STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 2134	By:	Steele

AS INTRODUCED

An Act relating to firearms; amending 21 O.S. 2001, Sections 1272, as last amended by Section 1, Chapter 128, O.S.L. 2007 and 1277, as amended by Section 2, Chapter 128, O.S.L. 2007 (21 O.S. Supp. 2010, Sections 1272 and 1277), which relate to unlawful carry of firearms; making certain acts unlawful; providing exception; clarifying certain exception; clarifying elements of certain prohibited act; amending 21 O.S. 2001, Sections 1290.2, 1290.8, as amended by Section 6, Chapter 465, O.S.L. 2003, 1290.11, as amended by Section 3, Chapter 62, O.S.L. 2006, 1290.22, as amended by Section 2, Chapter 39, O.S.L. 2004 and 1290.26, as amended by Section 9, Chapter 465, O.S.L. 2003 (21 O.S. Supp. 2010, Sections 1290.8, 1290.11, 1290.22 and 1290.26), which relate to the Oklahoma Self-Defense Act; modifying definition of concealed handgun; modifying punishment for certain prohibited act; modifying temporary preclusion conditions for handgun licenses; authorizing private property owners to prohibit certain conduct; requiring private property owners to post certain signs; making certain conduct subject to removal from property; providing for the issuance of citations; modifying manner in which a firearm may be carried; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2001, Section 1272, as last amended by Section 1, Chapter 128, O.S.L. 2007 (21 O.S. Supp. 2010, Section 1272), is amended to read as follows:
Section 1272.  
UNLAWFUL CARRY
A.  It shall be unlawful for:
1.  For any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except; or
2.  For any person with a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act to intentionally fail to conceal the handgun; provided, however, a concealed handgun licensee shall not be in violation of this section if the licensee exposes the handgun in a reasonable manner when attempting to store the handgun in the trunk of a motor vehicle or other storage compartment of the motor vehicle.
B.  The provisions of this section shall not prohibit:
1.  The proper use of guns and knives for hunting, fishing, educational or recreational purposes;
2.  The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the carrying, possession and use of a concealed handgun by any person who has a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act;
3.  The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;
4.  The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts; or
5.  The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment.  For purposes of this paragraph, “living history reenactment” means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period.
B. C.  Any person convicted of violating the foregoing provision shall be guilty of a misdemeanor punishable as provided in Section 1276 of this title.
SECTION 2.     AMENDATORY     21 O.S. 2001, Section 1277, as amended by Section 2, Chapter 128, O.S.L. 2007 (21 O.S. Supp. 2010, Section 1277), is amended to read as follows:
Section 1277.  
UNLAWFUL CARRY IN CERTAIN PLACES
A.  It shall be unlawful for any person in possession of a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act to intentionally, knowingly or recklessly carry any concealed handgun into any of the following places:
1.  Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;
2.  Any meeting of any city, town, county, state or federal officials, school board members, legislative members, or any other elected or appointed officials;
3.  Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent;
4.  Any elementary or secondary school, or technology center school property;
5.  Any sports arena during a professional sporting event;
6.  Any place where pari-mutuel wagering is authorized by law; and
7.  Any other place specifically prohibited by law.
B.  For purposes of paragraphs 1, 2, 3, 5 and 6 of subsection A of this section, the prohibited place does not include and specifically excludes the following property:
1.  Any property set aside for the use of any vehicle, whether attended or unattended, by a city, town, county, state, or federal governmental authority;
2.  Any property set aside for the use of any vehicle, whether attended or unattended, by any entity offering any professional sporting event which is open to the public for admission, or by any entity engaged in pari-mutuel wagering authorized by law;
3.  Any property adjacent to a structure, building, or office space in which concealed weapons are prohibited by the provisions of this section; and
4.  Any property designated by a city, town, county, or state, governmental authority as a park, recreational area, or fairgrounds; provided, nothing in this paragraph shall be construed to authorize any entry by a person in possession of a concealed handgun into any structure, building, or office space which is specifically prohibited by the provisions of subsection A of this section.
Nothing contained in any provision of this subsection shall be construed to authorize or allow any person in control of any place described in paragraph 1, 2, 3, 5 or 6 of subsection A of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a concealed handgun license from possession of a handgun allowable under such license in places described in paragraph 1, 2, 3 or 4 of this subsection.
C.  Any person violating the provisions of subsection A of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).  Any person convicted of violating the provisions of this section may be liable for an administrative fine of Two Hundred Fifty Dollars ($250.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
D.  No person in possession of any concealed handgun pursuant to the Oklahoma Self-Defense Act shall be authorized to carry the handgun into or upon any college or university property, except as provided in this subsection.  For purposes of this subsection, the following property shall not be construed as prohibited for persons having a valid concealed handgun license:
1.  Any property set aside for the use of any vehicle, whether attended or unattended, provided the handgun is carried or stored as required by law and the handgun is not removed from the vehicle without the prior consent of the college or university president while the vehicle is on any college or university property;
2.  Any property authorized for possession or use of handguns by college or university policy; and
3.  Any property authorized by the written consent of the college or university president, provided the written consent is carried with the handgun and the valid concealed handgun license while on college or university property.
The college or university may notify the Oklahoma State Bureau of Investigation within ten (10) days of a violation of any provision of this subsection by a licensee.  Upon receipt of a written notification of violation, the Bureau shall give a reasonable notice to the licensee and hold a hearing.  At the hearing upon a determination that the licensee has violated any provision of this subsection, the licensee may be subject to an administrative fine of Two Hundred Fifty Dollars ($250.00) and may have the concealed handgun license suspended for three (3) months.
Nothing contained in any provision of this subsection shall be construed to authorize or allow any college or university to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a concealed handgun license from possession of a handgun allowable under such license in places described in paragraphs 1, 2 and 3 of this subsection.  Nothing contained in any provision of this subsection shall be construed to limit the authority of any college or university in this state from taking administrative action against any student for any violation of any provision of this subsection.
E.  The provisions of this section shall not apply to any peace officer or to any person authorized by law to carry a pistol in the course of employment.  District judges, associate district judges and special district judges, who are in possession of a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose names appear on a list maintained by the Administrative Director of the Courts, shall be exempt from this section when acting in the course and scope of employment within the courthouses of this state.  Private investigators with a firearms authorization shall be exempt from this section when acting in the course and scope of employment.
SECTION 3.     AMENDATORY     21 O.S. 2001, Section 1290.2, is amended to read as follows:
Section 1290.2  
DEFINITIONS
As used in Sections 1 through 25 of this act the Oklahoma Self-Defense Act:
1.  "Concealed handgun" means a loaded or unloaded pistol carried hidden from the detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger, the presence of which is not openly discernible to the ordinary observation of a reasonable person; and
2.  "Pistol" means any derringer, revolver or semiautomatic firearm which:
a.	has an overall length of less than sixteen (16) inches and is able to be fully concealed from detection and view,
b.	is capable of discharging a projectile composed of any material which may reasonably be expected to be able to cause lethal injury,
c.	is designed to be held and fired by the use of a single hand, and
d.	uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile.
The definition of pistol for purposes of the Oklahoma Self-Defense Act shall not apply to homemade or imitation pistols, flare guns, underwater fishing guns or blank pistols.
SECTION 4.     AMENDATORY     21 O.S. 2001, Section 1290.8, as amended by Section 6, Chapter 465, O.S.L. 2003 (21 O.S. Supp. 2010, Section 1290.8), is amended to read as follows:
Section 1290.8  
POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN
A.  Except as otherwise prohibited by law, an eligible person shall have authority to carry a concealed handgun in this state when the person has been issued a handgun license from the Oklahoma State Bureau of Investigation pursuant to the provisions of the Oklahoma Self-Defense Act, provided the person is in compliance with the provisions of the Oklahoma Self-Defense Act, and the license has not expired or been subsequently suspended or revoked.  A person in possession of a valid handgun license and in compliance with the provisions of the Oklahoma Self-Defense Act shall be authorized to carry such concealed handgun while bow hunting or fishing.
B.  The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol.  Any violation of the provisions of this subsection may be punishable as a criminal offense as authorized by Section 1272 of this title or pursuant to any other applicable provision of law.  In addition to any criminal prosecution which may result from not carrying the handgun license and the required identification with the authorized pistol as required by the provisions of this subsection, the person may be subject to an administrative fine for violation of the provisions of this subsection.  The administrative fine shall be Fifty Dollars ($50.00) and shall be assessed by the Oklahoma State Bureau of Investigation after a hearing and determination that the licensee is in violation of the provisions of this subsection.  Any second or subsequent violation of the provisions of this subsection shall be grounds for the Bureau to suspend the handgun license for a period of six (6) months, in addition to any other penalty imposed.
Upon the arrest of any person for a violation of the provisions of this subsection, the person may show proof to the court that a valid handgun license and the other required identification has been issued to such person and the person may state any reason why the handgun license or the other required identification was not carried by the person as required by the Oklahoma Self-Defense Act.  The court shall dismiss an alleged violation of Section 1272 of this title upon payment of court costs, if proof of a valid handgun license and other required identification is shown to the court within ten (10) days of the arrest of the person.  The court shall report a dismissal of a charge to the Bureau for consideration of administrative proceedings against the licensee.
C.  It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop.  No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession of the person or in any vehicle in which the person is driving or is a passenger.  Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment One Hundred Dollars ($100.00).  In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall may be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.
D.  Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.
E.  Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.
SECTION 5.     AMENDATORY     21 O.S. 2001, Section 1290.11, as amended by Section 3, Chapter 62, O.S.L. 2006 (21 O.S. Supp. 2010, Section 1290.11), is amended to read as follows:
Section 1290.11  
OTHER PRECLUSIONS
A.  The following conditions shall preclude a person from being eligible for a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act for a period of time as prescribed in each of the following paragraphs:
1.  An arrest for an alleged commission of a felony offense or a felony charge pending in this state, another state or pursuant to the United States Code.  The preclusive period shall be until the final determination of the matter;
2.  The person is subject to the provisions of a deferred sentence or deferred prosecution in this state or another state or pursuant to federal authority for the commission of a felony offense.  The preclusive period shall be three (3) years and shall begin upon the final determination of the matter;
3.  Any involuntary commitment for a mental illness, condition, or disorder pursuant to the provisions of Section 5-410 of Title 43A of the Oklahoma Statutes or any involuntary commitment in another state pursuant to any provisions of law of that state.  The preclusive period shall be permanent as provided by Title 18 of the United States Code Section 922(g)(4);
4.  The person has previously undergone treatment for a mental illness, condition, or disorder which required medication or supervision as defined by paragraph 7 of Section 1290.10 of this title.  The preclusive period shall be three (3) years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten (10) years or more;
5.  Inpatient treatment for substance abuse.  The preclusive period shall be three (3) years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person has been free from substance use for twelve (12) months or more preceding the filing of an application for a handgun license;
6.  Two or more convictions of public intoxication pursuant to Section 8 of Title 37 of the Oklahoma Statutes, or a similar law of another state.  The preclusive period shall be three (3) years from the date of the completion of the last sentence;
7.  Two or more misdemeanor convictions relating to intoxication or driving under the influence of an intoxicating substance or alcohol.  The preclusive period shall be three (3) years from the date of the completion of the last sentence or shall require a certified statement from a licensed physician stating that the person is not in need of substance abuse treatment;
8.  A court order for a final Victim Protection Order against the applicant, as authorized by Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any court order granting a final victim protection order against the applicant from another state.  The preclusive period shall be three (3) years from the date of the entry of the final court order, or sixty (60) days from the date an order was vacated, cancelled or withdrawn;
9.  An adjudicated delinquent or convicted felon residing in the residence of the applicant which may be a violation of Section 1283 of this title.  The preclusive period shall be thirty (30) days from the date the person no longer resides in the same residence as the applicant; or
10.  An arrest for an alleged commission of, a misdemeanor offense or a misdemeanor charge pending for, or the in this state or another state.  The preclusive period shall be until the final determination of the matter; or
11.  The person is subject to the provisions of a deferred sentence or a deferred prosecution for any one or more of the following misdemeanor offenses in this state or another state:
a.	any assault and battery which caused serious physical injury to the victim or any second or subsequent assault and battery,
b.	any aggravated assault and battery,
c.	any stalking pursuant to Section 1173 of this title, or a similar law of another state,
d.	any violation of the Protection from Domestic Abuse Act, Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any violation of a victim protection order of another state,
e.	any violation relating to illegal drug use or possession, or
f.	an act of domestic abuse as defined by Section 644 of this title or an act of domestic assault and battery or any comparable acts under the law of another state.
The preclusive period for this paragraph shall be three (3) years and shall begin upon the final determination of the matter.
B.  Nothing in this section shall be construed to require a full investigation of the applicant by the Oklahoma State Bureau of Investigation.
SECTION 6.     AMENDATORY     21 O.S. 2001, Section 1290.22, as amended by Section 2, Chapter 39, O.S.L. 2004 (21 O.S. Supp. 2010, Section 1290.22), is amended to read as follows:
Section 1290.22  
BUSINESS OWNER’S RIGHTS
A.  Except as provided in subsection B of this section, nothing contained in any provision of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.
B.  No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.
C.  A property owner, tenant, employer, or business entity may prohibit any person from carrying a concealed firearm on the property.  If the building or property is open to the public, the property owner, tenant, employer, or business entity shall post signs on or about the property stating such prohibition.
D.  The carrying of a concealed firearm by a person who has been issued a concealed handgun license on property that has signs prohibiting the carrying of firearms shall not be a criminal act but may subject the person to denial to the property or removal from the property.  If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to exceed One Hundred Dollars ($100.00).  
SECTION 7.     AMENDATORY     21 O.S. 2001, Section 1290.26, as amended by Section 9, Chapter 465, O.S.L. 2003 (21 O.S. Supp. 2010, Section 1290.26), is amended to read as follows:
Section 1290.26  
RECIPROCAL AGREEMENT AUTHORITY
The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state.  Any person entering this state in possession of a firearm authorized for concealed carry upon the authority and license of another state is authorized to continue to carry a concealed firearm and license in this state; provided the license from the other state remains valid.  The firearm must be carried fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to a valid concealed carry weapons permit or license issued in another state.  Any person who is twenty-one (21) years of age or older having a valid firearm license from another state may apply for a concealed handgun license in this state immediately upon establishing a residence in this state.
SECTION 8.  This act shall become effective November 1, 2011.

53-1-5512	GRS	01/17/11