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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 934 By: Boren
AS INTRODUCED
An Act relating to firearms; amending 21 O.S. 2021,
Section 1273, which relates to minors possessing
firearms; stating certain criminal negl igence;
providing certain affirmative defense; authorizing
delay of arrest in certain circumstances; defining
terms; amending 23 O.S. 2021, Section 10, which
relates to recovery of damages; updating statutory
language; updating statutory reference; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1273, is
amended to read as follows:
Section 1273.
ALLOWING MINORS TO POSSESS FIREARMS
A. It shall be unlawful for any person within this state to
sell or give to any child minor any of the arms or weapons
designated in Section 1272 of this title; provided, the provisions
of this section shall not prohibit a parent of a child minor or
legal guardian of a child minor, or a person acting with the
permission of the parent of th e child minor or legal guardian of the
child minor, from giving the child minor a firearm for participation
in hunting animals or fowl, hunter safety classes, education , and
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training in the safe use and handling of firearms, target shooting,
skeet, trap, or other sporting events or competitions, except as
provided in subsection B of this section.
B. It shall be unlawful for any parent or guardian person to
intentionally, knowingl y, or recklessly permit his or her child a
minor to possess any of the arms or weapons designated in Section
1272 of this title, including any firearm, if such parent person is
aware of a substantial risk that the child minor will use the weapon
to commit a criminal offense or if the child minor has either been
adjudicated a delinquent or has been convicted as an adult for any
criminal offense that contains as an element the threat or use of
physical force against the person of another.
C. It shall be unlawful for any child minor to possess any of
the arms or weapons designated in S ection 1272 of this title, except
firearms used for participation in hunting animals or fowl, hunter
safety classes, education , and training in the safe use and handling
of firearms, target shooting, skeet, trap , or other sporting events
or competitions. Provided, this section shall not authorize the
possession of such weapons by any person who is subject to the
provisions of Section 1283 of this title.
D. It shall be criminal n egligence for a firearm owner to
permit a minor to gain access to a readily di schargeable firearm and
use it to inflict injury or death upon himself or herself or any
other person if the firearm owner:
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1. Failed to secure the firearm; or
2. Left the firearm in a place where the owner knew or should
have known the minor could gain access to the firearm.
E. Any person violating the provisions of this section shall,
upon conviction, be punished as provided in Section 1276 of this
title, and, any child minor violating the provisions of this section
shall be subject to adjudication as a delinquent.
F. It is an affirmative defense to prosecution under this
section that:
1. The firearm was stored or left in a securely locked box or
container or in a location t hat would prevent access to the firearm
by a minor;
2. The firearm was temporarily rendered inoperable by a trigger
lock or other means;
3. The minor’s access to the firearm was supervised by a person
older than eighteen (18) years of age and was for hun ting, sporting,
or other lawful purpose;
4. The minor’s access to the firearm consisted of lawful
defense of people or property by the minor;
5. Injuries resulted from an accident related to target or
sport shooting or hunting;
6. The minor’s access to the firearm was in connection to
training or service with members of the Armed Forces, National
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Guard, or state militia, or to police or other law enforcement
officers incidental to the performance of their official duties;
7. The minor’s access to the firearm was gained by unlawfully
entering property; or
8. The minor’s access to the firearm occurred during a time
when the adult firearm owner was engaged in an agricultural
enterprise.
G. A peace officer may delay the arrest of the adult firearm
owner suspected of violating the provisions of this section in order
to permit sufficient time for family to care for a deceased or
injured family member.
H. In addition, any person violating the provisions of
subsection A or B of this section shall be liable for civil damages
for any injury or death to any person and for any damage to
property, as provided in Section 10 of Title 23 of the Oklahoma
Statutes, resulting from any discharge of a firearm by the child
minor or use of any other weapon that the person had given to the
child minor or permitted the child minor to possess. Any person
convicted of violating the provisions of this section after having
been issued a handgun license pursuant to the provisions of the
Oklahoma Self-Defense Act may be liable for an administrative
violation as provided in Section 1276 of this title.
E. I. As used in this section , “child”:
1. “Minor” means a person under eighteen (18) years of age ; and
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2. “Readily dischargeable firearm ” means a firearm that is
loaded with ammunitio n, whether or not a round is in the chamber .
SECTION 2. AMENDATORY 23 O.S. 2021, Section 10, is
amended to read as follows:
Section 10. A. The state or any county, city, town, municipal
corporation or school district, or any per son, corporation, or
organization, shall be entitled to recover damages in a c ourt of
competent jurisdiction from a parent or parents of any child under
the age of eighteen (18) years when the child is living with the
parent or parents at the time of the a ct, and commits any criminal
or delinquent act resulting in bodily injury to any person or damage
to or larceny of any property, real, personal , or mixed, belonging
to the state or a county, city, town, municipal corporation, school
district, person, corpo ration, or organization. The amount of
damages awarded pursuant to this subse ction shall not exceed Two
Thousand Five Hundred Dollars ($2,500.00).
B. Any victim, or the victim ’s representative in the event of
the victim’s death, shall be entitled to reco ver damages in a court
of competent jurisdiction from any person convicted of a violation
of subsection B C of Section 1273 of Title 21 of the Oklahoma
Statutes or as otherwise allowed by law.
SECTION 3. This act shall become effective Nov ember 1, 2025.
60-1-1089 CN 1/16/2025 11:52:43 AM