1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 1789 By: Williams
4
5
6 AS INTRODUCED
7 An Act relating to firearms; amending 21 O.S. 2021,
Sections 1290.2, 1290.4, 1290.7, 1290.8, 1290.24,
8 1290.25 and 1290.26, which relate to the Oklahoma
Self-Defense Act; updating and adding definitions;
9 authorizing the lawful carry of firearms by certain
persons; modifying references to handguns; adding
10 statutory references; deleting certain eligibility
requirements; specifying types of identification
11 necessary for carrying firearms; clarifying liability
provisions; updating references to certain named act;
12 modifying components of reciprocity requirements; and
providing an effective date.
13
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
16 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1290.2, is
17 amended to read as follows:
18 Section 1290.2
19 DEFINITIONS
20 A. As used in the Oklahoma Self-Defense Act:
21 1. "Completed application" means all fields are completed, all
22 questions are answered and the required signatures are present on
23 the application for a handgun license, and the required documents
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1 are attached to the application, including legible fingerprints, if
2 applicable;
3 2. "Concealed handgun" "Concealed firearm" means a loaded or
4 unloaded pistol or handgun firearm not openly visible to the
5 ordinary observation of a reasonable person;
6 3. "Unconcealed handgun" "Unconcealed firearm" or "open carry"
7 means a loaded or unloaded pistol or handgun firearm that is carried
8 upon the person in a holster where the firearm is visible, or
9 carried upon the person using a holster, scabbard, sling or case
10 designed for carrying firearms; and
11 4. "Pistol" or "handgun" shall have the same definition as
12 provided in the Oklahoma Firearms Act of 1971, defined in Section
13 1289.3 of this title;
14 5. "Rifle" shall have the same definition as provided in
15 Section 1289.4 of this title; and
16 6. "Shotgun" shall have the same definition as provided in
17 Section 1289.5 of this title.
18 B. The definition of pistol or handgun for purposes of the
19 Oklahoma Self-Defense Act shall not apply to imitation pistols,
20 flare guns, underwater fishing guns or blank pistols.
21 C. Pistols, handguns, rifles, shotguns, and all other lawful
22 firearms mentioned in the Oklahoma Self-Defense Act may collectively
23 be referred to as "firearms".
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1 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.4, is
2 amended to read as follows:
3 Section 1290.4
4 UNLAWFUL CARRY
5 As Except as provided by Section 1272 of this title, it is
6 unlawful shall be lawful for any person a citizen or lawful
7 permanent resident, who can lawfully purchase or possess a firearm
8 under state law, to carry or transport a concealed or unconcealed
9 handgun firearm in this state, except as hereby authorized by the
10 provisions of the Oklahoma Self-Defense Act or as may otherwise be
11 provided by law.
12 SECTION 3. AMENDATORY 21 O.S. 2021, Section 1290.7, is
13 amended to read as follows:
14 Section 1290.7
15 CONSTRUING AUTHORITY OF LICENSE
16 A. The authority to carry a concealed or unconcealed handgun
17 pursuant to a valid handgun license firearm as authorized by the
18 provisions of the Oklahoma Self-Defense Act shall not be construed
19 to authorize any person to:
20 1. Carry or possess any weapon other than an authorized pistol
21 firearm as defined by the provisions of Section 1290.2 1289.3,
22 1289.4 or 1289.5 of this title;
23 2. Carry or possess any pistol firearm in any manner or in any
24 place otherwise prohibited by law;
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1 3. Carry or possess any prohibited ammunition or any illegal,
2 imitation or homemade pistol firearm in violation of state law;
3 4. Carry or possess any pistol firearm when the person is
4 prohibited by state or federal law from carrying or possessing any
5 firearm; or
6 5. Point, discharge or use the pistol firearm in any manner not
7 otherwise authorized by law.
8 B. The availability of a license ability to carry a firearm
9 pursuant to the provisions of the Oklahoma Self-Defense Act shall
10 not be construed to prohibit the lawful transport or carrying of a
11 handgun or pistol firearm in a vehicle or on or about the person,
12 whether concealed or unconcealed, loaded or unloaded, and without a
13 valid handgun license as permitted by law.
14 SECTION 4. AMENDATORY 21 O.S. 2021, Section 1290.8, is
15 amended to read as follows:
16 Section 1290.8
17 POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN
18
A. Except as otherwise prohibited by law, an eligible person
19
shall have authority to carry a concealed or unconcealed handgun
20
firearm in this state when:
21
1. The person has been issued a handgun license from the
22
Oklahoma State Bureau of Investigation pursuant to the provisions of
23
the Oklahoma Self-Defense Act, provided the person is in compliance
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1 with the provisions of the Oklahoma Self-Defense Act, and the
2 license has not expired or been subsequently suspended or revoked;
3 or
4 2. The person is twenty-one (21) years of age or older, and is
5 either:
6 a. active military, or
7 b. a member of the Reserve or National Guard to include
8 Drill Status Guard and Reserve, Active Guard Reserves
9 or Military Technicians,
10 and presents a valid military identification card that shall be
11 considered a valid handgun license issued authorized pursuant to the
12 Oklahoma Self-Defense Act provisions of Section 1272 of this title.
13 B. A person in possession of a valid state photo identification
14 card, driver license, or valid handgun license or who meets the
15 criteria and presents a valid military identification card as
16 provided for in this section and is in compliance with the
17 provisions of the Oklahoma Self-Defense Act shall be authorized to
18 carry such concealed or unconcealed handgun firearm while scouting
19 as it relates to hunting or fishing or while hunting or fishing.
20 C. The person shall be required to have possession of his or
21 her valid handgun license or, valid military identification card as
22 provided for qualified persons in this section and a, valid driver
23 license, or state photo identification card at all times when in
24 possession of an authorized pistol a firearm. The person shall
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1 display the either a valid handgun license or a, valid military
2 identification card, valid driver license, or valid state photo
3 identification card as provided for qualified persons in this
4 section on demand of a law enforcement officer; provided, however,
5 that in the absence of reasonable and articulable suspicion of other
6 criminal activity, an individual carrying an unconcealed or
7 concealed handgun firearm shall not be disarmed or physically
8 restrained unless the individual fails to display a one of the
9 following:
10 1. A valid handgun license or a;
11 2. A valid military identification card;
12 3. A valid driver license; or
13 4. A valid state photo identification card,
14 as provided for qualified persons in this section in response to
15 that demand. Any violation of the provisions of this subsection may
16 be punishable as a criminal offense as authorized by Section 1272 of
17 this title or pursuant to any other applicable provision of law.
18 Upon the arrest of any person for a violation of the provisions
19 of this subsection, the person may show proof to the court that a
20 valid handgun license and the other required, a valid military
21 identification card, a valid driver license, or a valid state photo
22 identification card has been issued to such person and the person
23 may state any reason why the valid handgun license, a valid military
24 identification card, valid driver license, or valid state photo
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1 identification card as provided for qualified persons in this
2 section or the other required identification was not carried by the
3 person as required by the Oklahoma Self-Defense Act. The court
4 shall dismiss an alleged violation of Section 1272 of this title
5 upon payment of court costs, if proof of a valid handgun license and
6 other required, a valid military identification card, a valid driver
7 license, or valid state photo identification card is shown to the
8 court within ten (10) days of the arrest of the person. The court
9 shall report a dismissal of a charge to the Bureau for consideration
10 of administrative proceedings against the licensee.
11 D. It shall be unlawful for any person to fail or refuse to
12 identify the fact that the person is in actual possession of a
13 concealed or unconcealed firearm pursuant to the authority of the
14 Oklahoma Self-Defense Act during the course of any arrest,
15 detainment, or routine traffic stop. Said identification to the law
16 enforcement officer shall be required upon the demand of by the law
17 enforcement officer. No person shall be required to identify
18 himself or herself as a handgun licensee or as lawfully in
19 possession of any other firearm if the law enforcement officer does
20 not demand the information. No person shall be required to identify
21 himself or herself as a handgun licensee being in possession of a
22 firearm when no handgun firearm is in the possession of the person
23 or in any vehicle in which the person is driving or is a passenger.
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1 Any violator of the provisions of this subsection may be issued a
2 citation for an amount not exceeding One Hundred Dollars ($100.00).
3 E. Any law enforcement officer coming in contact with a person
4 whose handgun license is suspended, or revoked, or expired, or who
5 is in possession of a handgun license which has not been lawfully
6 issued to that person, shall confiscate the license and return it to
7 the Oklahoma State Bureau of Investigation for appropriate
8 administrative proceedings against the licensee when the license is
9 no longer needed as evidence in any criminal proceeding.
10 F. Nothing in this section shall be construed to authorize a
11 law enforcement officer to inspect any weapon properly concealed or
12 unconcealed without probable cause that a crime has been committed.
13 SECTION 5. AMENDATORY 21 O.S. 2021, Section 1290.24, is
14 amended to read as follows:
15 Section 1290.24
16 IMMUNITY
17 A. The state or any political subdivision of the state, as
18 defined in Section 152 of Title 51 of the Oklahoma Statutes, and its
19 officers, agents and employees shall not be immune from subject to
20 liability resulting or arising from:
21 1. Failure to prevent the licensing of an individual for whom
22 the receipt of the license is unlawful pursuant to the provisions of
23 the Oklahoma Self-Defense Act or any other provision of law of this
24 state;
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1 2. Any action or misconduct with a firearm committed by a
2 person pursuant to the provisions of the Oklahoma Self-Defense Act
3 or by any person who obtains a firearm;
4 3. Any injury to any person during a handgun firearm training
5 course conducted by a firearms instructor certified by the Council
6 on Law Enforcement Education and Training to conduct training under
7 the Oklahoma Self-Defense Act, or injury from any misfire or
8 malfunction of any handgun firearm on a training course firing range
9 supervised by a certified firearms instructor under the provisions
10 of the Oklahoma Self-Defense Act, or any injury resulting from
11 carrying a concealed or unconcealed handgun firearm pursuant to a
12 handgun license any firearms training; and
13 4. Any action or finding pursuant to a hearing conducted in
14 accordance with the Administrative Procedures Act as required in the
15 Oklahoma Self-Defense Act.
16 B. Firearms instructors certified by the Council on Law
17 Enforcement Education and Training to conduct training for the
18 Oklahoma Self-Defense Act shall not be immune from subject to
19 liability to third persons resulting or arising from any claim based
20 on an act or omission of a trainee.
21 C. The provisions of this subsection shall not apply to claims
22 pursuant to the Administrative Workers' Compensation Act.
23 SECTION 6. AMENDATORY 21 O.S. 2021, Section 1290.25, is
24 amended to read as follows:
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1 Section 1290.25
2 LEGISLATIVE INTENT
3 The Legislature finds as a matter of public policy and fact that
4 it is necessary to provide statewide uniform standards for issuing
5 licenses to carry carrying concealed or unconcealed handguns
6 firearms for lawful self-defense and self-protection, and further
7 finds it necessary to occupy the field of regulation of the bearing
8 of concealed or unconcealed handguns firearms to ensure that no
9 honest, law-abiding citizen who qualifies pursuant to the provisions
10 of the Oklahoma Self-Defense Act is subjectively or arbitrarily
11 denied his or her rights. The Legislature does not delegate to the
12 Oklahoma State Bureau of Investigation any authority to regulate or
13 restrict the issuing of handgun licenses except as provided by the
14 provisions of this act the Oklahoma Self-Defense Act. Subjective or
15 arbitrary actions or rules which encumber the issuing process by
16 placing burdens on the applicant beyond those requirements detailed
17 in the provisions of the Oklahoma Self-Defense Act or which create
18 restrictions beyond those specified in this act the Oklahoma Self-
19 Defense Act are deemed to be in conflict with the intent of this act
20 the Oklahoma Self-Defense Act and are hereby prohibited. The
21 Oklahoma Self-Defense Act shall be liberally construed to carry out
22 the constitutional right to bear arms for self-defense and self-
23 protection. The provisions of the Oklahoma Self-Defense Act are
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1 cumulative to existing rights to bear arms and nothing in the
2 Oklahoma Self-Defense Act shall impair or diminish those rights.
3 However, the conditions that mandate the administrative actions
4 of license denial, suspension, revocation or an administrative fine
5 are intended to protect the health, safety and public welfare of the
6 citizens of this state. The restricting conditions specified in the
7 Oklahoma Self-Defense Act generally involve the criminal history,
8 mental state, alcohol or substance abuse of the applicant or
9 licensee, a hazard of domestic violence, a danger to police
10 officers, or the ability of the Oklahoma State Bureau of
11 Investigation to properly administer the Oklahoma Self-Defense Act.
12 The restricting conditions that establish a risk of injury or harm
13 to the public are tailored to reduce the risks to the benefit of the
14 citizens of this state.
15 SECTION 7. AMENDATORY 21 O.S. 2021, Section 1290.26, is
16 amended to read as follows:
17 Section 1290.26
18 RECIPROCAL AGREEMENT AUTHORITY
19 A. The State of Oklahoma shall hereby recognizes recognize any
20 valid concealed or unconcealed carry weapons permit, valid military
21 identification card as provided for qualified persons in Section
22 1290.8 of this title or license issued by another state, or if the
23 state is a nonpermitting carry state, this state shall reciprocate
24 under the permitting law of that state.
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1 A. B. Any person entering this state in possession of a firearm
2 authorized for concealed or unconcealed carry upon the authority and
3 license of another state or, a valid military identification card, a
4 valid driver license, or a valid state photo identification card, as
5 provided for qualified persons in Section 1290.8 of this title, is
6 authorized to continue to carry a concealed or unconcealed firearm
7 and license in this state; provided the license from the other state
8 or, a valid military identification card, a valid driver license, or
9 a valid state photo identification card, as provided for qualified
10 persons in Section 1290.8 of this title, remains valid. The firearm
11 must e