STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 897	By:	Marlatt

AS INTRODUCED

An Act relating to firearms; amending 21 O.S. 2011, Section 1289.13A, as amended by Section 19, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1289.13A), which relates to the improper transportation of firearms; requiring forfeiture of certain handgun 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 1289.13A, as amended by Section 19, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1289.13A), is amended to read as follows:
Section 1289.13A.
IMPROPER TRANSPORTATION OF FIREARMS
A.  Notwithstanding the provisions of Section 1272 or 1289.13 of this title, any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid handgun license authorized by the Oklahoma Self-Defense Act or valid license from another state, whether the loaded firearm is concealed or unconcealed in the vehicle, shall be issued a traffic citation in the amount of Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly.  In addition to the traffic citation provided in this section, the person may also be arrested for any other violation of law.
B.  When the arresting officer determines that a valid handgun license exists, pursuant to the Oklahoma Self-Defense Act or any provision of law from another state, for any person in the stopped vehicle, any firearms permitted to be carried pursuant to that license shall not be confiscated, unless:
1.  The person is arrested for violating another provision of law other than a violation of subsection A of this section; provided, however, if the person is never charged with an offense pursuant to this paragraph or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person; or
2.  The officer has probable cause to believe the weapon is:
a.	contraband, or
b.	a firearm used in the commission of a crime other than a violation of subsection A of this section.
C.  Nothing in this section shall be construed to require confiscation of any firearm.
D.  Any person being transported in a law enforcement vehicle shall forfeit his or her handgun to the officer in charge of the vehicle.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-141	LKS	1/17/2013 4:12:49 PM