Oklahoma 2025 2025 Regular Session

Oklahoma Senate Bill SB40 Introduced / Bill

Filed 12/18/2024

                     
 
 
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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   
 
 
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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.   
 
 
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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   
 
 
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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;   
 
 
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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).   
 
 
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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   
 
 
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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