STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2614	By: Martin (Steve)

AS INTRODUCED

An Act relating to firearms; amending 19 O.S. 2011, Section 215.29, which relates to the carrying of firearms by district attorneys; clarifying firearm training requirement; amending Section 1, Chapter 267, O.S.L. 2013 (20 O.S. Supp. 2013, Section 129), which relates to the carrying of firearms by judges; clarifying firearm training requirement; amending 21 O.S. 2011, Section 1273, as amended by Section 4, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2013, Section 1273), which relates to the possession of firearms by minors; expanding scope of certain exceptions; amending 21 O.S. 2011, Section 1289.29, which relates to the carrying of firearms by United States Attorneys; clarifying firearm training requirement; amending Section 2, Chapter 315, O.S.L. 2013 (70 O.S. Supp. 2013, Section 3311.14), which relates to the carrying of firearms by the Attorney General; clarifying firearm training requirement; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     19 O.S. 2011, Section 215.29, is amended to read as follows:
Section 215.29  A.  A district attorney, or retired district attorney who receives a statement from the appropriate retirement system verifying the status of the person as a retired district attorney, may carry a firearm on his or her person anywhere in the state to use only for personal protection if the person has successfully completed an approved a handgun qualification course of firearm training conducted by a state-certified firearms instructor which meets the minimum requirements for firearms training as set forth for court officials administered by the Council on Law Enforcement Education and Training.
B.  At the discretion of the district attorney, the district attorney may allow an assistant district attorney to carry a firearm on his or her person anywhere in the state to use only for personal protection if the person has successfully completed an approved a handgun qualification course of firearm training conducted by a state-certified firearms instructor which meets the minimum requirements for firearms training as set forth for court officials administered by the Council on Law Enforcement Education and Training.
SECTION 2.     AMENDATORY     Section 1, Chapter 267, O.S.L. 2013 (20 O.S. Supp. 2013, Section 129), is amended to read as follows:
Section 129.  A district judge, municipal judge, or retired district judge who receives a statement from the appropriate retirement system verifying the status of the person as a retired district judge may carry a firearm on his or her person anywhere in the state to use only for personal protection if the person has successfully completed an approved a handgun qualification course of firearms training conducted by a state-certified firearms instructor which meets the minimum requirements for firearms training as set forth for court officials administered by the Council on Law Enforcement Education and Training.
SECTION 3.     AMENDATORY     21 O.S. 2011, Section 1273, as amended by Section 4, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2013, 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 pistol, revolver, rifle or shotgun for participation in hunting animals or fowl, hunter safety classes, firearm 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 pistol, revolver, 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 pistols, revolvers, rifles or shotguns used for participation in hunting animals or fowl, hunter safety classes, firearm safety classes, target shooting, skeet, trap or other recognized sporting event.  Provided, the possession of pistols, revolvers, 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.  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 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.  As used in this section, "child" means a person under eighteen (18) years of age.
SECTION 4.     AMENDATORY     21 O.S. 2011, Section 1289.29, is amended to read as follows:
Section 1289.29  Any United States Attorney or Assistant United States Attorney may carry a firearm on his or her person anywhere in the State of Oklahoma if the person has successfully completed an approved a handgun qualification course of firearm training conducted by a certified firearms instructor which is equal to the minimum requirements for firearms training as set forth for court officials administered by the Council on Law Enforcement Education and Training.
SECTION 5.     AMENDATORY     Section 2, Chapter 315, O.S.L. 2013 (70 O.S. Supp. 2013, Section 3311.14), is amended to read as follows:
Section 3311.14  Upon completion of an approved a handgun qualification course of firearm training conducted by a certified firearms instructor which is equal to the minimum requirements for firearms training as set forth for court officials administered by the Council on Law Enforcement Education and Training, the Attorney General and any assistant attorney general may carry a firearm on his or her person anywhere in this state for personal protection only.

SECTION 6.  This act shall become effective November 1, 2014.

54-2-8235	GRS	01/14/14