STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 514	By:	Aldridge

AS INTRODUCED

An Act relating to crimes and punishments; amending 21 O.S. 2001, Section 1273, which relates to allowing minors to possess firearms; prohibiting storage of firearms in certain manner under specified circumstances; stating exceptions; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2001, 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 any of the arms or weapons designated in Section 1272 of this title; provided, the provisions of this section shall not prohibit a parent from giving his or her child a rifle or shotgun for participation in hunting animals or fowl, hunter safety classes, target shooting, skeet, trap or other recognized sporting events, except as provided in subsection B of this section.
B.  It shall be unlawful for any parent or guardian to intentionally, knowingly, or recklessly permit his or her child to possess any of the arms or weapons designated in Section 1272 of this title, including any rifle or shotgun, if such parent is aware of a substantial risk that the child will use the weapon to commit a criminal offense or if the child has either been adjudicated a delinquent or has been convicted as an adult for any criminal offense.
C.  It shall be unlawful for any child to possess any of the arms or weapons designated in Section 1272 of this title, except rifles or shotguns used for participation in hunting animals or fowl, hunter safety classes, target shooting, skeet, trap or other recognized sporting event.  Provided, the possession of rifles or shotguns authorized by 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 unlawful for any person within this state to store or to keep a loaded firearm or an unloaded firearm with ammunition on premises under his or her control if the person knows or reasonably should know that a child is capable of gaining access to such firearm, and the child obtains the firearm and uses it to threaten or cause the death or serious injury of any person.  Provided that, a person is not guilty of this offense if:
1.  The firearm was stored or kept in a securely locked container;
2.  The firearm was secured by a locking mechanism that makes the firearm inoperable;
3.  The firearm was stored or kept in a dismantled state and at least one part which is essential to the operation of the firearm was stored or kept in a securely locked container;
4.  The firearm was unloaded and the ammunition was stored or kept in a securely locked container;
5.  The child obtained possession of the firearm in an act of self defense;
6.  The child obtained possession of the firearm as a result of unlawful entry on the premises; or
7.  The child was supervised by a person who was twenty-one (21) years of age or older and was engaged in hunting, sporting or any other lawful purpose.
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 violating the provisions of this section shall be subject to adjudication as a delinquent.  In addition, any person violating the provisions of this section shall be liable for civil damages for any injury or death to any person and for any damage to property resulting from any discharge of a firearm or use of any other weapon as provided in Section 10 of Title 23 of the Oklahoma Statutes.  Any person convicted of violating the provisions of this section after having been issued a concealed 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. F.  As used in this section, "child" means a person under eighteen (18) years of age.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-905	TEK	1/9/2009 10:30:34 AM