Bill Summary – FastDemocracy

1                              STATE OF OKLAHOMA
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 2                  1st Session of the 58th Legislature (2021)
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 3   SENATE BILL 186                       By: Bullard
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 6                                AS INTRODUCED
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 7            An Act relating to firearms; amending 21 O.S. 2011,
 7            Section 1283, as last amended by Section 3, Chapter
 8            1, O.S.L. 2019 (21 O.S. Supp. 2020, Section 1283),
 8            which relates to convicted felons and delinquents;
 9            modifying allowable carry; restoring certain rights
 9            to carry; prohibiting certain carry for persons
10            serving probation; removing certain revocation;
10            modifying definitions; and providing an effective
11            date.
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14   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15       SECTION 1.      AMENDATORY     21 O.S. 2011, Section 1283, as
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16   last amended by Section 3, Chapter 1, O.S.L. 2019 (21 O.S. Supp.
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17   2020, Section 1283), is amended to read as follows:
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18       Section 1283.
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19                       CONVICTED FELONS AND DELINQUENTS
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20       A.   Except as provided in subsection B of this section, it shall
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21   be unlawful for any person convicted of any felony in any court of
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22   this state or of another state or of the United States to have in
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23   his or her possession or under his or her immediate control, or in
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24   any vehicle which the person is operating, or in which the person is
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     Req. No. 268                                                   Page 1
 1   riding as a passenger, or at the residence where the convicted
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 2   person resides, any pistol, imitation or homemade pistol, altered
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 3   air or toy pistol, machine gun, sawed-off shotgun or sawed-off
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 4   rifle, or any other dangerous or deadly firearm.
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 5       B.   Any person who has previously been convicted of a nonviolent
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 6   felony in any court of this state or of another state or of the
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 7   United States, and who has received a full and complete pardon from
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 8   the proper authority and has not been convicted of any other
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 9   misdemeanor or felony offense which has not been pardoned for a
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10   period of five (5) years since the completion of the sentence for
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11   the last misdemeanor or felony offense and no felony and misdemeanor
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12   charges are pending against the person, shall have restored the
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13   right to possess, carry or transport any non-semi-automatic firearm
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14   or other weapon prohibited by subsection A of this section,. the
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15   right to The non-violent felon may apply for and carry a handgun,
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16   concealed or unconcealed, pursuant to the provisions of the Oklahoma
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17   Self-Defense Act or as otherwise permitted by law, and have the
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18   right to perform the duties of a peace officer, gunsmith, and for
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19   firearms repair all other duties requiring gun rights.
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20       C.   It shall be unlawful for any person serving a term of
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21   probation for any violent felony in any court of this state or of
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22   another state or of the United States or under the jurisdiction of
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23   any alternative court program to have in his or her possession or
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24   under his or her immediate control, or at his or her residence, or
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     Req. No. 268                                                Page 2
 1   in any passenger vehicle which the person is operating or is riding
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 2   as a passenger, any pistol, shotgun or rifle, including any
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 3   imitation or homemade pistol, altered air or toy pistol, toy shotgun
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 4   or toy rifle, while such person is subject to supervision,
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 5   probation, parole or inmate status.
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 6       D.   It shall be unlawful for any person previously adjudicated
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 7   as a delinquent child or a youthful offender for the commission of
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 8   an offense, which would have constituted a felony offense if
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 9   committed by an adult, to have in the possession of the person or
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10   under the immediate control of the person, or have in any vehicle
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11   which he or she is driving or in which the person is riding as a
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12   passenger, or at the residence of the person, any pistol, imitation
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13   or homemade pistol, altered air or toy pistol, machine gun, sawed-
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14   off shotgun or rifle, or any other dangerous or deadly firearm
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15   within ten (10) years after such adjudication; provided, that
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16   nothing in this subsection shall be construed to prohibit the
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17   placement of the person in a home with a full-time duly appointed
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18   peace officer who is certified by the Council on Law Enforcement
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19   Education and Training (CLEET) pursuant to the provisions of Section
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20   3311 of Title 70 of the Oklahoma Statutes.
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21       E.   It shall be unlawful for any person who is an alien
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22   illegally or unlawfully in the United States to have in the
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23   possession of the person or under the immediate control of the
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24   person, or in any vehicle the person is operating, or at the
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     Req. No. 268                                                   Page 3
 1   residence where the person resides, any pistol, imitation or
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 2   homemade pistol, altered air or toy pistol, shotgun, rifle or any
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 3   other dangerous or deadly firearm; provided, that nothing in this
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 4   subsection applies to prohibit the transport or detention of the
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 5   person by law enforcement officers or federal immigration
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 6   authorities.   Any person who violates the provisions of this
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 7   subsection shall, upon conviction, be guilty of a misdemeanor
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 8   punishable by a fine of Two Hundred Fifty Dollars ($250.00).
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 9       F.   Any person having been issued a handgun license pursuant to
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10   the provisions of the Oklahoma Self-Defense Act and who thereafter
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11   knowingly or intentionally allows a convicted felon or adjudicated
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12   delinquent or a youthful offender as prohibited by the provisions of
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13   subsection A, C, or D of this section to possess or have control of
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14   any pistol firearm authorized by the Oklahoma Self-Defense Act
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15   shall, upon conviction, be guilty of a felony punishable by a fine
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16   not to exceed Five Thousand Dollars ($5,000.00).   In addition, the
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17   person shall have the handgun license revoked by the Oklahoma State
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18   Bureau of Investigation after a hearing and determination that the
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19   person has violated the provisions of this section.
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20       G.   Any convicted or adjudicated person violating the provisions
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21   of this section shall, upon conviction, be guilty of a felony
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22   punishable as provided in Section 1284 of this title.
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     Req. No. 268                                                Page 4
 1       H.   For purposes of this section, “sawed-off shotgun” or “sawed-
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 2   off rifle” shall mean any shotgun or rifle which the barrel or
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 3   barrels has have been illegally shortened to any in length.
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 4       I.   For purposes of this section, "altered toy pistol" shall
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 5   mean any toy weapon which has been altered from its original
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 6   manufactured state to resemble a real weapon.
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 7       J.   For purposes of this section, "altered air pistol" shall
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 8   mean any air pistol manufactured to propel projectiles by air
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 9   pressure which has been altered from its original manufactured
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10   state.
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11       K.   For purposes of this section, "alternative court program"
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12   shall mean any drug court, Anna McBride or mental health court, DUI
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13   court or veterans court.
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14       SECTION 2.   This act shall become effective November 1, 2021.
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16       58-1-268       BG        12/28/2020 11:08:05 AM
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     Req. No. 268                                                  Page 5
Statutes affected: 
Introduced: 21-1283
Floor (Senate): 21-1283