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SENATE FLOOR VERSION
March 4, 2025
AS AMENDED
SENATE BILL NO. 40 By: McIntosh, Guthrie, and Kern
of the Senate
and
Steagall of the House
An Act relating to firearms; amending 21 O.S. 2021,
Section 1289.7a, which relates to transporting or
storing firearms; removing liability 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 providing 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, prope rty 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 transporting and
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storing firearms or am munition 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 oc currences 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 act ion related to the
personnel manual against a per son, 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 plaintiff.
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 Registra tion 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 con tained in any provision 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 weapons 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 that 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 storin g firearms or ammunition 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 furt her 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 from 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 worship , or business entity s hall
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 any 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 concealed or unconcealed firea rm 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 building
or structure;
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2. Any public property sports field including any adjacent
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 Olympic 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 propert y structure or building 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 subject the person to being denie d
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 firearms on the property; and
2. Refuses to leave the property and a peace officer 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 sto re,
holder of an event permit, place of worship , or business entity that
does or does not prohibit any individual, except a convicted felon,
from transporting, storing, or 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 and 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
transporting, storing, or carrying a concealed or unconcealed weapon
pursuant to subsection D of this section s hall be immune from and
not subject to any liability arising from the transporting, storing,
or 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 vehicle that is personally rented or leased by
the employee, may transport a firearm or other legal weapon in the
motor vehicle while conducting business for the business entity and
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shall not be prohibi ted from transporting such firearm or weapon by
any policy or rule of the business entity. The 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 to 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, motorcycle,
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, 20 25.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
March 4, 2025 - DO PASS AS AMENDED