Stillwater Armory
Guns, Gear, & Training

New Oklahoma Laws Going into Effect Nov 1

Law is provided in black text.

Commentary is provided in red text and only represents Stillwater Armory's opinion on the law and does not constitute legal advice.


Changes to the law effective Nov 1, 2013

House Bill 1243
Title 21 S 1290.11(A)(10) - Other Preclusions

  • An arrest for an alleged commission of, a charge pending for, or deferred prosecution for enumerated misdemeanor offenses is preclusive until final determination of the matter, unless the applicant is subject to the provisions of a deferred sentence.  If the applicant is subject to a deferred sentence the preclusive period is three years and begins upon final determination of the matter.

Previously there was a 3-year preclusion from final determination of the matter regardless of outcome.  With the law change, an applicant becomes immediately eligible if the charge is dismissed or declined.



House Bill 1462
Title 21 S 1290.14 - Safety and Training Course - Version 2

  • SDA instructors can apply for a five year ($100 fee) or ten year ($200 fee) license.  Renewing SDA instructors no longer have to submit fingerprints, therefore, processing through the county sheriff's office is not required.  Also, fees are now at the discretion of the SDA instructor.



House Bill 2162

Title 21 S 1277 - Unlawful Carry in Certain Places

  • Removed "Any meeting of any city, town, county, state or federal officials, school board members, legislative members, or any other elected or appointed officials" from list of places it is illegal to carry.
  • Added the ability for Private Schools to adopt a policy to allow carrying of a handgun onto private school property or buses.  Also made schools immune from liability except for gross negligence or willful or wanton misconduct.

Title 21 S 1280.1 - Possession of Firearm on School Property

  • Defined "Private School".
  • Added the ability for Private Schools to adopt a policy to allow carrying of a handgun onto private school property or buses.  Also made schools immune from liability except for gross negligence or willful or wanton misconduct.




House Bill 2170
Title 21 S 1272 - Unlawful Carry

  • Spring type knife was removed from prohibited weapons.




Senate Bill 173
Title 21 S 1290.2 - Definitions

  • "Concealed Handgun" now defined as "a loaded or unloaded pistol, the presence of which is not openly discernible to the ordinary observation of a reasonable person."

Title 21 S 1290.8 - Possession of License Required Notification of Police of Gun

  • Removed $50 administrative fine to OSBI for failure to carry SDA license and/or I.D. and/or failure to display the license on demand of law enforcement.

2 or more violations are still grounds for suspension of SDA license.

Title 21 S 1290.8 - Procedure for Application

  • Gives sheriffs the ability to issue no cost, temporary handgun licenses to individuals granted a permanent victim's protective order.  Temporary licenses can be issued for up to 6 months on a form approved by OSBI.

SDA training is a requirement.

Title 21 S 1290.22 - Business Owner's Rights

  • Business Owner's Rights were expanded to include "place of worship".
  • Business Owners seeking to prohibit entry to an individual carrying a firearm may do so, and should post signs stating such prohibition if open to the public.
  • Carrying a firearm onto property with a posted sign prohibiting the carrying of firearms is not a criminal act, but can result in a citation up to $250 if a peace officer is called and the person refuses to leave.
  • Business owners who allow carrying of firearms to anyone except convicted felons are immune from liability except for gross negligence or willful or wanton misconduct.

"No Guns Allowed" is still a policy of the business owner...not a law.  However, there is now some teeth to enforce the policy IF YOU REFUSE TO LEAVE.



2012 Changes


Suppressed Hunting Law - Nov 1, 2012


Section 5-201
A.  Except as otherwise provided for in this section, no person may utilize at any time, for the purpose of killing or capturing any game mammal, game bird or nongame bird, the following means:
5.  Any device which noticeably suppresses noise from a firearm, commonly known as a silencer suppressor.
E.  1.  The following persons shall be exempt from the prohibition specified in paragraph 5 of subsection A of the section:
a.  any person hunting on property owned by the person, and
b.  any guest or other person hunting on property with the permission of the owner of the property.
    2.  Nothing in this subsection shall be construed to exempt any person from the requirements and provisions of the National Firearms Act and regulations and tax requirements for lawful use of a weapon as described in paragraph 5 of subsection A of this section.

This law allows you to hunt with a suppressed weapon on your own property or while hunting on property you have permission to hunt.  This law does not speak to WMAs or other "Public" land.


Oklahoma Riot Control & Prevention Act, Nov 1 2012

B.  Notwithstanding this section or any other law of this state, neither the Governor nor any official of a municipal or state entity shall prohibit or suspend the sale, ownership, possession, transportation, carrying, transfer and storage of firearms, ammunition and ammunition accessories during a declared state of emergency, that are otherwise legal under state law.
C...
D.  Any individual aggrieved by a violation of subsection B of this section may seek relief in an action at law or in equity for redress against any person who subjects such individual or causes such individual to be subjected to an action prohibited by subsection B of this section.  In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm or ammunition in violation of subsection B of this section may bring an action for the return of such firearm or ammunition in district court of the county in which that individual resides or in which such firearm or ammunition is located.  In any action or proceeding to enforce the provisions of this section, the court shall award the prevailing plaintiff costs and reasonable attorney fees.

This law says that the government cannot confiscate firearms or ammunition during a state of emergency.  Think about what happened during Hurricane Katrina...this law will prevent that from happening in Oklahoma.  This law also has teeth in that if someone does try to confiscate weapons, the individual person, his/her superiors, all the way up to the Governor can be sued.

Constitutional Reciprocity - Nov 1, 2012

Section 1290.26
RECIPROCAL AGREEMENT AUTHORITY
The State of Oklahoma hereby recognizes any valid concealed carry weapons permit or license issued by another state, or if the state is a nonpermitting carry state, this state shall reciprocate under the permitting law of that state.
B.  Any person entering this state in possession of a firearm authorized for concealed carry upon the authority of a state that is a nonpermitted carry state and the person is in compliance with the Oklahoma Self-Defense Act, the person is authorized to carry a concealed firearm in this state.  The firearm must be carried fully concealed from detection and view, and upon coming in contact with any peace officer of this state, the person must disclose the fact that he or she is in possession of a concealed firearm pursuant to the nonpermitting laws of the state in which he or she is a legal resident in such a non-permitting state.  The Department of Public Safety shall keep a current list of non-permitting states for law enforcement officers to confirm that a state is nonpermitting.

This allows constitutional carry states such as Arizona, Alaska, and Vermont to legally carry in Oklahoma even though those states do not issue licenses.

SDA / Open Carry - Nov 1, 2012

2.  Establish a residency in the state of Oklahoma.  For purposes of the Oklahoma Self-Defense Act, the term "residency" shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card, and physically resides maintains a residence in this state or has permanent military orders within this state and possesses a valid driver license from another state where such person claims residency;

This allows people that have a residency in Oklahoma but are currently living elsewhere (such as on deployment for the military) to still obtain their license.

SECTION 1.  AMENDATORY  21 O.S. 2011, Section 1289.7a, is amended to read as follows:

Section 1289.7a.  A.  No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle, or from transporting and storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle.

The "or ammunition" section had to be added because some smart lawyers wrote into their company's policy that firearms stored in vehicles were fine due to Oklahoma law but you couldn't have ammunition.

Section 1289.6.
CONDITIONS UNDER WHICH FIREARMS MAY BE CARRIED
A.  A person shall be permitted to carry loaded and unloaded shotguns, rifles and pistols, open and not concealed and without a handgun license as authorized by the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, pursuant to the following conditions:

6.  For lawful self-defense and self-protection or any other legitimate purpose in or on property that is owned, leased, rented, or otherwise legally controlled by the person; or

This added a condition that allows you to carry on property you own, rent, lease, or otherwise control.

DEFINITIONS
A.  As used in Sections 1 through 25 of this act the Oklahoma Self-Defense Act:
1.  "Concealed handgun" means a loaded or unloaded pistol carried hidden from detection and view of another person either upon or about the person, in a purse or other container belonging to the person, or in a vehicle which is operated by the person or in which the person is riding as a passenger; and
2.  "Unconcealed handgun" means a loaded or unloaded pistol carried upon the person in a belt or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible; and

This adds the definition of unconcealed handgun as to how a handgun can be carried under the Oklahoma Self-Defense Act.

B.  The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma driver license or an Oklahoma State photo identification at all times when in possession of an authorized pistol.  The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand.

This allows an officer to request to see your license if he sees you carrying.  It does NOT allow him/her to disarm or restrain you in any way unless he/she has a reasonable belief you were doing something illegal and can articulate that reasonable belief.

C.  It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed or unconcealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop.  Said identification to the law enforcement officer shall be made at the first opportunity.  No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person's possession...

This is a GREAT change.  Just what determined "first"?  The first opportunity language gives everyone a reasonable opportunity to meet the requirements of the law.

Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment.  In addition to any criminal prosecution for a violation of the provisions of the subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection One Hundred Dollars ($100.00).

This changes the penalty for not notifying officers properly.

3.  As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.

Another great section of law.  The concern with open carry was municipalities were going to charge people lawfully carrying openly with disturbing the peace or some other offense.  This does not allow them to do so.



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