STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1059	By:	McCullough

AS INTRODUCED

An Act relating to firearms; amending 21 O.S. 2011, Sections 1272, 1277 and 1280.1, as amended by Sections 1, 6 and 8, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Sections 1272, 1277 and 1280.1), which relate to the unlawful carrying of firearms; making certain acts unlawful; providing exception for accidental exposure; clarifying elements of certain prohibited act; modifying manner in which handguns may be carried into or upon public property, elementary or secondary schools; amending 21 O.S. 2011, Sections 1290.2 and 1290.11, as amended by Sections 23 and 31, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Sections 1290.2 and 1290.11), which relate to the Oklahoma Self-Defense Act; modifying definition of concealed handgun; modifying list of temporary preclusions for handgun licenses; amending 21 O.S. 2011, Section 1290.22, which relates to business owner’s rights; clarifying manner in which business owners may prohibit the carrying of firearms on property; providing penalties under certain circumstances; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1272, as amended by Section 1, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, 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;
2.  For any person without a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act to carry upon or about his or her person or in a purse or other container belonging to the person, any pistol or revolver; or
3.  For any person carrying a handgun with a valid handgun license issued pursuant to the provision of the Oklahoma Self-Defense Act to intentionally fail to conceal the handgun within the meaning of the definition provided for in Section 1290.2 of this title; provided, however, that accidental exposure of the handgun shall not constitute an offense under the provisions of this section.
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 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 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. 2011, Section 1277, as amended by Section 6, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, 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 handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act to intentionally, knowingly or recklessly carry any concealed or unconcealed 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 primary purpose of conducting business with the public and that provides authorized security personnel and metal detectors through which members of the public are required to pass through;
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;
5. 3.  Any sports arena during a professional sporting event;
6. 4.  Any place where pari-mutuel wagering is authorized by law; and
7. 5.  Any other place specifically prohibited by law.
B.  For purposes of paragraphs 1, 2, 3, 5 and 6 4 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 or parking 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 or parking 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; and
3.  Any property adjacent to a structure, building, or office space in which concealed or unconcealed 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 or unconcealed 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 4 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 handgun license from possession of a handgun allowable under such license in places described in paragraph 1, 2, or 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 subsection A 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 subsection A of this section.
D.  No person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act shall be authorized to carry the handgun into or upon any college, university, or technology center school 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 handgun license:
1.  Any property set aside for the use or parking 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 or technology center school administrator while the vehicle is on any college, university, or technology center school property;
2.  Any property authorized for possession or use of handguns by college, university, or technology center school policy; and
3.  Any property authorized by the written consent of the college or university president or technology center school administrator, provided the written consent is carried with the handgun and the valid handgun license while on college, university, or technology center school property.
The college, university, or technology center school 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 handgun license suspended for three (3) months.
Nothing contained in any provision of this subsection shall be construed to authorize or allow any college, university, or technology center school to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a 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 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. 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, or 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 locked 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 handgun carried in a vehicle by a person in possession of a valid handgun license issued pursuant to the Oklahoma Self-Defense Act on any property set aside for the use or parking of any vehicle, whether attended or unattended, provided the handgun is hidden from plain view and locked in a vehicle or locked in a compartment that is securely attached to the vehicle;
3.  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. 4.  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 who has not been issued a handgun license pursuant to the Oklahoma Self-Defense Act and who violates 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.  
E.  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) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00).
SECTION 4.     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, the presence of which is not openly discernible to the ordinary observation of a reasonable person;
2.  “Unconcealed handgun” means a loaded or unloaded pistol carried upon the person in a belt 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 5.     AMENDATORY     21 O.S. 2011, Section 1290.11, as amended by Section 31, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, 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 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 the Protection from Domestic Abuse Act, 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, canceled 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 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. 2011, 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.  A property owner, tenant, employer, or business entity may prohibit any person from carrying a concealed or unconcealed 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.
C.  The carrying of a concealed or unconcealed firearm by a person who has been issued a handgun license on property that has signs prohibiting the carrying of firearms shall not be a criminal act but may subject the person to being denied entrance onto the property or removed 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). 
D.  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.
SECTION 7.  This act shall become effective November 1, 2013.

54-1-5012	GRS	12/19/12