish any policy or rule th at has the effect of prohibiting prohibits any person, except a convicted felon, from transporting and storing firearms in a locked motor vehicle on any property set aside for any motor vehicle or from transporting, carrying, or storing firearms or ammunit ion in a motor vehicle owned, leased, or rented by the person or employee while conducting business for the business entity. 2. An individual may bring a civil action to enforce the provisions of paragraph 1 of this subsection. If a plaintiff prevails in a civil action against a person, property owner, tenant, employer, liquor store, place of worship , or business entity for a Req. No. 861 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 policy or rule that violates paragraph 1 of this subsection, the court shall award actual damages, enjoin further violations of paragraph 1 of this subsection, and award court costs and attorney fees to the prevailing plaintiff. The provisions of this subsection shall not apply to claims pursuant to the Administrative Workers ’ Compensation Act. C. A property owner, tenant, employer, liquor store, place of worship, or business entity may prohibit any person f rom carrying a concealed or unconcealed firearm on the property. If the building or property is open to the public, the property owner, tenant, employer, liquor store, place of w orship, or business entity shall post signs on or about the property stating such prohibition. D. No person, property owner, tenant, employer, liquor store, holder of an event permit, place of worship , or business entity shall be permitted to establish an y policy or rule that has the effect of prohibiting any person from carrying a concealed or unconcealed firearm on property within the specific exclusion provided for in paragraph 4 of subsection B of Section 1277 of this title; provided that carrying a co ncealed or unconcealed firearm may be prohibited in the following places: 1. The portion of a public property structure or building during an event authorized by the city, town, county, state , or federal governmental authority owning or controlling such b uilding or structure; Req. No. 861 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Any public property sports field including any adja cent seating or adjacent area set aside for viewing a sporting event, where an elementary or secondary school, collegiate, or professional sporting event, or an International Olym pic Committee or organization, or any committee subordinate to the International Olympic Committee event is being held; 3. The fairgrounds during the Oklahoma State Fair or the Tulsa State Fair; and 4. The portion of a public property structure or buildi ng that is leased or under contract to a business or not -for-profit entity or group for offices. E. The otherwise lawful carrying of a concealed or unconcealed firearm by a person on property that has signs prohibiting the carrying of firearms shall subje ct the person to being denied entrance onto the property or removed from the property. If the person: 1. Has been informed by the property owner, business entity , or manager of the business that the person is in violation of a policy that prohibits firea rms on the property; and 2. Refuses to leave the property and a peace office r is summoned, the person shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00). Req. No. 861 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. A person, property owner, tenant, employer, liquor store, holder of an event permit, place of worship , or business entity that does or does not prohibit any individual, except a convicted felon, from carrying a loaded or unloaded, concealed or unconcealed weapon on property that the person, property owner, tenant, employer, liquor store, holder of an event permit, place of worship , or business entity owns, or has legal control of, is immune from shall not be subject to any liability arising from that decision. Except for acts of gross negligence or willful or wanton misconduct, an employer who does or does not prohibit his or her employees from carrying a concealed or unconcealed weapon is immune from shall not be subject to any liability arising from that decision. A person, property owner, tenant, employer, liquor store, holder of an event permit, place of worship, or business entity that does not prohibit persons from carrying a concealed or unconcealed weapon pursuant to subsection D of this section shall not be immune from subject to any liability arising from the carrying of a concealed or unconcealed weapon, while in the scope of employment, on the property or in or about a business entity motor vehicle. Any employee, using his or her own private motor vehicle or a motor vehi cle that is personally rented or leased by the employee, may transport a fire arm or other legal weapon in the motor vehicle while conducting business for the business entity and shall not be prohibited from transporting such firearm or weapon by any policy or rule of the business entity. The Req. No. 861 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provisions of this subsection shall not apply to claims pursuant to the Administrative Workers ’ Compensation Act. G. It shall not be considered part of an employee ’s job description or within the employee ’s scope of employment if an employee is allowed to carry or discharge a weapon pursuant t o this section. H. Nothing in subsections F and G of this section shall prevent an employer, employee , or person who has suffered loss resulting from the discharge of a weapon to seek redress or damages of the person who discharged the weapon or used the weapon outside the provisions of the Oklahoma Self -Defense Act. I. As used in this section, “motor vehicle” means any automobile, truck, minivan, sports utility vehicle, motorcyc le, motor scooter, and any other vehicle required to be registered under the Oklahoma Vehicle License and Registration Act. SECTION 3. This act shall become effective November 1, 2025. 60-1-861 CN 12/18/2024 9:07:32 AM