STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 858	By:	Russell

AS INTRODUCED

An Act relating to firearms; amending 21 O.S. 2001, Section 1277, as amended by Section 2, Chapter 128, O.S.L. 2007 (21 O.S. Supp. 2010, Section 1277), which relates to unlawful carry of concealed handguns in certain places; authorizing certain persons to carry concealed handguns on public college and university property; authorizing the establishment of concealed handgun policies or rules for certain college or university events; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     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 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 for in this subsection and subsection E of this section.  For purposes of this subsection and subsection E of this section, 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 except for the provisions provided for in subsection E of this section, 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.  In addition to the provisions of subsection D of this section, any person who possesses a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act or who is certified by the Council on Law Enforcement Education and Training to carry a weapon shall be authorized to carry the concealed handgun into or upon any public college or university property.  Nothing contained in this subsection shall be construed to change the authority of any public college or university in this state from establishing a policy or rule that restricts or prohibits persons who have a concealed handgun license from carrying a concealed handgun into any access-controlled event where all persons entering the event are subject to security checkpoint screenings by immediately available security personnel.
F.  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 2.  This act shall become effective November 1, 2011.

53-1-99	MD	1/20/2011 3:04:49 PM