34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 628 By: Gillespie of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Hildebrant of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to firearms; amending 21 O.S. 2021, |
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46 | 39 | | Section 1277, which relates to unlawful carry in |
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47 | 40 | | certain places; modifying list of places in which |
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48 | 41 | | carry is unlawful; providing an exception to certain |
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49 | 42 | | prohibited act; authorizing municipalities to allow |
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50 | 43 | | employees or public officials to carry firearms under |
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51 | 44 | | certain circumstances; providing restrictions; |
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52 | 45 | | defining term; providing construing provision; |
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53 | 46 | | providing for the public display of firearms subject |
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54 | 47 | | to policies; updating statutory language; and |
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55 | 48 | | providing an effective date. |
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56 | 49 | | |
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57 | 50 | | |
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58 | 51 | | |
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59 | 52 | | |
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60 | 53 | | |
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61 | 54 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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62 | 55 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is |
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63 | 56 | | amended to read as follows: |
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64 | 57 | | Section 1277. |
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65 | 58 | | UNLAWFUL CARRY IN CERTAIN PLACES |
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66 | 59 | | A. It shall be unlawful for any person, including a person in |
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67 | 60 | | possession of a valid handgun license issued pursuant to the |
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99 | 91 | | authority for the purpose of conducting business with the pub lic. |
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100 | 92 | | However, the governing body of a town, city, or county may authorize |
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101 | 93 | | the concealed carry of a handgun into any building or office space |
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102 | 94 | | which is owned or leased by a town, city, or county, except those |
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103 | 95 | | spaces listed in paragraph 2 of this subsection ; |
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104 | 96 | | 2. Any courthouse, courtroom, prison, jail, detention facility , |
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105 | 97 | | or any facility used to process, hold , or house arrested persons, |
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106 | 98 | | prisoners, or persons alleged delinquent or adjudicated delinquent, |
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107 | 99 | | except as provided in Section 21 of Title 57 of the Okla homa |
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108 | 100 | | Statutes; |
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109 | 101 | | 3. Any public or private elementary or public or private |
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110 | 102 | | secondary school, except as provided in subsections C and D of this |
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111 | 103 | | section; |
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112 | 104 | | 4. Any publicly owned or operated sports arena or venue during |
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113 | 105 | | a professional sporting event, unless allo wed by the event holder; |
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114 | 106 | | 5. Any place where gambling is authorized by law, unless |
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115 | 107 | | allowed by the property owner; |
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116 | 108 | | 6. Any other place specifically prohibited by law; and |
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117 | 109 | | 7. Any property set aside by a county, city, town, public trust |
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118 | 110 | | with a county, city, or town as a beneficiary, or state governmental |
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150 | 141 | | a. a metallic-style security fence that is at least eight |
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151 | 142 | | (8) feet in height that encompass es the property and |
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152 | 143 | | is secured in such a way as to deter unauthorized |
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153 | 144 | | entry, |
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154 | 145 | | b. controlled access points staffed by a uniformed, |
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155 | 146 | | commissioned peace officer, and |
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156 | 147 | | c. a metal detector whereby persons walk or otherwise |
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157 | 148 | | travel with their property through or by the metal |
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158 | 149 | | detector. |
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159 | 150 | | B. It shall be lawful for a person to carry a concealed or |
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160 | 151 | | unconcealed firearm on the following properties: |
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161 | 152 | | 1. Any property set aside for the use or parking of any |
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162 | 153 | | vehicle, whether attended or unattended, by a city, town, county, or |
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163 | 154 | | state or federal governmental authority; |
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164 | 155 | | 2. Any property set aside for the use or parking of any |
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165 | 156 | | vehicle, whether attended or unattended, wh ich is open to the |
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166 | 157 | | public, or by any entity engaged in gambling authorized by law; |
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167 | 158 | | 3. Any property adjacent to a structure, building or office |
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168 | 159 | | space in which concealed or unconcealed weapons are prohibited by |
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169 | 160 | | the provisions of this section; |
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201 | 191 | | person in possession of a concealed or unconcealed firearm into any |
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202 | 192 | | structure, building, office space , or event which is specifically |
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203 | 193 | | prohibited by the provisions of subsection A of this section; |
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204 | 194 | | 5. Any property set aside by a public or private elementary or |
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205 | 195 | | secondary school for the use or parking of any vehicle, whether |
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206 | 196 | | attended or unattended; provided, however, the firearm shall be |
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207 | 197 | | stored and hidden from view in a locked motor vehicle when the motor |
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208 | 198 | | vehicle is left unattended on school property; and |
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209 | 199 | | 6. Any public property set aside temporarily by a county, city, |
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210 | 200 | | town, public trust with a county, city , or town as a beneficiary, or |
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211 | 201 | | state governmental authority for the holder of an event permit that |
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212 | 202 | | is without minimum-security minimum security provisions, as such |
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213 | 203 | | term is defined in paragraph 7 of subsection A of this section; |
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214 | 204 | | provided, the carry of firearms within said the permitted event area |
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215 | 205 | | shall be limited to concealed carry of a handgun unless otherwise |
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216 | 206 | | authorized by the holder of the event permit. |
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217 | 207 | | Nothing contained in any provision of this subsection or |
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218 | 208 | | subsection C of this section shall be construed to authorize or |
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219 | 209 | | allow any person in control of any place described in subsection A |
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220 | 210 | | of this section to establish any policy or rule that has the effect |
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251 | 240 | | C. A concealed or unconcealed weapon may be carried onto |
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252 | 241 | | private school property or in any school bus or vehicle used by any |
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253 | 242 | | private school for transportation of students or teachers by a |
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254 | 243 | | person who is licensed pursuant to the Oklahoma Self -Defense Act, |
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255 | 244 | | provided a policy has been adopted by the governing entity of the |
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256 | 245 | | private school that authorizes the carrying and possession of a |
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257 | 246 | | weapon on private school property or in any school bus or v ehicle |
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258 | 247 | | used by a private school. Except for acts of gross negligence or |
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259 | 248 | | willful or wanton misconduct, a governing entity of a private schoo l |
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260 | 249 | | that adopts a policy which authorizes the possession of a weapon on |
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261 | 250 | | private school property, a school bus , or a vehicle used by the |
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262 | 251 | | private school shall not be subject to liability for any injuries |
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263 | 252 | | arising from the adoption of the policy. The provisions of this |
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264 | 253 | | subsection shall not apply to claims pursuant to the Administrative |
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265 | 254 | | Workers’ Compensation Act. |
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266 | 255 | | D. Notwithstanding paragraph 3 of subsection A of this section, |
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267 | 256 | | a A board of education of a school district may adopt a policy |
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268 | 257 | | pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to |
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269 | 258 | | authorize the carrying of a handgun onto school property by school |
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270 | 259 | | personnel specifically designated by the board of education, |
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271 | 260 | | provided such personnel either: |
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302 | 290 | | 2. Hold a valid reserve peace officer certification as provided |
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303 | 291 | | for in Section 3311 of Title 70 of the Oklahoma Statut es. |
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304 | 292 | | Nothing in this subsection shall be construed to restrict authority |
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305 | 293 | | granted elsewhere in law to carry firearms. |
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306 | 294 | | E. Notwithstanding the provisions of subsection A of this |
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307 | 295 | | section, on any property designated as a municipal zoo or park of |
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308 | 296 | | any size that is owned, leased, operated , or managed by: |
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309 | 297 | | 1. A public trust created pursuant to the provisions of Section |
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310 | 298 | | 176 of Title 60 of the Oklahoma Statutes; or |
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311 | 299 | | 2. A nonprofit entity, |
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312 | 300 | | an individual shall be allowed to carry a concealed handgun but not |
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313 | 301 | | openly carry a handgun on the property. |
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314 | 302 | | F. Any person violating the provisions of paragraph 2 or 3 of |
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315 | 303 | | subsection A of this section shall, upon conviction, be guilty of a |
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316 | 304 | | misdemeanor punishable by a fine not to exceed Two Hundred Fifty |
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317 | 305 | | Dollars ($250.00). A person vio lating any other provision of |
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318 | 306 | | subsection A of this section may be denied entrance onto the |
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319 | 307 | | property or removed from the property. If the person refuses to |
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320 | 308 | | leave the property and a peace officer is summoned, the person may |
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321 | 309 | | be issued a citation for an amoun t not to exceed Two Hundred Fifty |
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322 | 310 | | Dollars ($250.00). |
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353 | 340 | | law or who is carrying or in possession of a machete, blackjack, |
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354 | 341 | | loaded cane, hand chain , or metal knuckles shall be autho rized to |
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355 | 342 | | carry the firearm, machete, blackjack, loaded cane, hand chain , or |
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356 | 343 | | metal knuckles into or upon any college, university , or technology |
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357 | 344 | | center school property, except as provided in this subsection. For |
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358 | 345 | | purposes of this subsection, the following property shall not be |
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359 | 346 | | construed to be college, university , or technology center school |
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360 | 347 | | property: |
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361 | 348 | | 1. Any property set aside for the use or par king of any motor |
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362 | 349 | | vehicle, whether attended or unattended, provided the firearm, |
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363 | 350 | | machete, blackjack, loaded cane, ha nd chain, or metal knuckles are |
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364 | 351 | | carried or stored as required by law and the firearm, machete, |
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365 | 352 | | blackjack, loaded cane, hand chain , or metal knuckles are not |
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366 | 353 | | removed from the motor vehicle without the prior consent of the |
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367 | 354 | | college or university president or technology center school |
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368 | 355 | | administrator while the vehicle is on any college, university , or |
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369 | 356 | | technology center school property; |
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370 | 357 | | 2. Any property authorized for possession or use of firearms, |
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371 | 358 | | machetes, blackjacks, loaded canes, hand chains , or metal knuckles |
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372 | 359 | | by college, university , or technology center school policy; and |
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404 | 390 | | knuckles and the valid handgun license while on college, university , |
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405 | 391 | | or technology center school property. |
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406 | 392 | | The college, university , or technology center school may notify |
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407 | 393 | | the Oklahoma State Bureau of Inv estigation within ten (10) days of a |
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408 | 394 | | violation of any provision of this subsection by a licensee. Upon |
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409 | 395 | | receipt of a written notification of violation, the Bureau shall |
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410 | 396 | | give a reasonable notice to the licensee and hold a hearing. At the |
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411 | 397 | | hearing, upon a determination that the licensee has violated any |
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412 | 398 | | provision of this subsection, the licensee may be subject to an |
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413 | 399 | | administrative fine of Two Hu ndred Fifty Dollars ($250.00) and may |
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414 | 400 | | have the handgun license suspended for three (3) months. |
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415 | 401 | | Nothing contained in any provision of this subsection shall be |
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416 | 402 | | construed to authorize or allow any college, university , or |
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417 | 403 | | technology center school to establish any policy or rule that has |
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418 | 404 | | the effect of prohibiting any person in lawful possession of a |
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419 | 405 | | handgun license or any person in lawful possession of a firearm, |
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420 | 406 | | machete, blackjack, loaded cane, hand chain , or metal knuckles from |
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421 | 407 | | possession of a firearm, machete , blackjack, loaded cane, hand |
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422 | 408 | | chain, or metal knuckles in places described in paragraphs 1, 2 , and |
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423 | 409 | | 3 of this subsection. Nothing contained in any provision of this |
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455 | 440 | | H. The provisions of this section shall not apply to the |
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456 | 441 | | following: |
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457 | 442 | | 1. Any peace officer or any person authorize d by law to carry a |
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458 | 443 | | firearm in the course of employment; |
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459 | 444 | | 2. District judges, associate district judges , and special |
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460 | 445 | | district judges, who are in possession of a valid handgun license |
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461 | 446 | | issued pursuant to the provisions of the Oklahoma Self -Defense Act |
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462 | 447 | | and whose names appear on a list maintained by the Administrative |
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463 | 448 | | Director of the Courts, when acting in the course and scope of |
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464 | 449 | | employment within the courthouses of this state; |
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465 | 450 | | 3. Private investigators with a firearms authorization when |
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466 | 451 | | acting in the course an d scope of employment; |
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467 | 452 | | 4. Elected officials An elected official of a county, who are |
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468 | 453 | | is in possession of a valid ha ndgun license issued pursuant to the |
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469 | 454 | | provisions of the Oklahoma Self -Defense Act, may carry a concealed |
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470 | 455 | | handgun when acting in the performan ce of his or her duties within |
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471 | 456 | | the courthouses of the county in which he or she was elected. The |
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472 | 457 | | provisions of this paragraph shall not allow the elected county |
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473 | 458 | | official to carry the handgun into a courtroom; |
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506 | 490 | | Nothing in the Oklahoma Self -Defense Act shall prohibit the sheriff |
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507 | 491 | | from requiring additional instruction or training before granting |
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508 | 492 | | authorization to carry a concealed handgun within the courthouse. |
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509 | 493 | | The provisions of this para graph and of paragraph 6 of this |
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510 | 494 | | subsection shall not allow the county employee to carry the handgun |
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511 | 495 | | into a courtroom, sheriff’s office, adult or juvenile jail , or any |
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512 | 496 | | other prisoner detention area; and |
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513 | 497 | | 6. The board of county commissioners of any county m ay |
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514 | 498 | | authorize certain employees of the county, who possess a valid |
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515 | 499 | | handgun license issued pursuant to the provisions of the Oklahoma |
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516 | 500 | | Self-Defense Act, to carry a concealed handgun when acting in the |
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517 | 501 | | course and scope of employment on county annex facilities or grounds |
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518 | 502 | | surrounding the county courthouse. |
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519 | 503 | | I. 1. A municipality may authorize certain employees or public |
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520 | 504 | | officials of the municipality, municipal public trust, or municipal |
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521 | 505 | | authority who possess a valid handgun license issued pursuant to the |
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522 | 506 | | provisions of the Oklahoma Self -Defense Act and who have |
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523 | 507 | | successfully completed any additional training or other |
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557 | 540 | | location by the municipality, muni cipal trust, or |
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558 | 541 | | municipal authority, and |
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559 | 542 | | b. any police department, courthouse, courtroom, prison, |
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560 | 543 | | jail, detention facility, or any facility used to |
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561 | 544 | | process, hold, or house arrested persons, prisoners, |
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562 | 545 | | or persons alleged delinquent or adjudicated |
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563 | 546 | | delinquent. |
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564 | 547 | | 3. Nothing in this section shall be construed as a mechanism to |
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565 | 548 | | allow municipal employees to carry a firearm as a duty or function |
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566 | 549 | | of their employment with the municipality, municipal trust, or |
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567 | 550 | | municipal authority. |
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568 | 551 | | 4. A municipality may authorize the o pen carry of a firearm |
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569 | 552 | | inside a public building subject to policies established by the |
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570 | 553 | | municipality, municipal public trust, or municipal authority. |
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571 | 554 | | J. For the purposes of this section, “motor vehicle” means any |
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572 | 555 | | automobile, truck, minivan, sports sport utility vehicle, or |
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573 | 556 | | motorcycle, as defined in Section 1 -135 of Title 47 of the Oklahoma |
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