| 42 | 64 | | |
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| 43 | 65 | | An Act relating to firearms; amending 21 O.S. 2021, |
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| 44 | 66 | | Sections 1272 and 1277, which relate to unlawful |
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| 45 | 67 | | carry of firearms; authorizing licensed first |
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| 46 | 68 | | responders to carry while performing official duties ; |
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| 47 | 69 | | authorizing certain agreements; defining term; |
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| 48 | 70 | | excluding voluntary first responders; updating |
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| 49 | 71 | | statutory language and references; and providing an |
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| 50 | 72 | | effective date. |
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| 51 | 73 | | |
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| 52 | 74 | | |
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| 53 | 75 | | |
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| 54 | 76 | | |
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| 55 | 77 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 56 | 78 | | SECTION 1. AMENDATORY 21 O.S. 2021, Section 1272, is |
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| 57 | 79 | | amended to read as follows: |
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| 58 | 80 | | Section 1272. |
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| 59 | 81 | | UNLAWFUL CARRY |
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| 60 | 82 | | A. Notwithstanding any other provision of law, it shall be |
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| 61 | 83 | | unlawful for any person to carry upon or about his or her person, or |
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| 62 | 84 | | in a purse or other container belonging to the person, any pistol, |
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| 63 | 85 | | revolver, shotgun, or rifle, whether loaded or unloaded , or any |
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| 64 | 86 | | blackjack, loaded cane, hand chain, metal knuckles, or any other |
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| 94 | 140 | | 1. The proper use of guns and knives for self -defense, hunting, |
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| 95 | 141 | | fishing, or educational or recreational purposes; |
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| 96 | 142 | | 2. The carrying or use of weapons in a manner o therwise |
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| 97 | 143 | | permitted by statute or authorized by the Oklahoma Self -Defense Act; |
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| 98 | 144 | | 3. The carrying, possession , and use of any weapon by a peace |
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| 99 | 145 | | officer or other person authorized by law to carry a weapon in the |
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| 100 | 146 | | performance of official duties and in compliance with the rules of |
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| 101 | 147 | | the employing agency; |
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| 102 | 148 | | 4. The carrying, possession, and use of a handgun by a first |
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| 103 | 149 | | responder who possesses a valid handgun license issued pursuant to |
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| 104 | 150 | | the provisions of the Oklahoma Self -Defense Act and who is acting in |
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| 105 | 151 | | the course and scope of employment and in compliance with the rules |
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| 106 | 152 | | of the employing agency on any public or private property in this |
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| 107 | 153 | | state. For a first responder to carry, possess, or use a handgun on |
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| 108 | 154 | | trust land of a federally recognized Indian tribe, a political |
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| 109 | 155 | | subdivision may enter into intergovernmental cooperative agreements |
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| 110 | 156 | | with a federally recognized Indian tribe as authorized by Section |
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| 111 | 157 | | 1221 of Title 74 of the Oklahoma Statutes. Any intergovernmental |
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| 112 | 158 | | cooperative agreement entered into between a political subdivis ion |
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| 113 | 159 | | and a federally recognized Indian tribe related to first responder |
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| 114 | 160 | | services shall be agreed upon before a first responder carries, |
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| 115 | 161 | | possesses, or uses a handgun on such trust land. As provided in |
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| 145 | 215 | | of the Oklahoma Statutes but shall not include a voluntary first |
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| 146 | 216 | | responder; |
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| 147 | 217 | | 5. The carrying or use of weapons in a courthouse by a district |
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| 148 | 218 | | judge, associate district judge , or special district judge within |
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| 149 | 219 | | this state, who is in possession of a valid handgun license issued |
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| 150 | 220 | | pursuant to the provisions of the Oklahoma Self -Defense Act and |
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| 151 | 221 | | whose name appears on a list maintained by the Administrative |
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| 152 | 222 | | Director of the Courts; |
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| 153 | 223 | | 5. 6. The carrying and use of firearms and other weapons |
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| 154 | 224 | | provided in this subsection w hen used for the purpose of living |
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| 155 | 225 | | history reenactment. For purposes of this paragraph, “living |
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| 156 | 226 | | history reenactment” means depiction of historical characters, |
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| 157 | 227 | | scenes, historical life, or events for entertainment, education, or |
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| 158 | 228 | | historical documentation through the wearing or use of period, |
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| 159 | 229 | | historical, antique, or vintage clothing, accessories, firearms, |
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| 160 | 230 | | weapons, and other implements of the historical period; or |
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| 161 | 231 | | 6. 7. The transporting by vehicle on a public roadway or the |
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| 162 | 232 | | carrying of a firearm, concealed or unconcealed, loaded or unloaded, |
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| 163 | 233 | | by a person who is twenty -one (21) years of age or older or by a |
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| 164 | 234 | | person who is eighteen (18) years of age but not yet twenty -one (21) |
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| 165 | 235 | | years of age and the person is a member or veteran of the United |
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| 166 | 236 | | States Armed Forces, Reserves , or National Guard or was discharged |
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| 196 | 290 | | disqualified from the possession or purchase of a firearm under |
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| 197 | 291 | | state or federal law an d is not carrying the firearm in furtherance |
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| 198 | 292 | | of a crime. |
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| 199 | 293 | | Except as provided in subsection B of Section 1283 of this |
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| 200 | 294 | | title, a person who has been convicted of any one of the follo wing |
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| 201 | 295 | | offenses in this state or a violation of the equivalent law of |
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| 202 | 296 | | another state: |
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| 203 | 297 | | a. assault and battery pursuant to the provisions of |
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| 204 | 298 | | Section 644 of this title which caused serious |
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| 205 | 299 | | physical injury to the victim, |
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| 206 | 300 | | b. aggravated assault and battery pursuant to the |
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| 207 | 301 | | provisions of Section 646 of this title, |
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| 208 | 302 | | c. assault and battery that q ualifies as domestic abuse |
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| 209 | 303 | | as defined in Section 644 of this title, |
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| 210 | 304 | | d. stalking pursuant to the provisions of Section 1173 of |
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| 211 | 305 | | this title, |
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| 212 | 306 | | e. a violation of an order issued under the Protection |
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| 213 | 307 | | from Domestic Abuse Act or a domestic abuse protection |
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| 214 | 308 | | order issued by another state, or |
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| 215 | 309 | | f. a violation relating to illegal drug use or possession |
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| 216 | 310 | | under the provisions of the Uniform Controlled |
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| 217 | 311 | | Dangerous Substances Act, |
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| 247 | 365 | | manner provided for in this paragraph subsection shall be prohibited |
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| 248 | 366 | | from carrying the firearm into any of the places prohibited in |
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| 249 | 367 | | subsection A of Section 1277 of this title or any other place |
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| 250 | 368 | | currently prohibited by law. Nothing in this section shall modify |
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| 251 | 369 | | or otherwise change where a person may legally carry a firearm. |
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| 252 | 370 | | B. Any person convicted of violating the foregoing provision |
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| 253 | 371 | | shall be guilty of a misdemeanor punishable as provided in Section |
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| 254 | 372 | | 1276 of this title. |
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| 255 | 373 | | SECTION 2. AMENDATORY 21 O.S. 2021, Section 1277, is |
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| 256 | 374 | | amended to read as follows: |
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| 257 | 375 | | Section 1277. |
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| 258 | 376 | | UNLAWFUL CARRY IN CERTAIN PLACES |
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| 259 | 377 | | A. It shall be unlawful for any person, including a person in |
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| 260 | 378 | | possession of a valid handgun license issued pursuant to the |
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| 261 | 379 | | provisions of the Oklahoma Self -Defense Act, to carry any concealed |
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| 262 | 380 | | or unconcealed firearm into any of the following places: |
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| 263 | 381 | | 1. Any structure, building, or office space which is owned or |
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| 264 | 382 | | leased by a city, town, county, state , or federal governmental |
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| 265 | 383 | | authority for the purpose of conducting business with the public; |
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| 266 | 384 | | 2. Any courthouse, courtroom, prison, jail, detention facility , |
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| 267 | 385 | | or any facility used to process , hold, or house arrested persons, |
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| 268 | 386 | | prisoners, or persons alleged delinquent or adjudicated delinquent, |
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| 298 | 440 | | 3. Any public or private elementary or public or private |
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| 299 | 441 | | secondary school, except as provided in subsections C and D of this |
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| 300 | 442 | | section; |
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| 301 | 443 | | 4. Any publicly owned or operated sports arena or venue during |
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| 302 | 444 | | a professional sporting event, unless allowed by the event holder; |
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| 303 | 445 | | 5. Any place where gambling is authorized by law, unless |
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| 304 | 446 | | allowed by the property owner; |
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| 305 | 447 | | 6. Any other place specifically prohibited by law; and |
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| 306 | 448 | | 7. Any property set aside by a county, city, town, public trust |
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| 307 | 449 | | with a county, city, or town as a beneficiary, or state governmental |
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| 308 | 450 | | authority for an event that is secured with minim um-security |
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| 309 | 451 | | provisions. For purposes of this paragraph, a minimum -security |
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| 310 | 452 | | provision consists of a location that is secured utilizing the |
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| 311 | 453 | | following: |
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| 312 | 454 | | a. a metallic-style security fence that is at least eight |
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| 313 | 455 | | (8) feet in height that encompasses the property and |
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| 314 | 456 | | is secured in such a way as to deter unauthorized |
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| 315 | 457 | | entry, |
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| 316 | 458 | | b. controlled access points staffed by a uniformed, |
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| 317 | 459 | | commissioned peace officer, and |
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| 348 | 514 | | B. It shall be lawful for a person to carry a concealed or |
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| 349 | 515 | | unconcealed firearm on the following properties: |
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| 350 | 516 | | 1. Any property set aside for the use or parking of any |
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| 351 | 517 | | vehicle, whether attended or unattended, by a city, town, county, |
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| 352 | 518 | | state, or federal governmental authority; |
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| 353 | 519 | | 2. Any property set aside for the use or parking of any |
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| 354 | 520 | | vehicle, whether attended or unattended, which is open to the |
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| 355 | 521 | | public, or by any entity engaged in gambling authorized by law; |
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| 356 | 522 | | 3. Any property adjacent to a structure, building , or office |
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| 357 | 523 | | space in which concealed or unconcealed weapons are prohibited by |
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| 358 | 524 | | the provisions of this section; |
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| 359 | 525 | | 4. Any property designated by a city, town, county , or state |
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| 360 | 526 | | governmental authority as a park, recreational area, wildlife |
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| 361 | 527 | | refuge, wildlife manag ement area, or fairgrounds; provided, nothing |
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| 362 | 528 | | in this paragraph shall be construed to authorize any entry by a |
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| 363 | 529 | | person in possession of a concealed or unconcealed firearm into any |
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| 364 | 530 | | structure, building, office space , or event which is specifically |
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| 365 | 531 | | prohibited by the provisions of subsection A of this section; |
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| 366 | 532 | | 5. Any property set aside by a public or private elementary or |
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| 367 | 533 | | secondary school for the use or parking of any vehicle, whether |
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| 368 | 534 | | attended or unattended; provided, however, the firearm shall be |
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| 398 | 588 | | 6. Any public property set aside temporarily by a county, city, |
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| 399 | 589 | | town, public trust with a county, city , or town as a beneficiary, or |
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| 400 | 590 | | state governmental authority for the holder of an event permit that |
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| 401 | 591 | | is without minimum-security provisions, as such term is defined in |
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| 402 | 592 | | paragraph 7 of subsection A of this section; provided, the carry of |
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| 403 | 593 | | firearms within said such permitted event area shall be limited to |
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| 404 | 594 | | concealed carry of a handgun unless otherwise authorized by the |
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| 405 | 595 | | holder of the event permit. |
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| 406 | 596 | | Nothing contained in any provision of this subsection or |
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| 407 | 597 | | subsection C of this section shall be construed to authorize or |
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| 408 | 598 | | allow any person in control of any place des cribed in subsection A |
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| 409 | 599 | | of this section to establish any policy or rule that ha s the effect |
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| 410 | 600 | | of prohibiting any person in lawful possession of a handgun license |
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| 411 | 601 | | or otherwise in lawful possession of a firearm from carrying or |
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| 412 | 602 | | possessing the firearm on the pro perty described in this subsection. |
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| 413 | 603 | | C. A concealed or unconcealed weapon may be carried onto |
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| 414 | 604 | | private school property or in any school bus or vehicle used by any |
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| 415 | 605 | | private school for transportation of students or teachers by a |
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| 416 | 606 | | person who is licensed pursuant to the Oklahoma Self -Defense Act, |
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| 417 | 607 | | provided a policy has been adopted by the g overning entity of the |
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| 418 | 608 | | private school that authorizes the carrying and possession of a |
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| 419 | 609 | | weapon on private school property or in any school bus or vehicle |
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| 449 | 663 | | that adopts a policy which authorizes the possession of a weapon on |
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| 450 | 664 | | private school property, a school bus or vehicle used by the private |
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| 451 | 665 | | school shall not be subject to liability for any injuries arising |
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| 452 | 666 | | from the adoption of the policy. The provisions of this subsection |
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| 453 | 667 | | shall not apply to claims pursuant to the Administrative Workers ’ |
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| 454 | 668 | | Compensation Act. |
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| 455 | 669 | | D. Notwithstanding paragraph 3 of subsection A of this section, |
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| 456 | 670 | | a 1. A board of education of a school district may adopt a policy |
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| 457 | 671 | | pursuant to Section 5 -149.2 of Title 70 of the Oklahoma Statutes to |
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| 458 | 672 | | authorize the carrying of a handgun onto school property by school |
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| 459 | 673 | | personnel specifically designated by the board of education, |
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| 460 | 674 | | provided such personnel either: |
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| 461 | 675 | | 1. Possess |
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| 462 | 676 | | a. possesses a valid armed security guard license as |
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| 463 | 677 | | provided for in Section 1750.1 et seq. of Title 59 of |
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| 464 | 678 | | the Oklahoma Statutes ;, or |
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| 465 | 679 | | 2. Hold |
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| 466 | 680 | | b. holds a valid reserve peace officer certif ication as |
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| 467 | 681 | | provided for in Section 3311 of Title 70 of the |
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| 468 | 682 | | Oklahoma Statutes. |
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| 469 | 683 | | 2. A first responder , as defined in subparagraph 4 of |
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| 470 | 684 | | subsection A of Section 1272 of this title, acting in the course and |
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| 499 | 737 | | pursuant to the provisions of the Oklahoma Self -Defense Act may |
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| 500 | 738 | | openly carry a handgun onto school property. |
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| 501 | 739 | | Nothing in this subsection shall be construed to restrict authority |
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| 502 | 740 | | granted elsewhere in law to carry firearms. |
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| 503 | 741 | | E. Notwithstanding the provisions of subsection A of this |
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| 504 | 742 | | section, on any property designated as a municipal zoo or park of |
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| 505 | 743 | | any size that is owned, leased, operated , or managed by: |
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| 506 | 744 | | 1. A public trust created pursuant to the provisions of Section |
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| 507 | 745 | | 176 of Title 60 of the Oklahoma S tatutes; or |
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| 508 | 746 | | 2. A nonprofit entity, |
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| 509 | 747 | | an individual shall be allowed to carry a concealed handgun but not |
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| 510 | 748 | | openly carry a handgun on the property. A first responder acting in |
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| 511 | 749 | | the course and scope of employment who possesses a valid handgun |
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| 512 | 750 | | license issued pursuant to the provisions of the Oklahoma Self - |
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| 513 | 751 | | Defense Act may openly carry a handgun onto such property. |
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| 514 | 752 | | F. Any person violating the provisions of paragraph 2 or 3 of |
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| 515 | 753 | | subsection A of this section shall, upon conviction, be guilty of a |
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| 516 | 754 | | misdemeanor punishabl e by a fine not to exceed Two Hundred Fifty |
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| 517 | 755 | | Dollars ($250.00). A person viola ting any other provision of |
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| 518 | 756 | | subsection A of this section may be denied entrance onto the |
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| 519 | 757 | | property or removed from the property. If the person refuses to |
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| 520 | 758 | | leave the property and a peace officer is summoned, the person may |
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| 550 | 812 | | G. No Except for a first responder acting in the course and |
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| 551 | 813 | | scope of employment, no person in possession of a valid handgun |
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| 552 | 814 | | license issued pursuant to the provisions of the Oklahoma Self - |
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| 553 | 815 | | Defense Act or who is carrying or in possession of a firearm as |
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| 554 | 816 | | otherwise permitted by law or who is carrying or in possession of a |
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| 555 | 817 | | machete, blackjack, loaded cane, hand chain , or metal knuckles shall |
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| 556 | 818 | | be authorized to carry the firearm, machete, blackjack, loaded cane, |
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| 557 | 819 | | hand chain, or metal knuckles into or upon any college, university , |
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| 558 | 820 | | or technology center school property, except as provided in this |
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| 559 | 821 | | subsection. For purposes of this subsection, th e following property |
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| 560 | 822 | | shall not be construed to be college, university , or technology |
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| 561 | 823 | | center school property: |
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| 562 | 824 | | 1. Any property set aside for the use or parking of any motor |
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| 563 | 825 | | vehicle, whether attended or unattended, provided the firearm, |
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| 564 | 826 | | machete, blackjack, l oaded cane, hand chain , or metal knuckles are |
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| 565 | 827 | | carried or stored as required by law and the firearm, machete, |
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| 566 | 828 | | blackjack, loaded cane, hand chain , or metal knuckles are not |
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| 567 | 829 | | removed from the motor vehicle without the prior consent of the |
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| 568 | 830 | | college or university president or technology center school |
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| 569 | 831 | | administrator while the vehicle is on a ny college, university , or |
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| 570 | 832 | | technology center school property; |
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| 601 | 887 | | 3. Any property authorized by the written consent of the |
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| 602 | 888 | | college or university president or technology center school |
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| 603 | 889 | | administrator, provided the written consent is carried with the |
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| 604 | 890 | | firearm, machete, blackjack, loaded cane, hand chain , or metal |
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| 605 | 891 | | knuckles and the valid handgun license while on college, university , |
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| 606 | 892 | | or technology center school property. |
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| 607 | 893 | | The college, university , or technology center school may notify |
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| 608 | 894 | | the Oklahoma State Bureau of Investigation within ten (10) days of a |
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| 609 | 895 | | violation of any provision of this subsection by a licensee. Upon |
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| 610 | 896 | | receipt of a written notification of violation, the Bureau shall |
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| 611 | 897 | | give a reasonable notice to the licensee and hold a hearing. At the |
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| 612 | 898 | | hearing, upon a determination that the licensee has violated any |
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| 613 | 899 | | provision of this subsection, the licensee may be subject to an |
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| 614 | 900 | | administrative fine of Two Hundred Fifty Dollars ($250.00) and may |
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| 615 | 901 | | have the handgun license suspended for three (3) months. |
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| 616 | 902 | | Nothing contained in any provision of this subsection shall be |
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| 617 | 903 | | construed to authorize or allow any college, university , or |
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| 618 | 904 | | technology center school to establish any policy or rule that has |
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| 619 | 905 | | the effect of prohibiting any person in lawful possession of a |
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| 620 | 906 | | handgun license or any person in lawful possession of a firearm, |
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| 621 | 907 | | machete, blackjack, load ed cane, hand chain, or metal knuckles from |
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| 652 | 962 | | subsection shall be construed to limit the authority of any college, |
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| 653 | 963 | | university, or technology center school in this state from taking |
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| 654 | 964 | | administrative action against any student for any violati on of any |
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| 655 | 965 | | provision of this subsection. |
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| 656 | 966 | | H. The provisions of this section sha ll not apply to the |
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| 657 | 967 | | following: |
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| 658 | 968 | | 1. Any peace officer or any person authorized by law to carry a |
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| 659 | 969 | | firearm in the course of employment; |
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| 660 | 970 | | 2. District judges, associate district judge s, and special |
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| 661 | 971 | | district judges, who are in possession of a valid handgun license |
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| 662 | 972 | | issued pursuant to the provisions of the Oklahoma Self -Defense Act |
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| 663 | 973 | | and whose names appear on a list maintained by the Administrative |
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| 664 | 974 | | Director of the Courts, when acting in the course and scope of |
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| 665 | 975 | | employment within the courthouses of this state; |
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| 666 | 976 | | 3. Private investigators with a firearms authorization when |
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| 667 | 977 | | acting in the course and scope of employment; |
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| 668 | 978 | | 4. Elected officials An elected official of a county, who are |
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| 669 | 979 | | is in possession of a valid handgun license issued pursuant to the |
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| 670 | 980 | | provisions of the Oklahoma Self -Defense Act, may carry a concealed |
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| 671 | 981 | | handgun when acting in the performance of his or her duties within |
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| 672 | 982 | | the courthouses of the county in which he or she was elected. The |
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| 702 | 1036 | | 5. The sheriff of any county may authorize certain employees of |
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| 703 | 1037 | | the county, who possess a valid handgun license issued pursuant to |
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| 704 | 1038 | | the provisions of the Oklahoma Self-Defense Act, to carry a |
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| 705 | 1039 | | concealed handgun when acting in the course and scope of employment |
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| 706 | 1040 | | within the courthouse in the county in which the person is employed. |
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| 707 | 1041 | | Nothing in the Oklahoma Self -Defense Act shall prohibit the sheriff |
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| 708 | 1042 | | from requiring additional instruction or training before granting |
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| 709 | 1043 | | authorization to carry a concealed handgun within the courthouse. |
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| 710 | 1044 | | The provisions of this paragraph and of paragraph 6 of this |
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| 711 | 1045 | | subsection shall not allow the county employee to carry the handgun |
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| 712 | 1046 | | into a courtroom, sheriff ’s office, adult or juvenile jail or any |
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| 713 | 1047 | | other prisoner detention area; and |
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| 714 | 1048 | | 6. The board of county commissioners of any county may |
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| 715 | 1049 | | authorize certain employees of the county, who possess a valid |
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| 716 | 1050 | | handgun license issued pursuant to th e provisions of the Oklahoma |
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| 717 | 1051 | | Self-Defense Act, to carry a concealed handgun wh en acting in the |
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| 718 | 1052 | | course and scope of employment on county annex facilities or grounds |
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| 719 | 1053 | | surrounding the county courthouse ; and |
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| 720 | 1054 | | 7. A first responder who possesses a valid handgun l icense |
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| 721 | 1055 | | issued pursuant to the provisions of the Oklahoma Self -Defense Act |
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| 722 | 1056 | | who carries a handgun when acting in the course and scope of |
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| 723 | 1057 | | employment. |
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