1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 2645 By: Steagall
4
5
6 AS INTRODUCED
7 An Act relating to firearms; amending 21 O.S. 2021,
Section 1277, which relates to the unlawful carry of
8 firearms in certain places; clarifying exemption that
authorizes the possession of firearms on certain
9 property; authorizing open carry on property of
nonprofit entities and public trusts under certain
10 circumstances; and providing an effective date.
11
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1277, is
15 amended to read as follows:
16 Section 1277. A. It shall be unlawful for any person,
17 including a person in possession of a valid handgun license issued
18 pursuant to the provisions of the Oklahoma Self-Defense Act, to
19 carry any concealed or unconcealed firearm into any of the following
20 places:
21 1. Any structure, building, or office space which is owned or
22 leased by a city, town, county, state or federal governmental
23 authority for the purpose of conducting business with the public;
24
Req. No. 6131 Page 1
1 2. Any courthouse, courtroom, prison, jail, detention facility
2 or any facility used to process, hold or house arrested persons,
3 prisoners or persons alleged delinquent or adjudicated delinquent,
4 except as provided in Section 21 of Title 57 of the Oklahoma
5 Statutes;
6 3. Any public or private elementary or public or private
7 secondary school, except as provided in subsections C and D of this
8 section;
9 4. Any publicly owned or operated sports arena or venue during
10 a professional sporting event, unless allowed by the event holder;
11 5. Any place where gambling is authorized by law, unless
12 allowed by the property owner;
13 6. Any other place specifically prohibited by law; and
14 7. Any property set aside by a county, city, town, public trust
15 with a county, city or town as a beneficiary, or state governmental
16 authority for an event that is secured with minimum-security
17 provisions. For purposes of this paragraph, a minimum-security
18 provision consists of a location that is secured utilizing the
19 following:
20 a. a metallic-style security fence that is at least eight
21 (8) feet in height that encompasses the property and
22 is secured in such a way as to deter unauthorized
23 entry,
24
Req. No. 6131 Page 2
1 b. controlled access points staffed by a uniformed,
2 commissioned peace officer, and
3 c. a metal detector whereby persons walk or otherwise
4 travel with their property through or by the metal
5 detector.
6 B. It shall be lawful for a person to carry a concealed or
7 unconcealed firearm on the following properties:
8 1. Any property set aside for the use or parking of any
9 vehicle, whether attended or unattended, by a city, town, county,
10 state or federal governmental authority;
11 2. Any property set aside for the use or parking of any
12 vehicle, whether attended or unattended, which is open to the
13 public, or by any entity engaged in gambling authorized by law;
14 3. Any property adjacent to a structure, building or office
15 space in which concealed or unconcealed weapons are prohibited by
16 the provisions of this section;
17 4. Any property designated by statute, ordinance, resolution,
18 policy, or use by a city, town, county or state governmental
19 authority as a street, plaza, sidewalk, alley, park, recreational
20 area, wildlife refuge, wildlife management area or fairgrounds;
21 provided, nothing in this paragraph shall be construed to authorize
22 any entry by a person in possession of a concealed or unconcealed
23 firearm into any structure, building, office space or event which is
24
Req. No. 6131 Page 3
1 specifically prohibited by the provisions of subsection A of this
2 section;
3 5. Any property set aside by a public or private elementary or
4 secondary school for the use or parking of any vehicle, whether
5 attended or unattended; provided, however, the firearm shall be
6 stored and hidden from view in a locked motor vehicle when the motor
7 vehicle is left unattended on school property; and
8 6. Any public property set aside temporarily by a county, city,
9 town, public trust with a county, city or town as a beneficiary, or
10 state governmental authority for the holder of an event permit that
11 is without minimum-security provisions, as such term is defined in
12 paragraph 7 of subsection A of this section; provided, the carry of
13 firearms within said permitted event area shall be limited to
14 concealed carry of a handgun unless otherwise authorized by the
15 holder of the event permit.
16 Nothing contained in any provision of this subsection or
17 subsection C of this section shall be construed to authorize or
18 allow any person in control of any place described in subsection A
19 of this section to establish any policy or rule that has the effect
20 of prohibiting any person in lawful possession of a handgun license
21 or otherwise in lawful possession of a firearm from carrying or
22 possessing the firearm on the property described in this subsection.
23 C. A concealed or unconcealed weapon may be carried onto
24 private school property or in any school bus or vehicle used by any
Req. No. 6131 Page 4
1 private school for transportation of students or teachers by a
2 person who is licensed pursuant to the Oklahoma Self-Defense Act,
3 provided a policy has been adopted by the governing entity of the
4 private school that authorizes the carrying and possession of a
5 weapon on private school property or in any school bus or vehicle
6 used by a private school. Except for acts of gross negligence or
7 willful or wanton misconduct, a governing entity of a private school
8 that adopts a policy which authorizes the possession of a weapon on
9 private school property, a school bus or vehicle used by the private
10 school shall not be subject to liability for any injuries arising
11 from the adoption of the policy. The provisions of this subsection
12 shall not apply to claims pursuant to the Administrative Workers'
13 Compensation Act.
14 D. Notwithstanding paragraph 3 of subsection A of this section,
15 a board of education of a school district may adopt a policy
16 pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to
17 authorize the carrying of a handgun onto school property by school
18 personnel specifically designated by the board of education,
19 provided such personnel either:
20 1. Possess a valid armed security guard license as provided for
21 in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or
22 2. Hold a valid reserve peace officer certification as provided
23 for in Section 3311 of Title 70 of the Oklahoma Statutes.
24
Req. No. 6131 Page 5
1 Nothing in this subsection shall be construed to restrict authority
2 granted elsewhere in law to carry firearms.
3 E. Notwithstanding the provisions of subsection A of this
4 section, on any property designated by statute, ordinance,
5 resolution, policy, or use by a municipality as a municipal zoo or
6 park, of any size that is owned, leased, operated or managed by:
7 1. A public trust created pursuant to the provisions of Section
8 176 of Title 60 of the Oklahoma Statutes; or
9 2. A nonprofit entity,
10 an individual shall be allowed to carry a concealed handgun but not
11 openly carry a handgun on the property; provided, however, an
12 individual may openly carry a handgun or other firearm on the
13 property with permission from the public trust or nonprofit entity.
14 F. Any person violating the provisions of paragraph 2 or 3 of
15 subsection A of this section shall, upon conviction, be guilty of a
16 misdemeanor punishable by a fine not to exceed Two Hundred Fifty
17 Dollars ($250.00). A person violating any other provision of
18 subsection A of this section may be denied entrance onto the
19 property or removed from the property. If the person refuses to
20 leave the property and a peace officer is summoned, the person may
21 be issued a citation for an amount not to exceed Two Hundred Fifty
22 Dollars ($250.00).
23 G. No person in possession of a valid handgun license issued
24 pursuant to the provisions of the Oklahoma Self-Defense Act or who
Req. No. 6131 Page 6
1 is carrying or in possession of a firearm as otherwise permitted by
2 law or who is carrying or in possession of a machete, blackjack,
3 loaded cane, hand chain or metal knuckles shall be authorized to
4 carry the firearm, machete, blackjack, loaded cane, hand chain or
5 metal knuckles into or upon any college, university or technology
6 center school property, except as provided in this subsection. For
7 purposes of this subsection, the following property shall not be
8 construed to be college, university or technology center school
9 property:
10 1. Any property set aside for the use or parking of any motor
11 vehicle, whether attended or unattended, provided the firearm,
12 machete, blackjack, loaded cane, hand chain or metal knuckles are
13 carried or stored as required by law and the firearm, machete,
14 blackjack, loaded cane, hand chain or metal knuckles are not removed
15 from the motor vehicle without the prior consent of the college or
16 university president or technology center school administrator while
17 the vehicle is on any college, university or technology center
18 school property;
19 2. Any property authorized for possession or use of firearms,
20 machetes, blackjacks, loaded canes, hand chains or metal knuckles by
21 college, university or technology center school policy; and
22 3. Any property authorized by the written consent of the
23 college or university president or technology center school
24 administrator, provided the written consent is carried with the
Req. No. 6131 Page 7
1 firearm, machete, blackjack, loaded cane, hand chain or metal
2 knuckles and the valid handgun license while on college, university
3 or technology center school property.
4 The college, university or technology center school may notify
5 the Oklahoma State Bureau of Investigation within ten (10) days of a
6 violation of any provision of this subsection by a licensee. Upon
7 receipt of a written notification of violation, the Bureau shall
8 give a reasonable notice to the licensee and hold a hearing. At the
9 hearing, upon a determination that the licensee has violated any
10 provision of this subsection, the licensee may be subject to an
11 administrative fine of Two Hundred Fifty Dollars ($250.00) and may
12 have the handgun license suspended for three (3) months.
13 Nothing contained in any provision of this subsection shall be
14 construed to authorize or allow any college, university or
15 technology center school to establish any policy or rule that has
16 the effect of prohibiting any person in lawful possession of a
17 handgun license or any person in lawful possession of a firearm,
18 machete, blackjack, loaded cane, hand chain or metal knuckles from
19 possession of a firearm, machete, blackjack, loaded cane, hand chain
20 or metal knuckles in places described in paragraphs 1, 2 and 3 of
21 this subsection. Nothing contained in any provision of this
22 subsection shall be construed to limit the authority of any college,
23 university or technology center school in this state from taking
24
Req. No. 6131 Page 8
1 administrative action against any student for any violation of any
2 provision of this subsection.
3 H. The provisions of this section shall not apply to the
4 following:
5 1. Any peace officer or any person authorized by law to carry a
6 firearm in the course of employment;
7 2. District judges, associate district judges and special
8 district judges, who are in possession of a valid handgun license
9 issued pursuant to the provisions of the Oklahoma Self-Defense Act
10 and whose names appear on a list maintained by the Administrative
11 Director of the Courts, when acting in the course and scope of
12 employment within the courthouses of this state;
13 3. Private investigators with a firearms authorization when
14 acting in the course and scope of employment;
15 4. Elected officials of a county, who are in possession of a
16 valid handgun license issued pursuant to the provisions of the
17 Oklahoma Self-Defense Act, may carry a concealed handgun when acting
18 in the performance of his or her duties within the courthouses of
19 the county in which he or she was elected. The provisions of this
20 paragraph shall not allow the elected county official to carry the
21 handgun into a courtroom;
22 5. The sheriff of any county may authorize certain employees of
23 the county, who possess a valid handgun license issued pursuant to
24 the provisions of the Oklahoma Self-Defense Act, to carry a
Req. No. 6131 Page 9
1 concealed handgun when acting in the course and scope of employment
2 within the courthouse in the county in which the person is employed.
3 Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff
4 from requiring additional instruction or training before granting
5 authorization to carry a concealed handgun within the courthouse.
6 The provisions of this paragraph and of paragraph 6 of this
7 subsection shall not allow the county employee to carry the handgun
8 into a courtroom, sheriff's office, adult or juvenile jail or any
9 other prisoner detention area; and
10 6. The board of county commissioners of any county may
11 authorize certain employees of the county, who possess a valid
12 handgun license issued pursuant to the provisions of the Oklahoma
13 Self-Defense Act, to carry a concealed handgun when acting in the
14 course and scope of employment on county annex facilities or grounds
15 surrounding the county courthouse.
16 I. For the purposes of this section, "motor vehicle" means any
17 automobile, truck, minivan, sports utility vehicle, or motorcycle,
18 as defined in Section 1-135 of Title 47 of the Oklahoma Statutes,
19 equipped with a locked accessory container within or affixed to the
20 motorcycle.
21 SECTION 2. This act shall become effective November 1, 2023.
22
23 59-1-6131 GRS 01/05/23
24
Req. No. 6131 Page 10