Bill Summary – FastDemocracy

1                               STATE OF OKLAHOMA
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 2                   1st Session of the 57th Legislature (2019)
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 3   SENATE BILL NO. 959                    By: Dahm
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 6                                 AS INTRODUCED
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 7          An Act relating to firearms; amending 21 O.S. 2011,
 7          Section 1289.9, as amended by Section 14, Chapter
 8          259, O.S.L. 2012 (21 O.S. Supp. 2018, Section
 8          1289.9), which relates to carrying weapons under the
 9          influence of alcohol; modifying inclusions; amending
 9          21 O.S. 2011, Section 1290.11, as last amended by
10          Section 2, Chapter 259, O.S.L. 2014 (21 O.S. Supp.
10          2018, Section 1290.11), which relates to eligibility
11          for a handgun license; making certain exception for
11          medical marijuana card holder; prohibiting certain
12          denial; updating statutory reference; and providing
12          an effective date.
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15   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16       SECTION 1.       AMENDATORY     21 O.S. 2011, Section 1289.9, as
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17   amended by Section 14, Chapter 259, O.S.L. 2012 (21 O.S. Supp. 2018,
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18   Section 1289.9), is amended to read as follows:
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19       Section 1289.9.
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20               CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL
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21       It shall be unlawful for any person to carry or use shotguns,
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22   rifles or pistols in any circumstances while under the influence of
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23   beer, intoxicating liquors, marijuana or any hallucinogenic, or any
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24   unlawful or unprescribed drug, and it shall be unlawful for any
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     Req. No. 1222                                                Page 1
 1   person to carry or use shotguns, rifles or pistols when under the
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 2   influence of any drug prescribed by a licensed physician if the
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 3   aftereffects of such consumption affect mental, emotional or
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 4   physical processes to a degree that would result in abnormal
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 5   behavior.   Any person convicted of a violation of the provisions of
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 6   this section shall be punished as provided in Section 1289.15 of
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 7   this title.
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 8       Any person convicted of a violation of the provisions of this
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 9   section after having been issued a handgun license pursuant to the
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10   provisions of the Oklahoma Self-Defense Act shall have the license
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11   suspended for a term of six (6) months and shall be subject to an
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12   administrative fine of Fifty Dollars ($50.00), upon a hearing and
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13   determination by the Oklahoma State Bureau of Investigation that the
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14   person is in violation of the provisions of this section.
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15       SECTION 2.     AMENDATORY     21 O.S. 2011, Section 1290.11, as
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16   last amended by Section 2, Chapter 259, O.S.L. 2014 (21 O.S. Supp.
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17   2018, Section 1290.11), is amended to read as follows:
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18       Section 1290.11.
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19                              OTHER PRECLUSIONS
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20       A.   The following conditions shall preclude a person from being
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21   eligible for a handgun license pursuant to the provisions of the
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22   Oklahoma Self-Defense Act for a period of time as prescribed in each
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23   of the following paragraphs:
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     Req. No. 1222                                               Page 2
 1       1.     An arrest for an alleged commission of a felony offense or a
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 2   felony charge pending in this state, another state or pursuant to
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 3   the United States Code.     The preclusive period shall be until the
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 4   final determination of the matter;
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 5       2.     The person is subject to the provisions of a deferred
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 6   sentence or deferred prosecution in this state or another state or
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 7   pursuant to federal authority for the commission of a felony
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 8   offense.    The preclusive period shall be three (3) years and shall
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 9   begin upon the final determination of the matter;
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10       3.     Any involuntary commitment for a mental illness, condition,
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11   or disorder pursuant to the provisions of Section 5-410 of Title 43A
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12   of the Oklahoma Statutes or any involuntary commitment in another
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13   state pursuant to any provisions of law of that state.    The
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14   preclusive period shall be permanent as provided by Title 18 of the
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15   United States Code Section 922(g)(4) unless the person has been
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16   granted relief from the disqualifying disability pursuant to Section
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17   3 of this act 1290.27 of this title;
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18       4.     The person has previously undergone treatment for a mental
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19   illness, condition, or disorder which required medication or
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20   supervision as defined by paragraph 7 of Section 1290.10 of this
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21   title.     The preclusive period shall be three (3) years from the last
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22   date of treatment or upon presentation of a certified statement from
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23   a licensed physician stating that the person is either no longer
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24   disabled by any mental or psychiatric illness, condition, or
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     Req. No. 1222                                                   Page 3
 1   disorder or that the person has been stabilized on medication for
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 2   ten (10) years or more;
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 3       5.   Inpatient treatment for substance abuse.   The preclusive
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 4   period shall be three (3) years from the last date of treatment or
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 5   upon presentation of a certified statement from a licensed physician
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 6   stating that the person has been free from substance use for twelve
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 7   (12) months or more preceding the filing of an application for a
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 8   handgun license;
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 9       6.   Two or more convictions of public intoxication pursuant to
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10   Section 8 of Title 37 of the Oklahoma Statutes, or a similar law of
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11   another state.   The preclusive period shall be three (3) years from
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12   the date of the completion of the last sentence;
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13       7.   Two or more misdemeanor convictions relating to intoxication
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14   or driving under the influence of an intoxicating substance or
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15   alcohol.   The preclusive period shall be three (3) years from the
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16   date of the completion of the last sentence or shall require a
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17   certified statement from a licensed physician stating that the
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18   person is not in need of substance abuse treatment;
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19       8.   A court order for a final Victim Protection Order against
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20   the applicant, as authorized by the Protection from Domestic Abuse
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21   Act, or any court order granting a final victim protection order
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22   against the applicant from another state.   The preclusive period
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23   shall be three (3) years from the date of the entry of the final
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     Req. No. 1222                                                Page 4
 1   court order, or sixty (60) days from the date an order was vacated,
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 2   canceled or withdrawn;
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 3       9.    An adjudicated delinquent or convicted felon residing in the
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 4   residence of the applicant which may be a violation of Section 1283
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 5   of this title.    The preclusive period shall be thirty (30) days from
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 6   the date the person no longer resides in the same residence as the
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 7   applicant; or
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 8       10.   An arrest for an alleged commission of, a charge pending
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 9   for, or the person is subject to the provisions of a deferred
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10   prosecution for any one or more of the following misdemeanor
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11   offenses in this state or another state:
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12             a.    any assault and battery which caused serious physical
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13                   injury to the victim or any second or subsequent
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14                   assault and battery,
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15             b.    any aggravated assault and battery,
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16             c.    any stalking pursuant to Section 1173 of this title,
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17                   or a similar law of another state,
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18             d.    any violation of the Protection from Domestic Abuse
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19                   Act or any violation of a victim protection order of
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20                   another state,
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21             e.    any violation relating to illegal drug use or
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22                   possession except for an applicant or licensee in
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23                   legal possession of a medical marijuana card, or
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     Req. No. 1222                                                   Page 5
 1             f.     an act of domestic abuse as defined by Section 644 of
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 2                    this title or an act of domestic assault and battery
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 3                    or any comparable acts under the law of another state.
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 4   The preclusive period shall be until the final determination of the
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 5   matter.    The preclusive period for a person subject to the
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 6   provisions of a deferred sentence for the offenses mentioned in this
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 7   paragraph shall be three (3) years and shall begin upon the final
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 8   determination of the matter.
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 9       B.    Nothing in this section shall be construed to require a full
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10   investigation of the applicant by the Oklahoma State Bureau of
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11   Investigation.
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12       C.    Nothing in this section shall be construed to allow the
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13   Oklahoma State Bureau of Investigation to deny an otherwise
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14   qualified applicant from obtaining a handgun license pursuant to the
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15   Oklahoma Self-Defense Act solely on the basis of the applicant being
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16   a lawful holder of a medical marijuana license.
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17       SECTION 3.    This act shall become effective November 1, 2019.
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19       57-1-1222        BHG       2/6/2019 9:34:48 AM
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     Req. No. 1222                                                  Page 6
Statutes affected: 
Introduced: 21-1289.9, 21-1290.11
Senate Committee Substitute: 21-1289.9, 21-1290.11
Floor (House): 21-1289.9, 21-1290.11
Floor (Senate): 21-1289.9, 21-1290.11
Engrossed: 21-1289.9, 21-1290.11