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Oklahoma Legislature· HB 1259Referred to Criminal Judiciary

An act relating to firearms, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1259               By: Hardin

4

5

6                               AS INTRODUCED

7   An Act relating to firearms; amending 21 O.S. 2021,

    Sections 1272 and 1277, which relate to the carrying

8   of firearms; authorizing the carry of concealed

    handguns at polling places; amending 21 O.S. 2021,

9   Section 1280.1, which relates to the possession of

    firearms on school property; authorizing the carry of

10  concealed handguns at polling places located on

    school property; amending 21 O.S. 2021, Section

11  1290.24, as amended by Section 5, Chapter 160, O.S.L.

    2023 (21 O.S. Supp. 2024, Section 1290.24), which

12  relates to the Oklahoma Self-Defense Act; providing

    immunity from certain conduct occurring at polling

13  places; and providing an effective date.

14

15

16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

17  SECTION 1.      AMENDATORY  21 O.S. 2021, Section 1272, is

18 amended to read as follows:

19  Section 1272.

20                              UNLAWFUL CARRY

21  A. Notwithstanding any other provision of law, it shall be

22 unlawful for any person to carry upon or about his or her person, or

23 in a purse or other container belonging to the person, any pistol,

24 revolver, shotgun or rifle whether loaded or unloaded or any

    Req. No. 10717                                               Page 1
1 blackjack, loaded cane, hand chain, metal knuckles, or any other

2 offensive weapon, whether such weapon be concealed or unconcealed,

3 except this section shall not prohibit:

4   1. The proper use of guns and knives for self-defense, hunting,

5 fishing, educational or recreational purposes;

6   2. The carrying or use of weapons in a manner otherwise

7 permitted by statute or authorized by the Oklahoma Self-Defense Act;

8   3. The carrying, possession and use of any weapon by a peace

9 officer or other person authorized by law to carry a weapon in the

10 performance of official duties and in compliance with the rules of

11 the employing agency;

12  4. The carrying or use of weapons in a courthouse by a district

13 judge, associate district judge or special district judge within

14 this state, who is in possession of a valid handgun license issued

15 pursuant to the provisions of the Oklahoma Self-Defense Act and

16 whose name appears on a list maintained by the Administrative

17 Director of the Courts;

18  5. The carrying and use of firearms and other weapons provided

19 in this subsection when used for the purpose of living history

20 reenactment. For purposes of this paragraph, "living history

21 reenactment" means depiction of historical characters, scenes,

22 historical life or events for entertainment, education, or

23 historical documentation through the wearing or use of period,

24

    Req. No. 10717                                                 Page 2
1 historical, antique or vintage clothing, accessories, firearms,

2 weapons, and other implements of the historical period; or

3   6. The transporting by vehicle on a public roadway or the

4 carrying of a firearm, concealed or unconcealed, loaded or unloaded,

5 by a person who is twenty-one (21) years of age or older or by a

6 person who is eighteen (18) years of age but not yet twenty-one (21)

7 years of age and the person is a member or veteran of the United

8 States Armed Forces, Reserves or National Guard or was discharged

9 under honorable conditions from the United States Armed Forces,

10 Reserves or National Guard, and the person is otherwise not

11 disqualified from the possession or purchase of a firearm under

12 state or federal law and is not carrying the firearm in furtherance

13 of a crime; or

14  7. The carrying of a concealed handgun at a polling place

15 during any election conducted by the State of Oklahoma, a county or

16 municipality by a person who is twenty-one (21) years of age or

17 older or by a person who is eighteen (18) years of age but not yet

18 twenty-one (21) years of age and the person is a member or veteran

19 of the United States Armed Forces, Reserves or National Guard or was

20 discharged under honorable conditions from the United States Armed

21 Forces, Reserves or National Guard, and the person is otherwise not

22 disqualified from the possession or purchase of a firearm under

23 state or federal law.

24

    Req. No. 10717                                                  Page 3
1   Except as provided in subsection B of Section 1283 of this

2 title, a person who has been convicted of any one of the following

3 offenses in this state or a violation of the equivalent law of

4 another state:

5   a. assault and battery pursuant to the provisions of

6   Section 644 of this title which caused serious

7   physical injury to the victim,

8   b. aggravated assault and battery pursuant to the

9   provisions of Section 646 of this title,

10  c. assault and battery that qualifies as domestic abuse

11  as defined in Section 644 of this title,

12  d. stalking pursuant to the provisions of Section 1173 of

13  this title,

14  e. a violation of an order issued under the Protection

15  from Domestic Abuse Act or a domestic abuse protection

16  order issued by another state, or

17  f. a violation relating to illegal drug use or possession

18  under the provisions of the Uniform Controlled

19  Dangerous Substances Act,

20 shall be prohibited from carrying a firearm under the provisions of

21 this paragraph. Any person who carries a firearm in the manner

22 provided for in this paragraph shall be prohibited from carrying the

23 firearm into any of the places prohibited in subsection A of Section

24 1277 of this title or any other place currently prohibited by law.

    Req. No. 10717                                                 Page 4
1 Nothing in this section shall modify or otherwise change where a

2 person may legally carry a firearm.

3   B. Any person convicted of violating the foregoing provision

4 shall be guilty of a misdemeanor punishable as provided in Section

5 1276 of this title.

6   SECTION 2.      AMENDATORY  21 O.S. 2021, Section 1277, is

7 amended to read as follows:

8   Section 1277.

9                   UNLAWFUL CARRY IN CERTAIN PLACES

10  A. It shall be unlawful for any person, including a person in

11 possession of a valid handgun license issued pursuant to the

12 provisions of the Oklahoma Self-Defense Act, to carry any concealed

13 or unconcealed firearm into any of the following places:

14  1. Any structure, building, or office space which is owned or

15 leased by a city, town, county, state or federal governmental

16 authority for the purpose of conducting business with the public;

17  2. Any courthouse, courtroom, prison, jail, detention facility

18 or any facility used to process, hold or house arrested persons,

19 prisoners or persons alleged delinquent or adjudicated delinquent,

20 except as provided in Section 21 of Title 57 of the Oklahoma

21 Statutes;

22  3. Any public or private elementary or public or private

23 secondary school, except as provided in subsections C and D of this

24 section;

    Req. No. 10717                                                Page 5
1   4. Any publicly owned or operated sports arena or venue during

2 a professional sporting event, unless allowed by the event holder;

3   5. Any place where gambling is authorized by law, unless

4 allowed by the property owner;

5   6. Any other place specifically prohibited by law; and

6   7. Any property set aside by a county, city, town, public trust

7 with a county, city or town as a beneficiary, or state governmental

8 authority for an event that is secured with minimum-security

9 provisions. For purposes of this paragraph, a minimum-security

10 provision consists of a location that is secured utilizing the

11 following:

12  a. a metallic-style security fence that is at least eight

13             (8) feet in height that encompasses the property and

14             is secured in such a way as to deter unauthorized

15             entry,

16  b. controlled access points staffed by a uniformed,

17             commissioned peace officer, and

18  c. a metal detector whereby persons walk or otherwise

19             travel with their property through or by the metal

20             detector.

21  B. 1. It shall be lawful for a person to carry a concealed or

22 unconcealed firearm on the following properties:

23  1. Any

24

    Req. No. 10717                                                 Page 6
1   a. any property set aside for the use or parking of any

2           vehicle, whether attended or unattended, by a city,

3           town, county, state or federal governmental

4           authority;,

5   2. Any

6   b. any property set aside for the use or parking of any

7           vehicle, whether attended or unattended, which is open

8           to the public, or by any entity engaged in gambling

9           authorized by law;,

10  3. Any

11  c. any property adjacent to a structure, building or

12          office space in which concealed or unconcealed weapons

13          are prohibited by the provisions of this section;,

14  4. Any

15  d. any property designated by a city, town, county or

16          state governmental authority as a park, recreational

17          area, wildlife refuge, wildlife management area or

18          fairgrounds; provided, nothing in this paragraph shall

19          be construed to authorize any entry by a person in

20          possession of a concealed or unconcealed firearm into

21          any structure, building, office space or event which

22          is specifically prohibited by the provisions of

23          subsection A of this section;,

24  5. Any

    Req. No. 10717                                           Page 7
1   e. any property set aside by a public or private

2           elementary or secondary school for the use or parking

3           of any vehicle, whether attended or unattended;

4           provided, however, the firearm shall be stored and

5           hidden from view in a locked motor vehicle when the

6           motor vehicle is left unattended on school property;,

7           and

8   6. Any

9   f. any public property set aside temporarily by a county,

10          city, town, public trust with a county, city or town

11          as a beneficiary, or state governmental authority for

12          the holder of an event permit that is without minimum-

13          security provisions, as such term is defined in

14          paragraph 7 of subsection A of this section; provided,

15          the carry of firearms within said permitted event area

16          shall be limited to concealed carry of a handgun

17          unless otherwise authorized by the holder of the event

18          permit.

19  2. The carrying of a concealed handgun at a polling place

20 during any election conducted by the State of Oklahoma, a county or

21 municipality by a person who is twenty-one (21) years of age or

22 older or by a person who is eighteen (18) years of age but not yet

23 twenty-one (21) years of age and the person is a member or veteran

24 of the United States Armed Forces, Reserves or National Guard or was

    Req. No. 10717                                                  Page 8
1 discharged under honorable conditions from the United States Armed

2 Forces, Reserves or National Guard, and the person is otherwise not

3 disqualified from the possession or purchase of a firearm under

4 state or federal law.

5   3. Nothing contained in any provision of this subsection or

6 subsection C of this section shall be construed to authorize or

7 allow any person in control of any place described in subsection A

8 of this section to establish any policy or rule that has the effect

9 of prohibiting any person in lawful possession of a handgun license

10 or otherwise in lawful possession of a firearm from carrying or

11 possessing the firearm on the property described in this subsection.

12  C. A concealed or unconcealed weapon may be carried onto

13 private school property or in any school bus or vehicle used by any

14 private school for transportation of students or teachers by a

15 person who is licensed pursuant to the Oklahoma Self-Defense Act,

16 provided a policy has been adopted by the governing entity of the

17 private school that authorizes the carrying and possession of a

18 weapon on private school property or in any school bus or vehicle

19 used by a private school. Except for acts of gross negligence or

20 willful or wanton misconduct, a governing entity of a private school

21 that adopts a policy which authorizes the possession of a weapon on

22 private school property, a school bus or vehicle used by the private

23 school shall not be subject to liability for any injuries arising

24 from the adoption of the policy. The provisions of this subsection

    Req. No. 10717                                                  Page 9
1 shall not apply to claims pursuant to the Administrative Workers'

2 Compensation Act.

3   D. Notwithstanding paragraph 3 of subsection A of this section,

4 a board of education of a school district may adopt a policy

5 pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to

6 authorize the carrying of a handgun onto school property by school

7 personnel specifically designated by the board of education,

8 provided such personnel either:

9   1. Possess a valid armed security guard license as provided for

10 in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; or

11  2. Hold a valid reserve peace officer certification as provided

12 for in Section 3311 of Title 70 of the Oklahoma Statutes.

13 Nothing in this subsection shall be construed to restrict authority

14 granted elsewhere in law to carry firearms.

15  E. Notwithstanding the provisions of subsection A of this

16 section, on any property designated as a municipal zoo or park of

17 any size that is owned, leased, operated or managed by:

18  1. A public trust created pursuant to the provisions of Section

19 176 of Title 60 of the Oklahoma Statutes; or

20  2. A nonprofit entity,

21 an individual shall be allowed to carry a concealed handgun but not

22 openly carry a handgun on the property.

23  F. Any person violating the provisions of paragraph 2 or 3 of

24 subsection A of this section shall, upon conviction, be guilty of a

    Req. No. 10717                                              Page 10
1 misdemeanor punishable by a fine not to exceed Two Hundred Fifty

2 Dollars ($250.00). A person violating any other provision of

3 subsection A of this section may be denied entrance onto the

4 property or removed from the property. If the person refuses to

5 leave the property and a peace officer is summoned, the person may

6 be issued a citation for an amount not to exceed Two Hundred Fifty

7 Dollars ($250.00).

8   G. No person in possession of a valid handgun license issued

9 pursuant to the provisions of the Oklahoma Self-Defense Act or who

10 is carrying or in possession of a firearm as otherwise permitted by

11 law or who is carrying or in possession of a machete, blackjack,

12 loaded cane, hand chain or metal knuckles shall be authorized to

13 carry the firearm, machete, blackjack, loaded cane, hand chain or

14 metal knuckles into or upon any college, university or technology

15 center school property, except as provided in this subsection. For

16 purposes of this subsection, the following property shall not be

17 construed to be college, university or technology center school

18 property:

19  1. Any property set aside for the use or parking of any motor

20 vehicle, whether attended or unattended, provided the firearm,

21 machete, blackjack, loaded cane, hand chain or metal knuckles are

22 carried or stored as required by law and the firearm, machete,

23 blackjack, loaded cane, hand chain or metal knuckles are not removed

24 from the motor vehicle without the prior consent of the college or

    Req. No. 10717                                                 Page 11
1 university president or technology center school administrator while

2 the vehicle is on any college, university or technology center

3 school property;

4   2. Any property authorized for possession or use of firearms,

5 machetes, blackjacks, loaded canes, hand chains or metal knuckles by

6 college, university or technology center school policy; and

7   3. Any property authorized by the written consent of the

8 college or university president or technology center school

9 administrator, provided the written consent is carried with the

10 firearm, machete, blackjack, loaded cane, hand chain or metal

11 knuckles and the valid handgun license while on college, university

12 or technology center school property.

13  The college, university or technology center school may notify

14 the Oklahoma State Bureau of Investigation within ten (10) days of a

15 violation of any provision of this subsection by a licensee. Upon

16 receipt of a written notification of violation, the Bureau shall

17 give a reasonable notice to the licensee and hold a hearing. At the

18 hearing, upon a determination that the licensee has violated any

19 provision of this subsection, the licensee may be subject to an

20 administrative fine of Two Hundred Fifty Dollars ($250.00) and may

21 have the handgun license suspended for three (3) months.

22  Nothing contained in any provision of this subsection shall be

23 construed to authorize or allow any college, university or

24 technology center school to establish any policy or rule that has

    Req. No. 10717                                                Page 12
1 the effect of prohibiting any person in lawful possession of a

2 handgun license or any person in lawful possession of a firearm,

3 machete, blackjack, loaded cane, hand chain or metal knuckles from

4 possession of a firearm, machete, blackjack, loaded cane, hand chain

5 or metal knuckles in places described in paragraphs 1, 2 and 3 of

6 this subsection. Nothing contained in any provision of this

7 subsection shall be construed to limit the authority of any college,

8 university or technology center school in this state from taking

9 administrative action against any student for any violation of any

10 provision of this subsection.

11  H. The provisions of this section shall not apply to the

12 following:

13  1. Any peace officer or any person authorized by law to carry a

14 firearm in the course of employment;

15  2. District judges, associate district judges and special

16 district judges, who are in possession of a valid handgun license

17 issued pursuant to the provisions of the Oklahoma Self-Defense Act

18 and whose names appear on a list maintained by the Administrative

19 Director of the Courts, when acting in the course and scope of

20 employment within the courthouses of this state;

21  3. Private investigators with a firearms authorization when

22 acting in the course and scope of employment;

23  4. Elected officials of a county, who are in possession of a

24 valid handgun license issued pursuant to the provisions of the

    Req. No. 10717                                                 Page 13
1 Oklahoma Self-Defense Act, may carry a concealed handgun when acting

2 in the performance of his or her duties within the courthouses of

3 the county in which he or she was elected. The provisions of this

4 paragraph shall not allow the elected county official to carry the

5 handgun into a courtroom;

6   5. The sheriff of any county may authorize certain employees of

7 the county, who possess a valid handgun license issued pursuant to

8 the provisions of the Oklahoma Self-Defense Act, to carry a

9 concealed handgun when acting in the course and scope of employment

10 within the courthouse in the county in which the person is employed.

11 Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff

12 from requiring additional instruction or training before granting

13 authorization to carry a concealed handgun within the courthouse.

14 The provisions of this paragraph and of paragraph 6 of this

15 subsection shall not allow the county employee to carry the handgun

16 into a courtroom, sheriff's office, adult or juvenile jail or any

17 other prisoner detention area; and

18  6. The board of county commissioners of any county may

19 authorize certain employees of the county, who possess a valid

20 handgun license issued pursuant to the provisions of the Oklahoma

21 Self-Defense Act, to carry a concealed handgun when acting in the

22 course and scope of employment on county annex facilities or grounds

23 surrounding the county courthouse.

24

    Req. No. 10717                                                 Page 14
1   I. For the purposes of this section, "motor vehicle" means any

2 automobile, truck, minivan, sports utility vehicle, or motorcycle,

3 as defined in Section 1-135 of Title 47 of the Oklahoma Statutes,

4 equipped with a locked accessory container within or affixed to the

5 motorcycle.

6   SECTION 3.      AMENDATORY  21 O.S. 2021, Section 1280.1, is

7 amended to read as follows:

8   Section 1280.1.

9                   POSSESSION OF FIREARM ON SCHOOL PROPERTY

10  A. It shall be unlawful for any person to have in his or her

11 possession on any public or private school property or while in any

12 school bus or vehicle used by any school for transportation of

13 students or teachers any firearm or weapon designated in Section

14 1272 of this title, except as provided in subsection C of this

15 section or as otherwise authorized by law.

16  B. For purposes of this section:

17  1. "School property" means any publicly owned property held for

18 purposes of elementary, secondary or vocational-technical education,

19 and shall not include property owned by public school districts or

20 where such property is leased or rented to an individual or

21 corporation and used for purposes other than educational;

22  2. "Private school" means a school that offers a course of

23 instruction for students in one or more grades from prekindergarten

24

    Req. No. 10717                                                 Page 15
1 through grade twelve and is not operated by a governmental entity;

2 and

3      3. "Motor vehicle" means any automobile, truck, minivan or

4 sports utility vehicle.

5      C. Firearms and weapons are allowed on school property and

6 deemed not in violation of subsection A of this section as follows:

7      1. A gun or knife designed for hunting or fishing purposes kept

8 in a privately owned vehicle and properly displayed or stored as

9 required by law, provided such vehicle containing said gun or knife

10 is driven onto school property only to transport a student to and

11 from school and such vehicle does not remain unattended on school

12 property;

13     2. A gun or knife used for the purposes of participating in the

14 Oklahoma Department of Wildlife Conservation-certified hunter

15 training education course or any other hunting, fishing, safety or

16 firearms training courses, or a recognized firearms sports event,

17 team shooting program or competition, or living history reenactment,

18 provided the course or event is approved by the principal or chief

19 administrator of the school where the course or event is offered,

20 and provided the weapon is properly displayed or stored as required

21 by law pending participation in the course, event, program or

22 competition;

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24

    Req. No. 10717                                                Page 16
1   3. Weapons in the possession of any peace officer or other

2 person authorized by law to possess a weapon in the performance of

3 his or her duties and responsibilities;

4   4. A concealed or unconcealed weapon carried onto private

5 school property or in any school bus or vehicle used by any private

6 school for transportation of students or teachers by a person who is

7 licensed pursuant to the Oklahoma Self-Defense Act, provided a

8 policy has been adopted by the governing entity of the private

9 school that authorizes the possession of a weapon on private school

10 property or in any school bus or vehicle used by a private school.

11 Except for acts of gross negligence or willful or wanton misconduct,

12 a governing entity of a private school that adopts a policy which

13 authorizes the possession of a weapon on private school property, a

14 school bus or vehicle used by the private school shall be immune

15 from liability for any injuries arising from the adoption of the

16 policy. The provisions of this paragraph shall not apply to claims

17 pursuant to the Workers' Compensation Code;

18  5. A gun, knife, bayonet or other weapon in the possession of a

19 member of a veterans group, the national guard, active military, the

20 Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to

21 participate in a ceremony, assembly or educational program approved

22 by the principal or chief administrator of a school or school

23 district where the ceremony, assembly or educational program is

24 being held; provided, however, the gun or other weapon that uses

    Req. No. 10717                                                Page 17
1 projectiles is not loaded and is inoperable at all times while on

2 school property;

3   6. A handgun carried in a motor vehicle pursuant to a valid

4 handgun license authorized by the Oklahoma Self-Defense Act onto

5 property set aside by a public or private elementary or secondary

6 school for the use or parking of any vehicle; provided, however,

7 said handgun shall be stored and hidden from view in a locked motor

8 vehicle when the motor vehicle is left unattended on school

9 property; and

10  7. A handgun carried onto public school property by school

11 personnel who have been designated by the board of education,

12 provided such personnel either:

13  a. possess a valid armed security guard license as

14               provided for in Section 1750.1 et seq. of Title 59 of

15               the Oklahoma Statutes, or

16  b. hold a valid reserve peace officer certification as

17               provided for in Section 3311 of Title 70 of the

18               Oklahoma Statutes,

19 if a policy has been adopted by the board of education of the school

20 district that authorizes the carrying of a handgun onto public

21 school property by such personnel; and

22  8. A concealed handgun at a polling place located on public

23 school property during any election conducted by the State of

24 Oklahoma, a county or municipality by a person who is twenty-one

    Req. No. 10717                                                 Page 18
1 (21) years of age or older or by a person who is eighteen (18) years

2 of age but not yet twenty-one (21) years of age and the person is a

3 member or veteran of the United States Armed Forces, Reserves or

4 National Guard or was discharged under honorable conditions from the

5 United States Armed Forces, Reserves or National Guard, and the

6 person is otherwise not disqualified from the possession or purchase

7 of a firearm under state or federal law.

8   Nothing in this subsection shall be construed to restrict

9 authority granted elsewhere in law to carry firearms.

10  D. Any person violating the provisions of this section shall,

11 upon conviction, be guilty of a misdemeanor punishable by a fine of

12 not to exceed Two Hundred Fifty Dollars ($250.00).

13  SECTION 4.      AMENDATORY  21 O.S. 2021, Section 1290.24, as

14 amended by Section 5, Chapter 160, O.S.L. 2023 (21 O.S. Supp. 2024,

15 Section 1290.24), is amended to read as follows:

16  Section 1290.24.

17                              IMMUNITY

18  A. The state or any political subdivision of the state, as

19 defined in Section 152 of Title 51 of the Oklahoma Statutes, and its

20 officers, agents and employees shall be immune from and not subject

21 to liability resulting or arising from:

22  1. Failure to prevent the licensing of an individual for whom

23 the receipt of the license is unlawful pursuant to the provisions of

24

    Req. No. 10717                                             Page 19
1 the Oklahoma Self-Defense Act or any other provision of law of this

2 state;

3   2. Any action or misconduct with a firearm committed by a

4 person pursuant to the provisions of the Oklahoma Self-Defense Act

5 or by any person who obtains a firearm;

6   3. Any injury to any person during a firearm training course

7 conducted by a firearms instructor certified by the Council on Law

8 Enforcement Education and Training to conduct training under the

9 Oklahoma Self-Defense Act, or injury from any misfire or malfunction

10 of any firearm on a training course firing range supervised by a

11 certified firearms instructor under the provisions of the Oklahoma

12 Self-Defense Act, or any injury resulting from carrying a concealed

13 or unconcealed firearm pursuant to any firearms training; and

14  4. Any action or finding pursuant to a hearing conducted in

15 accordance with the Administrative Procedures Act as required in the

16 Oklahoma Self-Defense Act; and

17  5. Any action or misconduct with a handgun committed by a

18 person authorized pursuant to subsection A of Section 1272 of this

19 title to carry a concealed handgun at a polling place during any

20 election conducted by the State of Oklahoma, a county or

21 municipality.

22  B. Firearms instructors certified by the Council on Law

23 Enforcement Education and Training to conduct training for the

24 Oklahoma Self-Defense Act shall be immune from and not subject to

    Req. No. 10717                                                 Page 20
1 liability to third persons resulting or arising from any claim based

2 on an act or omission of a trainee.

3   C. The provisions of this subsection shall not apply to claims

4 pursuant to the Administrative Workers' Compensation Act.

5   SECTION 5. This act shall become effective November 1, 2025.

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7   60-1-10717      GRS  01/03/25

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    Req. No. 10717                                           Page 21
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