34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 742 By: Gollihare and Bullard of |
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37 | 30 | | the Senate |
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38 | 31 | | |
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39 | 32 | | and |
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40 | 33 | | |
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41 | 34 | | Harris of the House |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | |
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46 | 39 | | |
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47 | 40 | | An Act relating to firearms; amending 21 O.S. 2021, |
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48 | 41 | | Section 1277, which relates to unlawful carry in |
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49 | 42 | | certain places; modifying scope of individuals fo r |
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50 | 43 | | which lawful carry applies; updating statutory |
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51 | 44 | | language and reference; and providing an effective |
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52 | 45 | | date. |
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53 | 46 | | |
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54 | 47 | | |
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55 | 48 | | |
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56 | 49 | | |
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57 | 50 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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58 | 51 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is |
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59 | 52 | | amended to read as follows: |
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60 | 53 | | Section 1277. |
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61 | 54 | | UNLAWFUL CARRY IN CERTAIN PLACES |
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62 | 55 | | A. It shall be unlawful for any person, including a person in |
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63 | 56 | | possession of a valid handgun license issued pursuant to the |
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64 | 57 | | provisions of the Oklahoma Self -Defense Act, to carry any concealed |
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65 | 58 | | or unconcealed firearm into any of the following places: |
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96 | 88 | | 2. Any courthouse, courtroom, prison, jail, detention facility , |
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97 | 89 | | or any facility used to process, hold , or house arrested persons, |
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98 | 90 | | prisoners, or persons alleged delinquent or adjudicated delinquent, |
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99 | 91 | | except as provided in Section 21 of Title 57 of the Oklahoma |
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100 | 92 | | Statutes; |
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101 | 93 | | 3. Any public or private elementary or public or private |
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102 | 94 | | secondary school, except as provided in su bsections C and D of this |
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103 | 95 | | section; |
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104 | 96 | | 4. Any publicly owned or operated sports arena or venue during |
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105 | 97 | | a professional sporting event, unless allowed by the event holder; |
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106 | 98 | | 5. Any place where gambling is authorized by law, unless |
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107 | 99 | | allowed by the property owner; |
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108 | 100 | | 6. Any other place specifically prohibited by law; and |
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109 | 101 | | 7. Any property set aside by a county, city, town, public trust |
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110 | 102 | | with a county, city, or town as a beneficiary, or state governmental |
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111 | 103 | | authority for an event that is secured with minimum-security minimum |
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112 | 104 | | security provisions. For purposes of this paragraph, a minimum- |
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113 | 105 | | security minimum security provision consists of a location that is |
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114 | 106 | | secured utilizing the following: |
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115 | 107 | | a. a metallic-style security fence that is at least eight |
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116 | 108 | | (8) feet in height that encompasses the property and |
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146 | 137 | | b. controlled access points staffed by a uniformed, |
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147 | 138 | | commissioned peace of ficer, and |
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148 | 139 | | c. a metal detector whereby persons walk or otherwise |
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149 | 140 | | travel with their property through or by the metal |
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150 | 141 | | detector. |
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151 | 142 | | B. It shall be lawful for a person to carry a concealed or |
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152 | 143 | | unconcealed firearm on the following properties: |
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153 | 144 | | 1. Any property set aside for the use or parking of any |
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154 | 145 | | vehicle, whether attended or unattended, by a city, town, county, |
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155 | 146 | | state, or federal governmental authority; |
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156 | 147 | | 2. Any property set aside for the use or parking of any |
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157 | 148 | | vehicle, whether attended or unattended, which is open to the |
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158 | 149 | | public, or by any entity engaged in gambling authorized by law; |
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159 | 150 | | 3. Any property adjacent to a str ucture, building, or office |
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160 | 151 | | space in which concealed or unconcealed weapons are prohibited by |
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161 | 152 | | the provisions of this section; |
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162 | 153 | | 4. Any property designat ed by a city, town, county , or state |
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163 | 154 | | governmental authority as a park, recreational area, wildlife |
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164 | 155 | | refuge, wildlife management area , or fairgrounds; provided, nothing |
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165 | 156 | | in this paragraph shall be construed to authorize any entry by a |
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166 | 157 | | person in possession of a concealed or unconcealed firearm into any |
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196 | 186 | | 5. Any property set aside by a public or private elementary or |
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197 | 187 | | secondary school for the use or parking of any vehicle, whether |
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198 | 188 | | attended or unattended; provided, however, the firearm shall be |
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199 | 189 | | stored and hidden from view in a locked motor vehicle when the motor |
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200 | 190 | | vehicle is left unattended on school property; and |
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201 | 191 | | 6. Any public property set a side temporarily by a county, city, |
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202 | 192 | | town, public trust with a county, city , or town as a beneficiary, or |
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203 | 193 | | state governmental authority for the holder of an event permit that |
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204 | 194 | | is without minimum-security minimum security provisions, as such |
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205 | 195 | | term is defined in paragraph 7 of subsection A of this section; |
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206 | 196 | | provided, the carry of firearms within said the permitted event area |
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207 | 197 | | shall be limited to concealed carry of a handgun unless otherwise |
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208 | 198 | | authorized by the holder of the event permit. |
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209 | 199 | | Nothing contained in any prov ision of this subsection or |
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210 | 200 | | subsection C of this section shall be construed to authorize or |
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211 | 201 | | allow any person in control of any place described in subsection A |
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212 | 202 | | of this section to establish any policy or rule that has the effect |
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213 | 203 | | of prohibiting any person in lawful possession of a handgun license |
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214 | 204 | | or otherwise in lawful possession of a firearm from carrying or |
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215 | 205 | | possessing the firearm on the property described in this subsection. |
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216 | 206 | | C. A concealed or unconcealed weapon may be carried onto |
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217 | 207 | | private school property or in any school bus or vehicle used by any |
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247 | 236 | | provided a policy has been adopted by the governing entity of the |
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248 | 237 | | private school that authorizes the carrying and possession of a |
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249 | 238 | | weapon on private school property or in any school bus or vehicle |
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250 | 239 | | used by a private school. Except for acts of gross negligence or |
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251 | 240 | | willful or wanton misconduct, a governing entity of a private school |
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252 | 241 | | that adopts a policy which authorizes the possession of a weapon on |
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253 | 242 | | private school property, a school bus , or a vehicle used by the |
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254 | 243 | | private school shall not be subject to liability for any injuries |
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255 | 244 | | arising from the adoption of the policy. The provisions of this |
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256 | 245 | | subsection shall not apply to claims pursuant to the Administrative |
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257 | 246 | | Workers’ Compensation Act. |
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258 | 247 | | D. Notwithstanding paragraph 3 of subsection A of this section, |
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259 | 248 | | a A board of education of a school district may adopt a policy |
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260 | 249 | | pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to |
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261 | 250 | | authorize the carrying of a handgun onto school property by school |
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262 | 251 | | personnel specifically designated by the board of education, |
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263 | 252 | | provided such personnel either: |
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264 | 253 | | 1. Possess a valid armed security guard license as provided for |
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265 | 254 | | in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes the |
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266 | 255 | | Oklahoma Security Guard and Private Investigator Act ; or |
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267 | 256 | | 2. Hold a valid reserve peace officer certification as provided |
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268 | 257 | | for in Section 3311 of Title 70 of the Oklahoma Statutes. |
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298 | 286 | | E. Notwithstanding the provisions of subsection A of this |
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299 | 287 | | section, on any property designated as a municipal zoo or park of |
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300 | 288 | | any size that is owned, lea sed, operated, or managed by: |
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301 | 289 | | 1. A public trust created pursuant to the provisions of Section |
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302 | 290 | | 176 of Title 60 of the Oklahoma Statutes; or |
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303 | 291 | | 2. A nonprofit entity, |
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304 | 292 | | an individual shall be allowed to carry a concealed handgun but not |
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305 | 293 | | openly carry a handgun o n the property. |
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306 | 294 | | F. Any person violating the provisions of paragraph 2 or 3 of |
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307 | 295 | | subsection A of this secti on shall, upon conviction, be guilty of a |
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308 | 296 | | misdemeanor punishable by a fine not to exceed Two Hundred Fifty |
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309 | 297 | | Dollars ($250.00). A person violating any o ther provision of |
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310 | 298 | | subsection A of this section may be denied entrance onto the |
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311 | 299 | | property or removed from the property. If the person refuses to |
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312 | 300 | | leave the property and a peace officer is summoned, the person may |
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313 | 301 | | be issued a citation for an amount not to exc eed Two Hundred Fifty |
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314 | 302 | | Dollars ($250.00). |
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315 | 303 | | G. No person in possession of a valid handgun license issued |
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316 | 304 | | pursuant to the provisions of the Oklahoma Self -Defense Act or who |
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317 | 305 | | is carrying or in possession of a firearm as otherwise permitted by |
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318 | 306 | | law or who is carrying or in possession of a machete, blackjack, |
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319 | 307 | | loaded cane, hand chain , or metal knuckles shall be authorized to |
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349 | 336 | | center school property, except as provided in this subsection. For |
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350 | 337 | | purposes of this subsection, the following pro perty shall not be |
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351 | 338 | | construed to be college, university , or technology center school |
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352 | 339 | | property: |
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353 | 340 | | 1. Any property set aside for the use or parking of any motor |
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354 | 341 | | vehicle, whether attended or unattended, provided the firearm, |
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355 | 342 | | machete, blackjack, loaded cane, hand chain , or metal knuckles are |
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356 | 343 | | carried or stored as required by law and the firearm, machete, |
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357 | 344 | | blackjack, loaded cane, hand chain , or metal knuckles are not |
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358 | 345 | | removed from the motor vehicle without the prior consent of the |
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359 | 346 | | college or university president or t echnology center school |
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360 | 347 | | administrator while the vehicle is on any college, university , or |
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361 | 348 | | technology center school property; |
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362 | 349 | | 2. Any property authorize d for possession or use of firearms, |
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363 | 350 | | machetes, blackjacks, loaded canes, hand chains , or metal knuckles |
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364 | 351 | | by college, university , or technology center school policy; and |
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365 | 352 | | 3. Any property authorized by the written consent of the |
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366 | 353 | | college or university presiden t or technology center school |
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367 | 354 | | administrator, provided the written consent is carried with the |
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368 | 355 | | firearm, machete, blackjack, loaded cane, hand chain , or metal |
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369 | 356 | | knuckles and the valid handgun license while on college, university , |
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370 | 357 | | or technology center school pr operty. |
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400 | 386 | | violation of any provision of this subsection by a licensee. Upon |
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401 | 387 | | receipt of a written notification of violation, the Bureau shall |
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402 | 388 | | give a reasonable notice to the licensee and hold a hearing. At the |
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403 | 389 | | hearing, upon a determination that the licensee has violated any |
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404 | 390 | | provision of this subsection, the licensee may be subject to an |
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405 | 391 | | administrative fine of Two Hundred Fifty Dollars ($250.00) and may |
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406 | 392 | | have the handgun license suspended for three (3) months. |
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407 | 393 | | Nothing contained in any provision of this subsection shall be |
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408 | 394 | | construed to authorize or allow any college, university , or |
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409 | 395 | | technology center school to establish any policy o r rule that has |
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410 | 396 | | the effect of prohibiting any person in lawful possession of a |
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411 | 397 | | handgun license or any per son in lawful possession of a firearm, |
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412 | 398 | | machete, blackjack, loaded cane, hand chain , or metal knuckles from |
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413 | 399 | | possession of a firearm, machete, blackjack, loaded cane, hand |
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414 | 400 | | chain, or metal knuckles in places described in paragraphs 1, 2 , and |
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415 | 401 | | 3 of this subsection. Nothing contained in any provision of this |
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416 | 402 | | subsection shall be construed to limit the authority of any college, |
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417 | 403 | | university, or technology center school in this state from taking |
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418 | 404 | | administrative action against any student for any violation of any |
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419 | 405 | | provision of this subsection. |
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420 | 406 | | H. The provisions of this section shall not apply to the |
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421 | 407 | | following: |
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451 | 436 | | 2. District judges, associate district judges , and special |
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452 | 437 | | district judges, Judges of the Court of Civil Appeals, Judges of the |
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453 | 438 | | Court of Criminal Appeals, or Justices of the Supreme Court who are |
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454 | 439 | | in possession of a valid handgun license issued pursuant to the |
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455 | 440 | | provisions of the Oklahoma Self -Defense Act and whose n ames appear |
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456 | 441 | | on a list maintained by the Administrative Director of the Courts, |
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457 | 442 | | when acting in the course and scope of employment within the |
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458 | 443 | | courthouses of this state; |
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459 | 444 | | 3. Private investigators with a firearms authorization when |
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460 | 445 | | acting in the course and scope of employment; |
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461 | 446 | | 4. Elected officials An elected official of a county, who are |
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462 | 447 | | is in possession of a valid handgun license issued pursuant to the |
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463 | 448 | | provisions of the Oklahoma Self -Defense Act, may carry a concealed |
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464 | 449 | | handgun when acting in the performance of his or her duties within |
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465 | 450 | | the courthouses of the county in which he or she was elected. The |
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466 | 451 | | provisions of this paragraph shall not allow the elected c ounty |
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467 | 452 | | official to carry the handgun into a courtroom; |
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468 | 453 | | 5. The sheriff of any county may authorize certain employees of |
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469 | 454 | | the county, who possess a valid handgun license issued pursuant to |
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470 | 455 | | the provisions of the Oklahoma Self -Defense Act, to carry a |
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471 | 456 | | concealed handgun when acting in the course and scope of employment |
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472 | 457 | | within the courthouse in the county in which th e person is employed. |
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502 | 486 | | authorization to carry a concealed handgun within the courthouse. |
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503 | 487 | | The provisions of this paragraph and of paragraph 6 of this |
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504 | 488 | | subsection shall not allow the county employee to carry the handgun |
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505 | 489 | | into a courtroom, sheriff ’s office, adult or juvenile j ail, or any |
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506 | 490 | | other prisoner detention area; and |
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507 | 491 | | 6. The board of county commissioners of any county may |
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508 | 492 | | authorize certain employees of the county, who possess a valid |
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509 | 493 | | handgun license issued pursuant to the provisions of the Oklahoma |
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510 | 494 | | Self-Defense Act, to carry a concealed handgun when acting in the |
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511 | 495 | | course and scope of employment on county annex facilities or grounds |
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512 | 496 | | surrounding the county courthouse. |
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513 | 497 | | I. For the purposes of this section, “motor vehicle” means any |
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514 | 498 | | automobile, truck, minivan, sports utility veh icle, or motorcycle, |
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515 | 499 | | as defined in Section 1 -135 of Title 47 of the Oklahoma Statutes, |
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516 | 500 | | equipped with a locked accessory container within or affixed to the |
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517 | 501 | | motorcycle. |
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518 | 502 | | SECTION 2. This act shall become effective November 1, 2025. |
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519 | 503 | | |
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