ENGROSSED SENATE
BILL NO. 206	By:	Griffin and Shortey of the Senate

			and

		Hickman of the House

An Act relating to firearms; amending 21 O.S. 2011, Sections 1290.2, 1290.7, 1290.8 and 1290.21, as amended by Sections 23, 28, 29 and 40, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Sections 1290.2, 1290.7, 1290.8 and 1290.21), which relate to hand guns; modifying definition; modifying how certain authority shall be construed; clarifying language; deleting certain penalties; modifying criteria for certain unlawful act; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1290.2, as amended by Section 23, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1290.2), is amended to read as follows:
Section 1290.2.
DEFINITIONS
A.  As used in 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;
2.  "Unconcealed handgun" means a loaded or unloaded pistol carried upon the person in a belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible; and
3.  "Pistol" means any derringer, revolver or semiautomatic firearm which:
a.	has an overall length of less than sixteen (16) inches,
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.
B.  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 2.     AMENDATORY     21 O.S. 2011, Section 1290.7, as amended by Section 28, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1290.7), is amended to read as follows:
Section 1290.7.
CONSTRUING AUTHORITY OF LICENSE
The authority to carry a concealed or unconcealed handgun pursuant to a valid handgun license as authorized by the provisions of the Oklahoma Self-Defense Act shall not be construed to authorize any person to:
1.  Carry or possess any weapon other than an authorized pistol as defined by the provisions of Section 1290.2 of this title;
2.  Carry or possess any pistol in any manner or in any place otherwise prohibited by law;
3.  Carry or possess any prohibited ammunition or any illegal, imitation or homemade pistol;
4.  Carry or possess any pistol when the person is prohibited by state or federal law from carrying or possessing any firearm; or
5.  Point, discharge, intentionally display the pistol, or use the pistol in any manner not otherwise authorized by law.
SECTION 3.     AMENDATORY     21 O.S. 2011, Section 1290.8, as amended by Section 29, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, 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 or unconcealed 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 or unconcealed 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.  The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed or concealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand.  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 or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person 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.  Said identification to the law enforcement officer shall be made at the first opportunity.  No person shall be required to identify himself or herself as a handgun licensee when no handgun is in the 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 One Hundred Dollars ($100.00).
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 or unconcealed without probable cause that a crime has been committed.
SECTION 4.     AMENDATORY     21 O.S. 2011, Section 1290.21, as amended by Section 40, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1290.21), is amended to read as follows:
Section 1290.21.
REPLACEMENT LICENSE
A.  In the event a handgun license becomes missing, lost, stolen or destroyed, the license shall be invalid, and the person to whom the license was issued shall notify the Oklahoma State Bureau of Investigation within thirty (30) days of the discovery of the fact that the license is not in the possession of the licensee.  The person may obtain a substitute license upon furnishing a notarized statement to the Bureau that the license is missing, lost, stolen or destroyed and paying a fifteen-dollar replacement fee.  During any period when a license is missing, lost, stolen or destroyed, the person shall have no authority to carry a concealed or unconcealed handgun pursuant to the provisions of the Oklahoma Self-Defense Act.  The Bureau shall, upon receipt of the notarized statement and fee from the licensee, issue a substitute license with the same expiration date within ten (10) days of the receipt of the notarized statement and fee.
B.  Any person who knowingly or intentionally carries a concealed or unconcealed handgun pursuant to a handgun license authorized and issued pursuant to the provisions of the Oklahoma Self-Defense Act which is either stolen or belongs to another person shall, upon conviction, be guilty of a felony punishable by a fine of Five Thousand Dollars ($5,000.00).
C.  Any person having a valid handgun license pursuant to the Oklahoma Self-Defense Act may carry any make or model of an authorized pistol listed on the license, provided the type of pistol shall not be other than the type or types listed on the license.  A person may complete additional firearms training for an additional type of pistol during any license period and upon successful completion of the training may request the additional type of pistol be included on the license.  The person shall submit to the Bureau a fifteen-dollar replacement fee, the original certificate of training and qualification for the additional type of firearm, and a statement requesting the license be updated to include the additional type of pistol.  The Bureau shall issue an updated license with the same expiration date within ten (10) days of the receipt of the request.  The person shall have no authority to carry any additional type of pistol pursuant to the provisions of the Oklahoma Self-Defense Act until the updated license has been received by the licensee.  The original license shall be destroyed upon receipt of an updated handgun license.
D.  A person may request during any license period an update for a change of address or change of name by submitting to the Bureau a fifteen-dollar replacement fee, and a notarized statement that the address or name of the licensee has changed.  The Bureau shall issue an updated license with the same expiration date within ten (10) days of receipt of the request.  The original license shall be destroyed upon the receipt of the updated handgun license.
SECTION 5.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 18th day of February, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives