ENGROSSED HOUSE
BILL NO. 1723	By:	Osborn, Ritze, Sherrer and Hoskin of the House

				and

		Sykes of the Senate

An Act relating to crimes and punishments; amending 21 O.S. 2011, Sections 1272 and 1277, as amended by Sections 1 and 6, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Sections 1272 and 1277), which relate to the unlawful carry of firearms; allowing municipal judges to carry firearms in courtrooms; amending 21 O.S. 2011, Section 1289.23, as amended by Section 21, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1289.23), which relates to the carrying of firearms by off-duty peace officers; clarifying manner in which full-time and reserve peace officers may carry firearms; providing conditions deemed necessary for carrying handguns under the Oklahoma Self-Defense Act; 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 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 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 or municipal 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.  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 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 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;
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 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;
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 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, 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 and municipal 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 1289.23, as amended by Section 21, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2012, Section 1289.23), is amended to read as follows:
Section 1289.23
CONCEALED FIREARM FOR OFF-DUTY POLICE OFFICER
CARRYING OF WEAPONS BY FULL-TIME PEACE OFFICERS
AND RESERVE PEACE OFFICERS
A.  A full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET), pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes, is hereby authorized to carry a weapon certified and weapons approved by the employing agency anywhere in the State of Oklahoma while on active duty or during periods when the officer is not on active duty as provided by the provisions of subsection B of this section.
B.  When an off-duty officer carries a certified weapon approved weapons, the officer shall be wearing may wear the law enforcement uniform prescribed by the employing agency or when plain clothes.  When not wearing the prescribed law enforcement uniform, the officer shall be required:
1.  To have the official peace officers officer’s badge, Commission Card and CLEET Certification Card on his or her person at all times when carrying a weapon certified and approved by the employing agency; and
2.  To keep the authorized weapon concealed from view at all times, except when the weapon is used within the guidelines established unless otherwise authorized by the employing agency.
C.  Nothing in this section shall be construed to alter or amend the provisions of Section 1272.1 of this title or expand the duties, authority or jurisdiction of any peace officer.
D.  A reserve peace officer who has satisfactorily completed a basic police course of not less than one hundred twenty (120) hours of accredited instruction for reserve police officers and reserve deputies from the Council on Law Enforcement Education and Training or a course of study approved by CLEET may carry a certified an approved weapon when such officer is off duty as provided by subsection E of this section, provided:
1.  The officer has been granted written authorization signed by the director of the employing agency; and
2.  The employing agency shall maintain a current list of any officers authorized to carry a certified weapon while said officers are off duty, and shall provide a copy of such list to the Council on Law Enforcement Education and Training.  Any change to the list shall be made in writing and mailed to the Council on Law Enforcement Education and Training within five (5) days.
E.  When an off-duty reserve peace officer carries a certified an approved weapon, the officer shall be wearing the law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform, the officer shall be required:
1.  To have his or her official peace officer’s badge, Commission Card, CLEET Certification Card and written authorization on his or her person at all times when carrying a weapon certified and approved by the employing agency; and
2.  To keep the authorized weapon concealed from view at all times, except when the weapon is used within the guidelines established by the employing agency.
F.  Nothing in subsection D of this section shall be construed to alter or amend the provisions of Section 1750.2 of Title 59 of the Oklahoma Statutes or expand the duties, jurisdiction or authority of any reserve peace officer.
G.  Nothing in this section shall be construed to limit or restrict any peace officer or reserve peace officer from carrying a handgun, concealed or unconcealed, as allowed by the Oklahoma Self-Defense Act after issuance of a valid license.  When an An off-duty peace officer elects or reserve peace officer shall be deemed to have elected to carry a handgun under the authority of the Oklahoma Self-Defense Act, the person shall comply with all provisions of such act and shall not be representing when the officer:
1.  Has been issued a valid handgun license and is carrying a handgun not authorized by the employing agency; or
2.  Is carrying a handgun in a manner or in a place not specifically authorized for off-duty carry by the employing agency.
H.  Any off-duty peace officer who carries any weapon in violation of the provisions of this section shall be deemed to be in violation of Section 1272 of this title and may be prosecuted as provided by law for a violation of that section.
I.  On or after November 1, 2004, a reserve or full-time commissioned peace officer may apply to carry a weapon pursuant to the Oklahoma Self-Defense Act as follows:
1.  The officer shall apply in writing to the Council on Law Enforcement Education and Training (CLEET) stating that the officer desires to have a handgun license pursuant to the Oklahoma Self-Defense Act and certifying that he or she has no preclusions to having such handgun license.  The officer shall submit with the application:
a.	an official letter from his or her employing agency confirming the officer’s employment and status as a full-time commissioned peace officer or an active reserve peace officer,
b.	a fee of Twenty-five Dollars ($25.00) for the handgun license, and
c.	two passport-size photographs of the peace officer applicant.
2.  Upon receiving the required information, CLEET shall determine whether the peace officer is in good standing, has CLEET certification and training, and is otherwise eligible for a handgun license.  Upon verification of the officer’s eligibility, CLEET shall send the information to the Oklahoma State Bureau of Investigation (OSBI) and OSBI shall issue a handgun license in the same or similar form as other handgun licenses.  All other requirements in Section 1290.12 of this title concerning application for a handgun license shall be waived for active duty peace officers except as provided in this subsection, including but not limited to training, fingerprints and criminal history records checks unless the officer does not have fingerprints on file or a criminal history records background check conducted prior to employment as a peace officer.  The OSBI shall not be required to conduct any further investigation into the eligibility of the peace officer applicant and shall not deny a handgun license except when preclusions are found to exist.
3.  The term of the handgun license for an active duty reserve or full-time commissioned peace officer pursuant to this section shall be as provided in Section 1290.5 of this title, renewable in the same manner provided in this subsection for an original application by a peace officer.  The handgun license shall be valid when the peace officer is in possession of a valid driver license and law enforcement commission card.
4.  If the commission card of a law enforcement officer is terminated, revoked or suspended, the handgun license shall be immediately returned to CLEET.  When a peace officer in possession of a handgun license pursuant to this subsection changes employment, the person must notify CLEET within ninety (90) days and send a new letter verifying employment and status as a full-time commissioned or reserve peace officer.
5.  There shall be no refund of any fee for any unexpired term of any handgun license that is suspended, revoked, or voluntarily returned to CLEET, or that is denied, suspended or revoked by the OSBI.
6.  CLEET may promulgate any rules, forms or procedures necessary to implement the provisions of this section.
7.  Nothing in this subsection shall be construed to change or amend the application process, eligibility, effective date or fees of any handgun license pending issuance on November 1, 2004, or previously issued to any peace officer prior to November 1, 2004.
SECTION 4.  This act shall become effective November 1, 2013.
Passed the House of Representatives the 14th day of March, 2013.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the ___ day of __________, 2013.

	
	Presiding Officer of the Senate