1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 476 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to firearms; amending 21 O.S. 2021,
7 Section 1283, as amended by Section 1, Chapter 299,
8 O.S.L. 2022 (21 O.S. Supp. 2022, Section 1283), which
8 relates to convicted felons and delinquents;
9 modifying certain allowable carry; restoring certain
9 rights to carry; prohibiting certain carry for
10 certain persons; removing certain revocation; and
10 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1283, as
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15 amended by Section 1, Chapter 299, O.S.L. 2022 (21 O.S. Supp. 2022,
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16 Section 1283), is amended to read as follows:
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17 Section 1283.
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18 CONVICTED FELONS AND DELINQUENTS
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19 A. Except as provided in subsection B of this section, it shall
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20 be unlawful for any person convicted of any felony in any court of
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21 this state or of another state or of the United States to have in
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22 his or her possession or under his or her immediate control, or in
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23 any vehicle which the person is operating, or at the residence where
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24 the convicted person resides, any pistol, imitation or homemade
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 1 pistol, altered air or toy pistol, machine gun, sawed-off shotgun or
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2 sawed-off rifle, or any other firearm.
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3 B. Any person who has previously been convicted of a nonviolent
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4 felony in any court of this state or of another state or of the
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5 United States, and who has received a full and complete pardon from
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6 the proper authority and has not been convicted of any other felony
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7 offense which has not been pardoned, shall have restored the right
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8 to possess any firearm or other weapon prohibited by subsection A of
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9 this section, the right to apply for and carry a handgun, concealed
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10 or unconcealed, pursuant to the provisions of the Oklahoma Self-
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11 Defense Act or as otherwise permitted by law, and have the right to
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12 perform the duties of a peace officer, gunsmith, and for firearms
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13 repair all other duties requiring gun rights.
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14 C. 1. Notwithstanding the provisions of subsection B of this
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15 section, any person who:
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16 a. has previously been convicted of a nonviolent felony,
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17 and
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18 b. has completed the entirety of the sentence imposed for
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19 the offense and for a period of five (5) years since
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20 the completion of the sentence for the last felony
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21 offense has had no additional misdemeanor or felony
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22 offense convictions or charges pending,
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23 shall have restored the right to possess, carry, or transport any
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24 non-semi-automatic firearm, may apply for and carry a handgun,
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 1 concealed or unconcealed, pursuant to the provisions of the Oklahoma
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2 Self-Defense Act or as otherwise permitted by law, and shall have
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3 the right to perform the duties of a gunsmith and all other duties
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4 requiring gun rights.
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5 2. A person who has gun rights restored pursuant to this
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6 provision shall have those rights forfeited upon conviction of a
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7 subsequent misdemeanor or felony violation.
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8 3. A person convicted of any of the following non-violent
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9 felony offenses shall not be eligible to have gun rights restored as
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10 provided in this subsection:
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11 a. child endangerment, as provided in Section 852.1 of
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12 this title,
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13 b. domestic abuse, domestic abuse of a pregnant woman,
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14 domestic abuse in the presence of a child, and
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15 domestic abuse resulting in great bodily injury, as
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16 provided in Section 644 of this title,
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17 c. incest, as provided in Section 885 of this title,
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18 d. indecent exposure, as provided in Section 1021 of this
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19 title,
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20 e. sexual assault, as provided in Section 681 of this
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21 title,
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22 f. stalking, as provided in Section 1173 of this title,
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 1 g. violations of a protective order, as provided in
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2 Section 1173 of this title and Section 60.6 of Title
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3 22 of the Oklahoma Statutes, and
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4 h. violations of the Sex Offenders Registration Act, as
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5 provided in Sections 587, 590, and 590.1 of Title 57
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6 of the Oklahoma Statutes.
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7 D. It shall be unlawful for any person serving a term of
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8 probation for any felony in any court of this state or of another
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9 state or of the United States or under the jurisdiction of any
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10 alternative court program to have in his or her possession or under
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11 his or her immediate control, or at his or her residence, or in any
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12 passenger vehicle which the person is operating, any pistol, shotgun
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13 or rifle including any imitation or homemade pistol, altered air or
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14 toy pistol, toy shotgun or toy rifle, while such person is subject
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15 to supervision, probation, parole or inmate status.
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16 D. E. It shall be unlawful for any person previously
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17 adjudicated as a delinquent child or a youthful offender for the
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18 commission of an offense, which would have constituted a felony
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19 offense if committed by an adult, to have in the possession of the
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20 person or under the immediate control of the person, or have in any
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21 vehicle which he or she is driving, or at the residence of the
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22 person, any pistol, imitation or homemade pistol, altered air or toy
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23 pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any
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24 other dangerous or deadly firearm within ten (10) years after such
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 1 adjudication; provided, that nothing in this subsection shall be
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2 construed to prohibit the placement of the person in a home with a
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3 full-time duly appointed peace officer who is certified by the
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4 Council on Law Enforcement Education and Training (CLEET) pursuant
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5 to the provisions of Section 3311 of Title 70 of the Oklahoma
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6 Statutes.
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7 E. F. It shall be unlawful for any person who is an alien
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8 illegally or unlawfully in the United States to have in the
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9 possession of the person or under the immediate control of the
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10 person, or in any vehicle the person is operating, or at the
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11 residence where the person resides, any pistol, imitation or
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12 homemade pistol, altered air or toy pistol, shotgun, rifle or any
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13 other dangerous or deadly firearm; provided, that nothing in this
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14 subsection applies to prohibit the transport or detention of the
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15 person by law enforcement officers or federal immigration
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16 authorities. Any person who violates the provisions of this
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17 subsection shall, upon conviction, be guilty of a misdemeanor
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18 punishable by a fine of Two Hundred Fifty Dollars ($250.00).
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19 F. G. Any person having been issued a handgun license pursuant
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20 to the provisions of the Oklahoma Self-Defense Act and who knowingly
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21 or intentionally allows a convicted felon or adjudicated delinquent
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22 or a youthful offender as prohibited by the provisions of subsection
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23 A, C, D, or D E of this section to possess or have control of any
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24 firearm authorized by the Oklahoma Self-Defense Act shall, upon
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 1 conviction, be guilty of a felony punishable by a fine not to exceed
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2 Five Thousand Dollars ($5,000.00). In addition, the person shall
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3 have the handgun license revoked by the Oklahoma State Bureau of
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4 Investigation after a hearing and determination that the person has
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5 violated the provisions of this section.
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6 G. H. Any convicted or adjudicated person violating the
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7 provisions of this section shall, upon conviction, be guilty of a
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8 felony punishable as provided in Section 1284 of this title.
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9 H. I. For purposes of this section, “sawed-off shotgun” or
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10 “sawed-off rifle” shall mean any shotgun or rifle which the barrel
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11 or barrels have been illegally shortened in length.
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12 I. J. For purposes of this section, “altered toy pistol” shall
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13 mean any toy weapon which has been altered from its original
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14 manufactured state to resemble a real weapon.
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15 J. K. For purposes of this section, “altered air pistol” shall
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16 mean any air pistol manufactured to propel projectiles by air
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17 pressure which has been altered from its original manufactured
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18 state.
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19 K. L. For purposes of this section, “alternative court program”
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20 shall mean any drug court, Anna McBride or mental health court, DUI
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21 court or veterans court.
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22 SECTION 2. This act shall become effective November 1, 2023.
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24 59-1-106 JES 1/17/2023 1:22:19 PM
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Statutes affected:
Introduced: 21-1283
Floor (Senate): 21-1283