1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 644 By: Stephens
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6 AS INTRODUCED
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7 An Act relating to firearms; amending 21 O.S. 2011,
7 Section 1277, as last amended by Section 1, Chapter
8 235, O.S.L. 2019 (21 O.S. Supp. 2020, Section 1277),
8 which relates to the unlawful carry of firearms in
9 certain places; authorizing municipalities to allow
9 for the carry of concealed firearms by municipal
10 employees for personal protection; providing
10 eligibility requirements; providing conditions by
11 which firearms shall be carried and stored; providing
11 immunity from civil and criminal liability under
12 certain circumstances; prohibiting the carrying of
12 firearms at firearm-prohibited locations; providing
13 penalty; defining term; providing construing
13 provision related to the carrying of firearms by
14 municipal employees; amending 21 O.S. 2011, Section
14 1289.24, as last amended by Section 8, Chapter 1,
15 O.S.L. 2019 (21 O.S. Supp. 2020, Section 1289.24),
15 which relates to firearm regulation; modifying state
16 preemption; authorizing courts to order political
16 subdivisions to pay reasonable expenses under certain
17 circumstances; defining term; and providing an
17 effective date.
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20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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21 SECTION 1. AMENDATORY 21 O.S. 2011, Section 1277, as
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22 last amended by Section 1, Chapter 235, O.S.L. 2019 (21 O.S. Supp.
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23 2020, Section 1277), is amended to read as follows:
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24 Section 1277.
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Req. No. 1565 Page 1
1 UNLAWFUL CARRY IN CERTAIN PLACES
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2 A. It shall be unlawful for any person, including a person in
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3 possession of a valid handgun license issued pursuant to the
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4 provisions of the Oklahoma Self-Defense Act, to carry any concealed
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5 or unconcealed handgun firearm into any of the following places:
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6 1. Any structure, building, or office space which is owned or
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7 leased by a city, town, county, state or federal governmental
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8 authority for the purpose of conducting business with the public;
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9 2. Any courthouse, courtroom, prison, jail, detention facility
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10 or any facility used to process, hold or house arrested persons,
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11 prisoners or persons alleged delinquent or adjudicated delinquent,
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12 except as provided in Section 21 of Title 57 of the Oklahoma
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13 Statutes;
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14 3. Any public or private elementary or public or private
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15 secondary school, except as provided in subsections C and D of this
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16 section;
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17 4. Any publicly owned or operated sports arena or venue during
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18 a professional sporting event, unless allowed by the event holder;
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19 5. Any place where gambling is authorized by law, unless
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20 allowed by the property owner; and
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21 6. Any other place specifically prohibited by law.
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22 B. For purposes of subsection A of this section, the prohibited
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23 place does not include and specifically excludes the following
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24 property:
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Req. No. 1565 Page 2
1 1. Any property set aside for the use or parking of any
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2 vehicle, whether attended or unattended, by a city, town, county,
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3 state or federal governmental authority;
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4 2. Any property set aside for the use or parking of any
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5 vehicle, whether attended or unattended, which is open to the
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6 public, or by any entity engaged in gambling authorized by law;
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7 3. Any property adjacent to a structure, building or office
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8 space in which concealed or unconcealed weapons are prohibited by
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9 the provisions of this section;
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10 4. Any property designated by a city, town, county or state
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11 governmental authority as a park, recreational area, wildlife
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12 refuge, wildlife management area or fairgrounds; provided, nothing
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13 in this paragraph shall be construed to authorize any entry by a
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14 person in possession of a concealed or unconcealed firearm into any
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15 structure, building or office space which is specifically prohibited
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16 by the provisions of subsection A of this section; and
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17 5. Any property set aside by a public or private elementary or
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18 secondary school for the use or parking of any vehicle, whether
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19 attended or unattended; provided, however, the firearm shall be
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20 stored and hidden from view in a locked motor vehicle when the motor
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21 vehicle is left unattended on school property.
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22 Nothing contained in any provision of this subsection or
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23 subsection C of this section shall be construed to authorize or
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24 allow any person in control of any place described in subsection A
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Req. No. 1565 Page 3
1 of this section to establish any policy or rule that has the effect
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2 of prohibiting any person in lawful possession of a handgun license
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3 or otherwise in lawful possession of a firearm from carrying or
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4 possessing the firearm on the property described in this subsection.
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5 C. A concealed or unconcealed weapon may be carried onto
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6 private school property or in any school bus or vehicle used by any
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7 private school for transportation of students or teachers by a
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8 person who is licensed pursuant to the Oklahoma Self-Defense Act,;
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9 provided, a policy has been adopted by the governing entity of the
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10 private school that authorizes the carrying and possession of a
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11 weapon on private school property or in any school bus or vehicle
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12 used by a private school. Except for acts of gross negligence or
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13 willful or wanton misconduct, a governing entity of a private school
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14 that adopts a policy which authorizes the possession of a weapon on
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15 private school property, a school bus or vehicle used by the private
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16 school shall be immune from liability for any injuries arising from
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17 the adoption of the policy. The provisions of this subsection shall
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18 not apply to claims pursuant to the Administrative Workers’
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19 Compensation Act.
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20 D. Notwithstanding paragraph 3 of subsection A of this section,
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21 a board of education of a school district may adopt a policy
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22 pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to
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23 authorize the carrying of a handgun onto school property by school
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1 personnel specifically designated by the board of education,;
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2 provided, such personnel either:
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3 1. Possess a valid armed security guard license as provided for
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4 in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
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5 2. Hold a valid reserve peace officer certification as provided
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6 for in Section 3311 of Title 70 of the Oklahoma Statutes.
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7 Nothing in this subsection shall be construed to restrict authority
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8 granted elsewhere in law to carry firearms.
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9 E. In any municipal zoo or park of any size that is owned,
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10 leased, operated or managed by:
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11 1. A public trust created pursuant to the provisions of Section
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12 176 of Title 60 of the Oklahoma Statutes; or
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13 2. A nonprofit entity,
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14 an individual shall be allowed to carry a concealed handgun but not
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15 openly carry a handgun on the property.
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16 F. Any person violating the provisions of paragraph 2 or 3 of
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17 subsection A of this section shall, upon conviction, be guilty of a
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18 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
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19 Dollars ($250.00). A person violating any other provision of
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20 subsection A of this section may be denied entrance onto the
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21 property or removed from the property. If the person refuses to
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22 leave the property and a peace officer is summoned, the person may
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23 be issued a citation for an amount not to exceed Two Hundred Fifty
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24 Dollars ($250.00).
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Req. No. 1565 Page 5
1 G. No person in possession of a valid handgun license issued
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2 pursuant to the provisions of the Oklahoma Self-Defense Act or who
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3 is carrying or in possession of a firearm as otherwise permitted by
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4 law or who is carrying or in possession of a machete, blackjack,
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5 loaded cane, hand chain or metal knuckles shall be authorized to
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6 carry the firearm, machete, blackjack, loaded cane, hand chain or
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7 metal knuckles into or upon any college, university or technology
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8 center school property, except as provided in this subsection. For
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9 purposes of this subsection, the following property shall not be
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10 construed to be college, university or technology center school
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11 property:
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12 1. Any property set aside for the use or parking of any motor
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13 vehicle, whether attended or unattended, provided the firearm,
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14 machete, blackjack, loaded cane, hand chain or metal knuckles are
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15 carried or stored as required by law and the firearm, machete,
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16 blackjack, loaded cane, hand chain or metal knuckles are not removed
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17 from the motor vehicle without the prior consent of the college or
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18 university president or technology center school administrator while
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19 the vehicle is on any college, university or technology center
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20 school property;
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21 2. Any property authorized for possession or use of firearms,
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22 machetes, blackjacks, loaded canes, hand chains or metal knuckles by
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23 college, university or technology center school policy; and
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1 3. Any property authorized by the written consent of the
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2 college or university president or technology center school
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3 administrator, provided the written consent is carried with the
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4 firearm, machete, blackjack, loaded cane, hand chain or metal
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5 knuckles and the valid handgun license while on college, university
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6 or technology center school property.
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7 The college, university or technology center school may notify
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8 the Oklahoma State Bureau of Investigation within ten (10) days of a
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9 violation of any provision of this subsection by a licensee. Upon
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10 receipt of a written notification of violation, the Bureau shall
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11 give a reasonable notice to the licensee and hold a hearing. At the
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12 hearing, upon a determination that the licensee has violated any
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13 provision of this subsection, the licensee may be subject to an
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14 administrative fine of Two Hundred Fifty Dollars ($250.00) and may
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15 have the handgun license suspended for three (3) months.
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16 Nothing contained in any provision of this subsection shall be
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17 construed to authorize or allow any college, university or
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18 technology center school to establish any policy or rule that has
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19 the effect of prohibiting any person in lawful possession of a
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20 handgun license or any person in lawful possession of a firearm,
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21 machete, blackjack, loaded cane, hand chain or metal knuckles from
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22 possession of a firearm, machete, blackjack, loaded cane, hand chain
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23 or metal knuckles in places described in paragraphs 1, 2 and 3 of
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24 this subsection. Nothing contained in any provision of this
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Req. No. 1565 Page 7
1 subsection shall be construed to limit the authority of any college,
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2 university or technology center school in this state from taking
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3 administrative action against any student for any violation of any
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4 provision of this subsection.
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5 H. The provisions of this section shall not apply to the
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6 following:
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7 1. Any peace officer or any person authorized by law to carry a
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8 firearm in the course of employment;
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9 2. District judges, associate district judges and special
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10 district judges, who are in possession of a valid handgun license
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11 issued pursuant to the provisions of the Oklahoma Self-Defense Act
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12 and whose names appear on a list maintained by the Administrative
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13 Director of the Courts, when acting in the course and scope of
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14 employment within the courthouses of this state;
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15 3. Private investigators with a firearms authorization when
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16 acting in the course and scope of employment;
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17 4. Elected officials of a county, who are in possession of a
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18 valid handgun license issued pursuant to the provisions of the
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19 Oklahoma Self-Defense Act, may carry a concealed handgun when acting
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20 in the performance of their duties within the courthouses of the
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21 county in which he or she was elected. The provisions of this
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22 paragraph shall not allow the elected county official to carry the
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23 handgun into a courtroom;
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Req. No. 1565 Page 8
1 5. The sheriff of any county may authorize certain employees of
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2 the county, who possess a valid handgun license issued pursuant to
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3 the provisions of the Oklahoma Self-Defense Act, to carry a
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4 concealed handgun when acting in the course and scope of employment
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5 within the courthouses in the county in which the person is
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6 employed. Nothing in the Oklahoma Self-Defense Act shall prohibit
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7 the sheriff from requiring additional instruction or training before
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8 receiving authorization to carry a concealed handgun within the
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9 courthouse. The provisions of this paragraph and of paragraph 6 of
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10 this subsection shall not allow the county employee to carry the
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11 handgun into a courtroom, sheriff’s office, adult or juvenile jail
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12 or any other prisoner detention area; and
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13 6. The board of county commissioners of any county may
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14 authorize certain employees of the county, who possess a valid
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15 handgun license issued pursuant to the provisions of the Oklahoma
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16 Self-Defense Act, to carry a concealed handgun when acting in the
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17 course and scope of employment on county annex facilities or grounds
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18 surrounding the county courthouse.
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19 I. 1. Municipalities may, by ordinance, authorize all or
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20 certain municipal employees to carry concealed firearms, as defined
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21 in Section 1290.2 of this title, for their personal protection
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22 according to the terms and conditions outlined in this subsection.
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23 To be eligible to carry a concealed firearm while working and
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24 employed on a municipal property, the employee must have been issued
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Req. No. 1565 Page 9
1 a valid handgun license pursuant to the provisions of the Oklahoma
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2 Self-Defense Act.
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3 2. Carrying a firearm as authorized in this section shall not
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4 in any way be considered a requirement for continued employment with
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5 the municipality, municipal authority or municipal trust.
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6 3. When carrying a firearm pursuant to this subsection, the
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7 employee shall at all times carry the firearm on his or her person
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8 or the firearm shall be stored in a locked and secured location
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9 which is permanently affixed or tethered at the expense of the
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10 employee and with permission of the governing body. The
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11 municipality shall not be liable for any loss, damage or injuries
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12 that occur in relation to or caused by the possession or storage of
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13 a firearm under the provisions of this subsection.
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14 4. Any municipal employee authorized to carry a firearm under
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15 the provisions of this subsection, while acting in a reasonable and
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16 prudent manner, shall be immune from civil and criminal liability
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17 for any injury resulting from the carrying, accidental discharge or
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18 intentional discharge of a handgun on municipal property as provided
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19 in this subsection. Any municipality, public authority or trust
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20 with a municipality as a beneficiary, city council, board of
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21 trustees or participating local law enforcement agency shall be
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22 immune from civil and criminal liability f