STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 529	By:	Brecheen

AS INTRODUCED

An Act relating to firearms; amending 21 O.S. 2011, Section 1280.1, as amended by Section 8, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1280.1), which relates to possession of firearms on school property; increasing certain fine; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1280.1, as amended by Section 8, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1280.1), is amended to read as follows:
Section 1280.1.
POSSESSION OF FIREARM ON SCHOOL PROPERTY
A.  It shall be unlawful for any person to have in his or her possession on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers any firearm or weapon designated in Section 1272 of this title, except as provided in subsection C of this section or as otherwise authorized by law.
B.  "School property" means any publicly or privately owned property held for purposes of elementary, secondary or vocational-technical education, and shall not include property owned by public school districts or private educational entities where such property is leased or rented to an individual or corporation and used for purposes other than educational.
C.  Firearms and weapons are allowed on school property and deemed not in violation of subsection A of this section as follows:
1.  A gun or knife designed for hunting or fishing purposes kept in a privately owned vehicle and properly displayed or stored as required by law, or a handgun carried in a vehicle pursuant to a valid handgun license authorized by the Oklahoma Self-Defense Act, provided such vehicle containing said gun or knife is driven onto school property only to transport a student to and from school and such vehicle does not remain unattended on school property;
2.  A gun or knife used for the purposes of participating in the Oklahoma Department of Wildlife Conservation certified hunter training education course or any other hunting, fishing, safety or firearms training courses, or a recognized firearms sports event, team shooting program or competition, or living history reenactment, provided the course or event is approved by the principal or chief administrator of the school where the course or event is offered, and provided the weapon is properly displayed or stored as required by law pending participation in the course, event, program or competition; and
3.  Weapons in the possession of any peace officer or other person authorized by law to possess a weapon in the performance of their duties and responsibilities.
D.  Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), and imprisonment in the custody of the Department of Corrections for not more than two (2) years.  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 shall have the license permanently revoked and shall be liable for an administrative fine of One Hundred Dollars ($100.00) Two Hundred Dollars ($200.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-1353	 LKS	1/15/2013 7:53:59 PM