1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 820 By: Dahm
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7 AS INTRODUCED
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8 An Act relating to campus carry of firearms; amending
8 21 O.S. 2021, Section 1277, which relates to unlawful
9 carry in certain places; modifying allowable carry;
9 removing requirement for certain written consent;
10 allowing certain concealed carry; prohibiting certain
10 denial; allowing certain prohibition; defining term;
11 providing for certain immunity; providing construing
11 provisions; allowing certain redress; prohibiting
12 certain responsibility for loss or damage of firearms
12 or accessories; updating statutory language; and
13 providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
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19 amended to read as follows:
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20 Section 1277.
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21 UNLAWFUL CARRY IN CERTAIN PLACES
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22 A. It shall be unlawful for any person, including a person in
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23 possession of a valid handgun license issued pursuant to the
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 1 provisions of the Oklahoma Self-Defense Act, to carry any concealed
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2 or unconcealed firearm into any of the following places:
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3 1. Any structure, building, or office space which is owned or
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4 leased by a city, town, county, state or federal governmental
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5 authority for the purpose of conducting business with the public;
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6 2. Any courthouse, courtroom, prison, jail, detention facility
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7 or any facility used to process, hold or house arrested persons,
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8 prisoners or persons alleged delinquent or adjudicated delinquent,
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9 except as provided in Section 21 of Title 57 of the Oklahoma
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10 Statutes;
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11 3. Any public or private elementary or public or private
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12 secondary school, except as provided in subsections C and D of this
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13 section;
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14 4. Any publicly owned or operated sports arena or venue during
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15 a professional sporting event, unless allowed by the event holder;
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16 5. Any place where gambling is authorized by law, unless
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17 allowed by the property owner;
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18 6. Any other place specifically prohibited by law; and
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19 7. Any property set aside by a county, city, town, public trust
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20 with a county, city or town as a beneficiary, or state governmental
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21 authority for an event that is secured with minimum-security
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22 provisions. For purposes of this paragraph, a minimum-security
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23 provision consists of a location that is secured utilizing the
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24 following:
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 1 a. a metallic-style security fence that is at least eight
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2 (8) feet in height that encompasses the property and
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3 is secured in such a way as to deter unauthorized
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4 entry,
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5 b. controlled access points staffed by a uniformed,
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6 commissioned peace officer, and
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7 c. a metal detector whereby persons walk or otherwise
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8 travel with their property through or by the metal
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9 detector.
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10 B. It shall be lawful for a person to carry a concealed or
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11 unconcealed firearm on the following properties:
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12 1. Any property set aside for the use or parking of any
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13 vehicle, whether attended or unattended, by a city, town, county,
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14 state or federal governmental authority;
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15 2. Any property set aside for the use or parking of any
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16 vehicle, whether attended or unattended, which is open to the
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17 public, or by any entity engaged in gambling authorized by law;
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18 3. Any property adjacent to a structure, building or office
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19 space in which concealed or unconcealed weapons are prohibited by
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20 the provisions of this section;
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21 4. Any property designated by a city, town, county or state
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22 governmental authority as a park, recreational area, wildlife
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23 refuge, wildlife management area or fairgrounds; provided, nothing
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24 in this paragraph shall be construed to authorize any entry by a
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 1 person in possession of a concealed or unconcealed firearm into any
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2 structure, building, office space or event which is specifically
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3 prohibited by the provisions of subsection A of this section;
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4 5. Any property set aside by a public or private elementary or
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5 secondary school for the use or parking of any vehicle, whether
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6 attended or unattended; provided, however, the firearm shall be
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7 stored and hidden from view in a locked motor vehicle when the motor
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8 vehicle is left unattended on school property; and
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9 6. Any public property set aside temporarily by a county, city,
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10 town, public trust with a county, city or town as a beneficiary, or
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11 state governmental authority for the holder of an event permit that
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12 is without minimum-security provisions, as such term is defined in
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13 paragraph 7 of subsection A of this section; provided, the carry of
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14 firearms within said the permitted event area shall be limited to
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15 concealed carry of a handgun unless otherwise authorized by the
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16 holder of the event permit.
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17 Nothing contained in any provision of this subsection or
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18 subsection C of this section shall be construed to authorize or
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19 allow any person in control of any place described in subsection A
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20 of this section to establish any policy or rule that has the effect
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21 of prohibiting any person in lawful possession of a handgun license
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22 or otherwise in lawful possession of a firearm from carrying or
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23 possessing the firearm on the property described in this subsection.
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 1 C. A concealed or unconcealed weapon may be carried onto
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2 private school property or in any school bus or vehicle used by any
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3 private school for transportation of students or teachers by a
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4 person who is licensed pursuant to the Oklahoma Self-Defense Act,
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5 provided a policy has been adopted by the governing entity of the
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6 private school that authorizes the carrying and possession of a
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7 weapon on private school property or in any school bus or vehicle
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8 used by a private school. Except for acts of gross negligence or
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9 willful or wanton misconduct, a governing entity of a private school
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10 that adopts a policy which authorizes the possession of a weapon on
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11 private school property, a school bus or vehicle used by the private
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12 school shall not be subject to liability for any injuries arising
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13 from the adoption of the policy. The provisions of this subsection
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14 shall not apply to claims pursuant to the Administrative Workers’
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15 Compensation Act.
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16 D. Notwithstanding paragraph 3 of subsection A of this section,
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17 a board of education of a school district may adopt a policy
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18 pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to
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19 authorize the carrying of a handgun onto school property by school
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20 personnel specifically designated by the board of education,
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21 provided such personnel either:
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22 1. Possess a valid armed security guard license as provided for
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23 in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
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 1 2. Hold a valid reserve peace officer certification as provided
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2 for in Section 3311 of Title 70 of the Oklahoma Statutes.
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3 Nothing in this subsection shall be construed to restrict authority
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4 granted elsewhere in law to carry firearms.
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5 E. Notwithstanding the provisions of subsection A of this
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6 section, on any property designated as a municipal zoo or park of
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7 any size that is owned, leased, operated or managed by:
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8 1. A public trust created pursuant to the provisions of Section
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9 176 of Title 60 of the Oklahoma Statutes; or
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10 2. A nonprofit entity,
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11 an individual shall be allowed to carry a concealed handgun but not
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12 openly carry a handgun on the property.
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13 F. Any person violating the provisions of paragraph 2 or 3 of
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14 subsection A of this section shall, upon conviction, be guilty of a
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15 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
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16 Dollars ($250.00). A person violating any other provision of
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17 subsection A of this section may be denied entrance onto the
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18 property or removed from the property. If the person refuses to
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19 leave the property and a peace officer is summoned, the person may
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20 be issued a citation for an amount not to exceed Two Hundred Fifty
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21 Dollars ($250.00).
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22 G. No Any person who is not in possession of a valid handgun
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23 license issued pursuant to the provisions of the Oklahoma Self-
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24 Defense Act or who is carrying or in possession of a firearm as
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 1 otherwise permitted by law or who is carrying or in possession of a
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2 machete, blackjack, loaded cane, hand chain or metal knuckles shall
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3 not be authorized to carry the firearm, machete, blackjack, loaded
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4 cane, hand chain or metal knuckles into or upon any public college,
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5 university or technology center school property or building, except
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6 as provided in this subsection. For purposes of this subsection,
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7 the following property shall not be construed to be college,
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8 university or technology center school property:
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9 1. Any On any property set aside for the use or parking of any
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10 motor vehicle, whether attended or unattended, provided the firearm,
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11 machete, blackjack, loaded cane, hand chain or metal knuckles are
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12 carried or stored as required by law and the firearm, machete,
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13 blackjack, loaded cane, hand chain or metal knuckles are not removed
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14 from the motor vehicle without the prior consent of the college or
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15 university president or technology center school administrator while
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16 the vehicle is on any college, university or technology center
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17 school property;
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18 2. Any On any property authorized for possession or use of
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19 firearms, machetes, blackjacks, loaded canes, hand chains or metal
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20 knuckles by college, university or technology center school policy;
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21 and
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22 3. Any property authorized by the written consent of the
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23 college or university president or technology center school
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24 administrator, provided the written consent is carried with the
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 1 firearm, machete, blackjack, loaded cane, hand chain or metal
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2 knuckles and the valid handgun license while on college, university
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3 or technology center school property.
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4 The college, university or technology center school may notify
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5 the Oklahoma State Bureau of Investigation within ten (10) days of a
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6 violation of any provision of this subsection by a licensee. Upon
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7 receipt of a written notification of violation, the Bureau shall
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8 give a reasonable notice to the licensee and hold a hearing. At the
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9 hearing, upon a determination that the licensee has violated any
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10 provision of this subsection, the licensee may be subject to an
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11 administrative fine of Two Hundred Fifty Dollars ($250.00) and may
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12 have the handgun license suspended for three (3) months. Any person
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13 in possession of a valid handgun license issued pursuant to the
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14 provisions of the Oklahoma Self-Defense Act shall be authorized to
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15 carry a concealed handgun into or upon any public college, public
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16 university, or public technology center school property or building
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17 in which the person is authorized to be. Under no circumstances
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18 shall consent to carry a concealed handgun by a person with a valid
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19 handgun license on any public college, public university, or public
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20 technology center school property or building be denied by the
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21 public college, public university, or public technology center
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22 school administrator unless evidence is shown that the licensee has
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23 previously been involved in a violent incident or an act that showed
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 1 deliberate or reckless disregard for the health or safety of the
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2 faculty, staff, students, or any other person;
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3 4. The public college, public university, or public technology
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4 center school shall be authorized to prohibit any person who is or
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5 is not in possession of a valid handgun license issued pursuant to
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6 the provisions of the Oklahoma Self-Defense Act from carrying a
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7 concealed handgun or any other firearm into any event venue where a
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8 ticket of monetary value is purchased on the property or building
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9 venue of the public college, public university, or public technology
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10 center during the event; and
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11 5. For purposes of this subsection, “event venue” shall be
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12 defined as the venue of any athletic, theatric, musical, or similar
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13 event in which a ticket of monetary value is required for entry.
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14 Nothing contained in any provision of this subsection shall be
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15 construed to authorize or allow any college, university or
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16 technology center school to establish any policy or rule that has
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17 the effect of prohibiting any person in lawful possession of a
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18 handgun license or any person in lawful possession of a firearm,
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19 machete, blackjack, loaded cane, hand chain or metal knuckles from
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20 possession of a firearm, machete, blackjack, loaded cane, hand chain
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21 or metal knuckles in places described in paragraphs 1, 2 and 3 of
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22 this subsection. Nothing contained in any provision of this
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23 subsection shall be construed to limit the authority of any college,
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24 university or technology center school in this state from taking
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 1 administrative action against any student for any violation of any
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2 provision of this subsection.
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3 H. Except for gross negligence or acts of willful or wanton
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4 misconduct, any public or private college, university, or technology
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5 center school shall be immune from any liability arising from any
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6 accidental or self-defense act involving a firearm. The provisions
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7 of this subsection shall not apply to claims pursuant to the
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8 Administrative Workers’ Compensation Act.
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9 I. Nothing contained in any provision of the Oklahoma Self-
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10 Defense Act shall be construed to limit, restrict, or prohibit in
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11 any manner the existing rights of a private college, private
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12 university, or private technology center school to control the
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13 possession of weapons on any property owned or controlled by the
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14 private college, private university, or private technology school
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15 entity. Nothing contained in any provision of this subsection shall
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16 be construed to limit the authority of any private college, private
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17 university, or private technology center school in this state from
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18 taking administrative action against any person for any violation of
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19 any provision of this subsection.
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20 J. It shall not be considered part of an employee’s job
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21 description or within the employee’s scope of employment when an
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22 employee carries or discharges a firearm pursuant to this section.
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23 K. Nothing in this section shall prevent a public or private
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24 college, university, or technology school, employee, or person who
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 1 has suffered loss resulting from the discharge of a firearm to seek
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2 redress or damages of the person who discharge