STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1311	By:	Enns

AS INTRODUCED

An Act relating to crimes and punishments; amending 21 O.S. 2011, Sections 1290.10 and 1290.11, as amended by Section 31, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1290.11), which relate to the Oklahoma Self-Defense Act; deleting certain mandatory and temporary preclusion; clarifying certain mandatory and temporary preclusion; defining phrase; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1290.10, is amended to read as follows:
Section 1290.10
MANDATORY PRECLUSIONS
In addition to the requirements stated in Section 1290.9 of this title, the conditions stated in this section shall preclude a person from eligibility for a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title.  The occurrence of any one of the following conditions shall deny the person the right to have a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act.  Prohibited conditions are:
1.  Ineligible to possess a pistol due to any felony conviction or adjudication as a delinquent as provided by Section 1283 of this title, except as provided in subsection B of Section 1283 of this title;
2.  Any felony conviction pursuant to any law of another state, a felony conviction pursuant to any provision of the United States Code, or any conviction pursuant to the laws of any foreign country, provided such foreign conviction would constitute a felony offense in this state if the offense had been committed in this state, except as provided in subsection B of Section 1283 of this title;
3.  Adjudication as an incompetent person pursuant to the provisions of the Oklahoma Mental Health Law, Section 1-101 et seq. of Title 43A of the Oklahoma Statutes or an adjudication of incompetency entered in another state pursuant to any provision of law of that state;
4.  Any false or misleading statement on the application for a handgun license as provided by paragraph 5 of Section subsection A of 1290.12 of this title;
5. 4.  Conviction of any one of the following misdemeanor offenses in this state or in any other state:
a.	any assault and battery which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction,
b.	any aggravated assault and battery,
c.	any stalking pursuant to Section 1173 of this title, or a similar law of another state,
d.	a violation relating to the Protection from Domestic Abuse Act, Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any violation of a victim protection order of another state,
e.	any conviction 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 laws of another state;
6. 5.  An attempted suicide or other condition relating to or diagnosed by a licensed physician or psychologist indicating mental instability or an unsound mind which that the person is a danger to himself or herself or others or is incapable of managing the affairs of the person if the attempt or most recent treatment for the condition occurred within the preceding ten-year period from the date of the application for a license to carry a concealed or unconcealed firearm or that occurs during the period of licensure;
7. 6.  Currently undergoing treatment for a mental illness, condition, or disorder.  For purposes of this paragraph, “currently undergoing treatment for a mental illness, condition, or disorder” means the person has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.  For purposes of this paragraph, “currently undergoing treatment for a mental illness, condition, or disorder” shall not be construed to mean any person, veteran or nonveteran who has been successfully treated for post-traumatic stress disorder;
8. 7.  Significant character defects of the applicant as evidenced by a misdemeanor criminal record indicating habitual criminal activity;
9. 8.  Ineligible to possess a pistol due to any provision of law of this state or the United States Code, except as provided in subsection B of Section 1283 of this title;
10. 9.  Failure to pay an assessed fine or surrender the handgun license as required by a decision by the administrative hearing examiner pursuant to authority of the Oklahoma Self-Defense Act;
11. 10.  Being subject to an outstanding felony warrant issued in this state or another state or the United States; or
12. 11.  Adjudication as a delinquent as provided by Section 1283 of this title, except as provided in subsection B of Section 1283 of this title.
SECTION 2.     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 6 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.  For purposes of this paragraph, “previously undergone treatment for a mental illness, condition, or disorder” shall not be construed to mean any person, veteran or nonveteran who has been successfully treated for post-traumatic stress disorder;
5. 4.  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. 5.  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. 6.  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. 7.  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. 8.  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. 9.  An arrest for an alleged commission of, a charge pending for, or 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 3.  This act shall become effective November 1, 2013.

54-1-5114	GRS	12/31/12