1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 721 By: Alvord
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6 AS INTRODUCED
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7 An Act relating to firearm training; amending 21 O.S.
7 2021, Sections 1290.14 and 1290.15, which relate to
8 safety and training course and persons exempt from
8 training course; clarifying language; directing
9 certain approval; removing certain time inclusion;
9 removing certain exemption requirement; and providing
10 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 1290.14, is
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15 amended to read as follows:
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16 Section 1290.14.
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17 SAFETY AND TRAINING COURSE
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18 A. Each applicant for a license to carry a concealed or
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19 unconcealed handgun pursuant to the Oklahoma Self-Defense Act must
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20 successfully complete a firearms safety and training course in this
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21 state conducted by a registered and approved firearms instructor as
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22 provided by the provisions of this section or from an interactive
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23 online firearms safety and training course available electronically
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24 via the Internet approved and certified by the Council on Law
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1 Enforcement Education and Training. The applicant must further
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2 demonstrate competence and qualification with an authorized pistol
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3 of the type or types that the applicant desires to carry as a
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4 concealed or unconcealed handgun pursuant to the provisions of the
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5 Oklahoma Self-Defense Act, except certain persons may be exempt from
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6 such training requirement as provided by the provisions of Section
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7 1290.15 of this title.
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8 B. The Council on Law Enforcement Education and Training
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9 (CLEET) shall establish criteria for approving firearms instructors
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10 and interactive online firearms safety and training courses
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11 available electronically via the Internet for purposes of training
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12 and qualifying individuals for a handgun license pursuant to the
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13 provisions of the Oklahoma Self-Defense Act. Prior to submitting an
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14 application for CLEET approval as a firearms instructor, applicants
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15 shall attend a firearms instructor school, meeting the following
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16 minimum requirements:
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17 1. Firearms instructor training conducted by one of the
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18 following entities:
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19 a. Council on Law Enforcement Education and Training,
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20 b. National Rifle Association,
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21 c. Oklahoma Rifle Association,
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22 d. federal law enforcement agencies, or
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23 e. other professionally recognized organizations;
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24 2. The course shall be at least sixteen (16) hours in length;
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1 3. Upon completion of the course, the applicant shall be
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2 qualified to provide instruction on revolvers, semiautomatic
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3 pistols, or both; and
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4 4. Receive a course completion certificate.
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5 All firearms instructors shall be required to meet the
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6 eligibility requirements for a handgun license as provided in
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7 Sections 1290.9, 1290.10, and 1290.11 of this title and the
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8 application shall be processed as provided for applicants in Section
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9 1290.12 of this title, including the state and national criminal
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10 history records search and fingerprint search. A firearms
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11 instructor shall be required to pay a fee of One Hundred Dollars
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12 ($100.00) to the Council on Law Enforcement Education and Training
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13 (CLEET) each time the person makes application for CLEET approval as
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14 a firearms instructor pursuant to the provisions of the Oklahoma
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15 Self-Defense Act. The fee shall be retained by CLEET and shall be
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16 deposited into the Firearms Instructors Revolving Fund. CLEET shall
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17 promulgate the rules, forms and procedures necessary to implement
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18 the approval of firearms instructors as authorized by the provisions
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19 of this subsection. CLEET shall periodically review each approved
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20 instructor during a training and qualification course to assure
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21 compliance with the rules and course contents. Any violation of the
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22 rules may result in the revocation or suspension of CLEET and
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23 Oklahoma State Bureau of Investigation approval. Unless the
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24 approval has been revoked or suspended, a firearms instructor’s
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1 CLEET approval shall be for a term of five (5) years. Beginning on
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2 July 1, 2003, any firearms instructor who has been issued a four-
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3 year CLEET approval shall not be eligible for the five-year approval
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4 until the expiration of the approval previously issued. CLEET shall
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5 be responsible for notifying all approved firearms instructors of
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6 statutory and policy changes related to the Oklahoma Self-Defense
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7 Act. A firearms instructor shall not be required to submit his or
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8 her fingerprints for a fingerprint search when renewing a firearms
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9 instructor’s CLEET approval.
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10 C. 1. All firearms instructors approved by CLEET to train and
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11 qualify individuals for a handgun license shall be required to apply
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12 for registration with the Oklahoma State Bureau of Investigation
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13 after receiving CLEET approval. All firearms instructors teaching
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14 the approved course for a handgun license must display their
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15 registration certificate during each training and qualification
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16 course. Each approved firearms instructor shall complete a
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17 registration form provided by the Bureau and shall have the option
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18 to pay a registration fee of either One Hundred Dollars ($100.00)
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19 for a five-year registration certificate or Two Hundred Dollars
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20 ($200.00) for a ten-year registration certificate to the Bureau at
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21 the time of each application for registration, except as provided in
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22 paragraph 2 of this subsection. Registration certificates issued by
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23 the Bureau shall be valid for a period of five (5) years or ten (10)
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24 years from the date of issuance. The Bureau shall issue a five-year
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1 or ten-year handgun license to an approved firearms instructor at
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2 the time of issuance of a registration certificate and no additional
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3 fee shall be required or charged. The Bureau shall maintain a
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4 current listing of all registered firearms instructors in this
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5 state. Nothing in this paragraph shall be construed to eliminate
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6 the requirement for registration and training with CLEET as provided
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7 in subsection B of this section. Failure to register or be trained
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8 as required shall result in a revocation or suspension of the
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9 instructor certificate by the Bureau.
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10 2. On or after July 1, 2003, the registered Registered
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11 instructors listed in subparagraphs a and b of this paragraph shall
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12 not be required to renew the firearms instructor registration
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13 certificate with the Oklahoma State Bureau of Investigation at the
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14 expiration of the registration term, provided the instructor is not
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15 subject to any suspension or revocation of the firearms instructor
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16 certificate. The firearms instructor registration with the Oklahoma
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17 State Bureau of Investigation shall automatically renew together
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18 with the handgun license authorized in paragraph 1 of this
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19 subsection for an additional five-year term and no additional cost
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20 or fee may be charged for the following individuals:
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21 a. an active duty law enforcement officer of this state
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22 or any of its political subdivisions or of the federal
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23 government who has a valid CLEET approval as a
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1 firearms instructor pursuant to the Oklahoma Self-
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2 Defense Act, and
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3 b. a retired law enforcement officer authorized to carry
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4 a firearm pursuant to Section 1289.8 of this title who
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5 has a valid CLEET approval as a firearms instructor
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6 pursuant to the Oklahoma Self-Defense Act.
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7 D. The Oklahoma State Bureau of Investigation shall approve
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8 registration for a firearms instructor applicant who is in full
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9 compliance with CLEET rules regarding firearms instructors and the
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10 provisions of subsection B of this section, if completion of the
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11 federal fingerprint search is the only reason for delay of
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12 registration of that firearms instructor applicant. Upon receipt of
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13 the federal fingerprint search information, if the Bureau receives
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14 information which precludes the person from having a handgun
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15 license, the Bureau shall revoke both the registration and the
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16 handgun license previously issued to the firearms instructor.
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17 E. The required firearms safety and training course and the
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18 actual demonstration of competency and qualification required of the
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19 applicant shall be designed and conducted in such a manner that the
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20 course can be reasonably completed by the applicant within an eight-
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21 hour period. CLEET shall establish the course content and
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22 promulgate rules, procedures and forms necessary to implement the
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23 provisions of this subsection. For the training and qualification
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24 course, an applicant may be charged a fee which shall be determined
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1 by the instructor or entity that is conducting the course. The
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2 maximum class size shall be determined by the instructor conducting
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3 the course; provided, however, practice shooting sessions shall not
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4 have more than ten participating students at one time. CLEET may
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5 establish criteria for assistant instructors and any other
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6 requirements deemed necessary to conduct a safe and effective
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7 training and qualification course. The course content shall include
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8 a safety inspection of the firearm to be used by the applicant in
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9 the training course; instruction on pistol handling, safety and
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10 storage; dynamics of ammunition and firing; methods or positions for
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11 firing a pistol; information about the criminal provisions of the
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12 Oklahoma law relating to firearms; the requirements of the Oklahoma
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13 Self-Defense Act as it relates to the applicant; self-defense and
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14 the use of appropriate force; a practice shooting session; and a
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15 familiarization course. The firearms instructor shall refuse to
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16 train or qualify any person when the pistol to be used or carried by
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17 the person is either deemed unsafe or unfit for firing or is a
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18 weapon not authorized by the Oklahoma Self-Defense Act. The course
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19 shall provide an opportunity for the applicant to qualify himself or
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20 herself on either a derringer, a revolver, a semiautomatic with a
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21 pistol or any combination of a derringer, a revolver and a
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22 semiautomatic pistol,; provided, no pistol shall be capable of
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23 firing larger than .45 caliber ammunition. Any applicant who
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24 successfully trains and qualifies himself or herself with a
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1 semiautomatic pistol may shall be approved by the firearms
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2 instructor on the training certificate for a semiautomatic pistol, a
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3 revolver and a derringer upon request of the applicant. Any person
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4 who qualifies on a derringer or revolver shall not be eligible for a
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5 semiautomatic rating until the person has demonstrated competence
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6 and qualifications on a semiautomatic pistol. Upon successful
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7 completion of the training and qualification course, a certificate
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8 of training and a certificate of competency and qualification shall
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9 be issued to each applicant who successfully completes the course.
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10 The certificate of training and certificate of competency and
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11 qualification shall comply with the forms established by CLEET and
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12 shall be submitted with an application for a handgun license
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13 pursuant to the provisions of paragraph 2 of subsection A of Section
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14 1290.12 of this title. The certificate of training and certificate
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15 of competency and qualification issued to an applicant shall be
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16 valid for a period of three (3) years.
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17 F. There is hereby created a revolving fund for the Council on
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18 Law Enforcement Education and Training (CLEET), to be designated the
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19 “Firearms Instructors Revolving Fund”. The fund shall be a
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20 continuing fund, not subject to fiscal year limitations, and shall
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21 consist of all funds received for approval of firearms instructors
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22 for purposes of the Oklahoma Self-Defense Act. All funds received
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23 shall be deposited to the fund. All monies accruing to the credit
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24 of said the fund are hereby appropriated and may be budgeted and
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1 expended by the Council on Law Enforcement Education and Training,
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2 for implementation of the training and qualification course
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3 contents, approval of firearms instructors and any other CLEET
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4 requirement pursuant to the provisions of the Oklahoma Self-Defense
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5 Act or as may otherwise be deemed appropriate by CLEET.
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6 Expenditures from said the fund shall be made upon warrants issued
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7 by the State Treasurer against claims filed as prescribed by law
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8 with the Director of the Office of Management and Enterprise
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9 Services for approval and payment.
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10 G. Firearms instructors shall keep on file for a period of not
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11 less than three (3) years a roster of each training class, the
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12 safety test score of each individual, the caliber and type of the
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13 weapon each individual used when qualifying and whether or not each
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14 individual successfully completed the training course. Firearms
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15 instructors shall be authorized to destroy all training documents
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16 and records upon expiration of the three-year time period.
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17 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.15, is
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18 amended to read as follows:
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19 Section 1290.15.
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20 PERSONS EXEMPT FROM TRAINING COURSE
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21 A. The following individuals may be exempt from all or part of
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22 the required training and qualification course established pursuant
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23 to the provisions of Section 1290.14 of this title:
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1 1. A firearms instructor registered with the Oklahoma State
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2 Bureau of Investigation for purposes of the Oklahoma Self-Defense
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3 Act;
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4 2. An active duty or reserve duty law enforcement officer of
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5 this state or any of its political subdivisions or of the federal
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6 government;
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7 3. A retired law enforcement officer authorized by this state
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8 pursuant to Section 1289.8 of this title to carry a firearm;
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9 4. A Council on Law Enforcement Education and Training (CLEET)
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10 certified armed security officer, armed guard, correctional officer,
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11 or any other person having a CLEET certification to carry a firearm
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12 in the course of their employment;
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13 5. A person on active military duty, National Guard duty or
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14 regular military reserve duty who is a legal resident of this state
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15 and who is trained and qualified in the use of handguns;
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16 6. A person honorably discharged from active military duty,
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17 National Guard duty or military reserves within twenty (20) years
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18 preceding the date of the application for a handgun license pursuant
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19 to the provisions of the Oklahoma Self-Defense Act, who is a legal
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20 resident of this state, and who has been trained and qualified in
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21 the use of handguns;
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22 7. A person retired as a peace offi