1 STATE OF OKLAHOMA
1
2 1st Session of the 59th Legislature (2023)
2
3 SENATE BILL 658 By: Murdock
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to firearms; amending 21 O.S. 2021,
7 Section 1277, which relates to unlawful carry in
8 certain places; allowing lawful carry in certain
8 locations; requiring certain designations; allowing
9 carry with certain permission; and providing an
9 effective date.
10
10
11
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12
13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
13
14 amended to read as follows:
14
15 Section 1277.
15
16 UNLAWFUL CARRY IN CERTAIN PLACES
16
17 A. It shall be unlawful for any person, including a person in
17
18 possession of a valid handgun license issued pursuant to the
18
19 provisions of the Oklahoma Self-Defense Act, to carry any concealed
19
20 or unconcealed firearm into any of the following places:
20
21 1. Any structure, building, or office space which is owned or
21
22 leased by a city, town, county, state or federal governmental
22
23 authority for the purpose of conducting business with the public;
23
24
24
Req. No. 1131 Page 1
 1 2. Any courthouse, courtroom, prison, jail, detention facility
1
2 or any facility used to process, hold or house arrested persons,
2
3 prisoners or persons alleged delinquent or adjudicated delinquent,
3
4 except as provided in Section 21 of Title 57 of the Oklahoma
4
5 Statutes;
5
6 3. Any public or private elementary or public or private
6
7 secondary school, except as provided in subsections C and D of this
7
8 section;
8
9 4. Any publicly owned or operated sports arena or venue during
9
10 a professional sporting event, unless allowed by the event holder;
10
11 5. Any place where gambling is authorized by law, unless
11
12 allowed by the property owner;
12
13 6. Any other place specifically prohibited by law; and
13
14 7. Any property set aside by a county, city, town, public trust
14
15 with a county, city or town as a beneficiary, or state governmental
15
16 authority for an event that is secured with minimum-security
16
17 provisions. For purposes of this paragraph, a minimum-security
17
18 provision consists of a location that is secured utilizing the
18
19 following:
19
20 a. a metallic-style security fence that is at least eight
20
21 (8) feet in height that encompasses the property and
21
22 is secured in such a way as to deter unauthorized
22
23 entry,
23
24
24
Req. No. 1131 Page 2
 1 b. controlled access points staffed by a uniformed,
1
2 commissioned peace officer, and
2
3 c. a metal detector whereby persons walk or otherwise
3
4 travel with their property through or by the metal
4
5 detector.
5
6 B. It shall be lawful for a person to carry a concealed or
6
7 unconcealed firearm on the following properties:
7
8 1. Any property set aside for the use or parking of any
8
9 vehicle, whether attended or unattended, by a city, town, county,
9
10 state or federal governmental authority;
10
11 2. Any property set aside for the use or parking of any
11
12 vehicle, whether attended or unattended, which is open to the
12
13 public, or by any entity engaged in gambling authorized by law;
13
14 3. Any property adjacent to a structure, building or office
14
15 space in which concealed or unconcealed weapons are prohibited by
15
16 the provisions of this section;
16
17 4. Any property designated by a city, town, county or state
17
18 governmental authority as a street, plaza, sidewalk, alley, park,
18
19 recreational area, wildlife refuge, wildlife management area or
19
20 fairgrounds; provided, nothing in this paragraph shall be construed
20
21 to authorize any entry by a person in possession of a concealed or
21
22 unconcealed firearm into any structure, building, office space or
22
23 event which is specifically prohibited by the provisions of
23
24 subsection A of this section;
24
Req. No. 1131 Page 3
 1 5. Any property set aside by a public or private elementary or
1
2 secondary school for the use or parking of any vehicle, whether
2
3 attended or unattended; provided, however, the firearm shall be
3
4 stored and hidden from view in a locked motor vehicle when the motor
4
5 vehicle is left unattended on school property; and
5
6 6. Any public property set aside temporarily by a county, city,
6
7 town, public trust with a county, city or town as a beneficiary, or
7
8 state governmental authority for the holder of an event permit that
8
9 is without minimum-security provisions, as such term is defined in
9
10 paragraph 7 of subsection A of this section; provided, the carry of
10
11 firearms within said such permitted event area shall be limited to
11
12 concealed carry of a handgun unless otherwise authorized by the
12
13 holder of the event permit.
13
14 Nothing contained in any provision of this subsection or
14
15 subsection C of this section shall be construed to authorize or
15
16 allow any person in control of any place described in subsection A
16
17 of this section to establish any policy or rule that has the effect
17
18 of prohibiting any person in lawful possession of a handgun license
18
19 or otherwise in lawful possession of a firearm from carrying or
19
20 possessing the firearm on the property described in this subsection.
20
21 C. A concealed or unconcealed weapon may be carried onto
21
22 private school property or in any school bus or vehicle used by any
22
23 private school for transportation of students or teachers by a
23
24 person who is licensed pursuant to the Oklahoma Self-Defense Act,
24
Req. No. 1131 Page 4
 1 provided a policy has been adopted by the governing entity of the
1
2 private school that authorizes the carrying and possession of a
2
3 weapon on private school property or in any school bus or vehicle
3
4 used by a private school. Except for acts of gross negligence or
4
5 willful or wanton misconduct, a governing entity of a private school
5
6 that adopts a policy which authorizes the possession of a weapon on
6
7 private school property, a school bus or vehicle used by the private
7
8 school shall not be subject to liability for any injuries arising
8
9 from the adoption of the policy. The provisions of this subsection
9
10 shall not apply to claims pursuant to the Administrative Workers’
10
11 Compensation Act.
11
12 D. Notwithstanding paragraph 3 of subsection A of this section,
12
13 a board of education of a school district may adopt a policy
13
14 pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to
14
15 authorize the carrying of a handgun onto school property by school
15
16 personnel specifically designated by the board of education,
16
17 provided such personnel either:
17
18 1. Possess a valid armed security guard license as provided for
18
19 in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
19
20 2. Hold a valid reserve peace officer certification as provided
20
21 for in Section 3311 of Title 70 of the Oklahoma Statutes.
21
22 Nothing in this subsection shall be construed to restrict authority
22
23 granted elsewhere in law to carry firearms.
23
24
24
Req. No. 1131 Page 5
 1 E. Notwithstanding the provisions of subsection A of this
1
2 section, on any property designated by a municipality as a municipal
2
3 zoo or park of any size that is owned, leased, operated or managed
3
4 by:
4
5 1. A public trust created pursuant to the provisions of Section
5
6 176 of Title 60 of the Oklahoma Statutes; or
6
7 2. A nonprofit entity,
7
8 an individual shall be allowed to carry a concealed handgun but not
8
9 openly carry a handgun on the property; provided, however, an
9
10 individual may openly carry a firearm on the property with the
10
11 permission from the public trust or nonprofit entity.
11
12 F. Any person violating the provisions of paragraph 2 or 3 of
12
13 subsection A of this section shall, upon conviction, be guilty of a
13
14 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
14
15 Dollars ($250.00). A person violating any other provision of
15
16 subsection A of this section may be denied entrance onto the
16
17 property or removed from the property. If the person refuses to
17
18 leave the property and a peace officer is summoned, the person may
18
19 be issued a citation for an amount not to exceed Two Hundred Fifty
19
20 Dollars ($250.00).
20
21 G. No person in possession of a valid handgun license issued
21
22 pursuant to the provisions of the Oklahoma Self-Defense Act or who
22
23 is carrying or in possession of a firearm as otherwise permitted by
23
24 law or who is carrying or in possession of a machete, blackjack,
24
Req. No. 1131 Page 6
 1 loaded cane, hand chain or metal knuckles shall be authorized to
1
2 carry the firearm, machete, blackjack, loaded cane, hand chain or
2
3 metal knuckles into or upon any college, university or technology
3
4 center school property, except as provided in this subsection. For
4
5 purposes of this subsection, the following property shall not be
5
6 construed to be college, university or technology center school
6
7 property:
7
8 1. Any property set aside for the use or parking of any motor
8
9 vehicle, whether attended or unattended, provided the firearm,
9
10 machete, blackjack, loaded cane, hand chain or metal knuckles are
10
11 carried or stored as required by law and the firearm, machete,
11
12 blackjack, loaded cane, hand chain or metal knuckles are not removed
12
13 from the motor vehicle without the prior consent of the college or
13
14 university president or technology center school administrator while
14
15 the vehicle is on any college, university or technology center
15
16 school property;
16
17 2. Any property authorized for possession or use of firearms,
17
18 machetes, blackjacks, loaded canes, hand chains or metal knuckles by
18
19 college, university or technology center school policy; and
19
20 3. Any property authorized by the written consent of the
20
21 college or university president or technology center school
21
22 administrator, provided the written consent is carried with the
22
23 firearm, machete, blackjack, loaded cane, hand chain or metal
23
24
24
Req. No. 1131 Page 7
 1 knuckles and the valid handgun license while on college, university
1
2 or technology center school property.
2
3 The college, university or technology center school may notify
3
4 the Oklahoma State Bureau of Investigation within ten (10) days of a
4
5 violation of any provision of this subsection by a licensee. Upon
5
6 receipt of a written notification of violation, the Bureau shall
6
7 give a reasonable notice to the licensee and hold a hearing. At the
7
8 hearing, upon a determination that the licensee has violated any
8
9 provision of this subsection, the licensee may be subject to an
9
10 administrative fine of Two Hundred Fifty Dollars ($250.00) and may
10
11 have the handgun license suspended for three (3) months.
11
12 Nothing contained in any provision of this subsection shall be
12
13 construed to authorize or allow any college, university or
13
14 technology center school to establish any policy or rule that has
14
15 the effect of prohibiting any person in lawful possession of a
15
16 handgun license or any person in lawful possession of a firearm,
16
17 machete, blackjack, loaded cane, hand chain or metal knuckles from
17
18 possession of a firearm, machete, blackjack, loaded cane, hand chain
18
19 or metal knuckles in places described in paragraphs 1, 2 and 3 of
19
20 this subsection. Nothing contained in any provision of this
20
21 subsection shall be construed to limit the authority of any college,
21
22 university or technology center school in this state from taking
22
23 administrative action against any student for any violation of any
23
24 provision of this subsection.
24
Req. No. 1131 Page 8
 1 H. The provisions of this section shall not apply to the
1
2 following:
2
3 1. Any peace officer or any person authorized by law to carry a
3
4 firearm in the course of employment;
4
5 2. District judges, associate district judges and special
5
6 district judges, who are in possession of a valid handgun license
6
7 issued pursuant to the provisions of the Oklahoma Self-Defense Act
7
8 and whose names appear on a list maintained by the Administrative
8
9 Director of the Courts, when acting in the course and scope of
9
10 employment within the courthouses of this state;
10
11 3. Private investigators with a firearms authorization when
11
12 acting in the course and scope of employment;
12
13 4. Elected officials of a county, who are in possession of a
13
14 valid handgun license issued pursuant to the provisions of the
14
15 Oklahoma Self-Defense Act, may carry a concealed handgun when acting
15
16 in the performance of his or her duties within the courthouses of
16
17 the county in which he or she was elected. The provisions of this
17
18 paragraph shall not allow the elected county official to carry the
18
19 handgun into a courtroom;
19
20 5. The sheriff of any county may authorize certain employees of
20
21 the county, who possess a valid handgun license issued pursuant to
21
22 the provisions of the Oklahoma Self-Defense Act, to carry a
22
23 concealed handgun when acting in the course and scope of employment
23
24 within the courthouse in the county in which the person is employed.
24
Req. No. 1131 Page 9
 1 Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
1
2 from requiring additional instruction or training before granting
2
3 authorization to carry a concealed handgun within the courthouse.
3
4 The provisions of this paragraph and of paragraph 6 of this
4
5 subsection shall not allow the county employee to carry the handgun
5
6 into a courtroom, sheriff’s office, adult or juvenile jail or any
6
7 other prisoner detention area; and
7
8 6. The board of county commissioners of any county may
8
9 authorize certain employees of the county, who possess a valid
9
10 handgun license issued pursuant to the provisions of the Oklahoma
10
11 Self-Defense Act, to carry a concealed handgun when acting in the
11
12 course and scope of employment on county annex facilities or grounds
12
13 surrounding the county courthouse.
13
14 I. For the purposes of this section, “motor vehicle” means any
14
15 automobile, truck, minivan, sports utility vehicle, or motorcycle,
15
16 as defined in Section 1-135 of Title 47 of the Oklahoma Statutes,
16
17 equipped with a locked accessory container within or affixed to the
17
18 motorcycle.
18
19 SECTION 2. This act shall become effective November 1, 2023.
19
20
20
21 59-1-1131 JES 1/18/2023 10:53:39 AM
21
22
22
23
23
24
24
Req. No. 1131 Page 10