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Oklahoma Legislature· HB 1987Second Reading referred to Rules

An act relating to protective orders, the official text

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1                   STATE OF OKLAHOMA

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

3 HOUSE BILL 1987   By: Ranson

4

5

6                   AS INTRODUCED

7   An Act relating to protective orders; creating the

    Oklahoma Extreme Risk Protective Order Act; defining

8   terms; providing procedures for filing petition for

    firearms restraining order; prohibiting assessment of

9   filing fee; declaring jurisdiction of courts;

    providing procedures for serving summons and notice

10  of hearings; authorizing requests for ex parte orders

    and emergency hearings for firearms restraining

11  orders; providing guidelines and procedures for

    filing and issuing emergency firearms restraining

12  orders; providing for the seizure of firearms and

    handgun licenses upon finding of probable cause;

13  stating parameters of firearms restraining order;

    providing procedures for the return of firearms and

14  handgun license upon expiration of order; authorizing

    transfer of firearms under certain circumstances;

15  providing for six-month restraining orders under

    certain circumstances; establishing guidelines and

16  procedures; making certain acts unlawful; directing

    courts to consider certain evidence prior to issuing

17  orders; authorizing issuance of search warrants;

    stating parameters of six-month restraining order;

18  providing procedures for the return of firearms and

    handgun licenses upon expiration of order;

19  authorizing transfer of firearms under certain

    circumstances; providing for the dissolution of

20  emergency firearms restraining order; allowing

    subject of order to request termination hearing;

21  providing procedures for termination hearing

    requests; directing court clerks to enter order on

22  records of the court and file copies with certain

    entities; directing sheriff or law enforcement to

23  serve order upon respondent; directing sheriffs and

    law enforcement to submit documents to the Oklahoma

24  State Bureau of Investigation; requiring Bureau to

    Req. No. 11166                                         Page 1
1   maintain records of firearms restraining orders;

    authorizing out-of-state orders to be filed by court

2   clerks; making certain acts unlawful; providing

    penalty; permitting law enforcement to remove weapons

3   when deemed appropriate; providing exemption from

    civil liability; providing an exception; authorizing

4   the expungement of firearms restraining orders under

    certain circumstances; repealing 21 O.S. 2021,

5   Sections 1289.24b and 1289.24c, which relate to the

    Anti-Red Flag Act; providing for codification; and

6   providing an effective date.

7

8

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

10  SECTION 1.      NEW LAW  A new section of law to be codified

11 in the Oklahoma Statutes as Section 62 of Title 22, unless there is

12 created a duplication in numbering, reads as follows:

13  Sections 1 through 14 of this act shall be known and may be

14 cited as the "Oklahoma Extreme Risk Protective Order Act".

15  SECTION 2.      NEW LAW  A new section of law to be codified

16 in the Oklahoma Statutes as Section 62.1 of Title 22, unless there

17 is created a duplication in numbering, reads as follows:

18  As used in this act:

19  1. "Family or household members" means:

20  a. spouses,

21  b. ex-spouses,

22  c. present spouses of ex-spouses,

23  d. parents, including grandparents, stepparents, adoptive

24              parents, and foster parents,

    Req. No. 11166                                               Page 2
1   e. children, including grandchildren, stepchildren,

2             adopted children, and foster children,

3   f. persons otherwise related by blood or marriage,

4   g. persons living in the same household or who formerly

5             lived in the same household, and

6   h. persons who are the biological parents of the same

7             child, regardless of their marital status, or whether

8             they have lived together at any time. This shall

9             include the elderly and handicapped;

10  2. "Firearms restraining order" means an order issued by the

11 court, prohibiting and enjoining a named person from having in his

12 or her custody or control, purchasing, possessing, or receiving any

13 firearms;

14  3. "Intimate partner" means a person with whom the respondent

15 has a courtship or engagement relationship. For purposes of this

16 act, a casual acquaintance or ordinary fraternization between

17 persons in a business or social context shall not constitute a

18 courtship or engagement relationship;

19  4. "Petitioner" means:

20  a. intimate partner or a family or household member of

21            the respondent as defined in this act, or

22  b. a law enforcement officer, who files a petition

23            alleging that the respondent poses a danger of causing

24            personal injury to himself, herself, or another by

    Req. No. 11166                                                 Page 3
1               having in his or her custody or control a firearm or

2               the respondent is purchasing, possessing, or receiving

3               a firearm; and

4   5. "Respondent" means the person alleged in the petition to

5 pose a danger of causing personal injury to himself, herself, or

6 another by having in his or her custody or control a firearm or by

7 purchasing, possessing, or receiving a firearm.

8   SECTION 3.      NEW LAW     A new section of law to be codified

9 in the Oklahoma Statutes as Section 62.2 of Title 22, unless there

10 is created a duplication in numbering, reads as follows:

11  A. Actions for a firearms restraining order are commenced by

12 filing a verified petition for a firearms restraining order in any

13 district court.

14  B. A petition for a firearms restraining order may be filed in

15 any county where the respondent resides.

16  C. No fee shall be charged by the clerk for filing, amending,

17 vacating, certifying, or photocopying petitions or orders. Nor

18 shall any fee be charged for issuing alias summonses or for any

19 related filing service.

20  D. No fee shall be charged by the sheriff or other law

21 enforcement for service by the sheriff or other law enforcement of a

22 petition, rule, motion, or order in an action commenced under the

23 provisions of this act.

24

    Req. No. 11166                                                  Page 4
1   E. The court shall provide, through the office of the court

2 clerk, simplified forms to help with the writing of a petition under

3 this act by any person not represented by counsel.

4   SECTION 4.      NEW LAW     A new section of law to be codified

5 in the Oklahoma Statutes as Section 62.3 of Title 22, unless there

6 is created a duplication in numbering, reads as follows:

7   A. Each of the district courts shall have the power to issue

8 firearms restraining orders.

9   B. The district courts of this state have jurisdiction to bind

10 state residents and nonresidents having minimum contacts with this

11 state.

12  C. The summons shall require respondent to answer or appear

13 within seven (7) days. Attachments to the summons or notice shall

14 include the petition for the firearms restraining order and

15 supporting affidavits, if any, and any emergency firearms

16 restraining order that has been issued. The enforcement of an order

17 under Section 5 of this act shall not be affected by the lack of

18 service, delivery, or notice, provided the requirements of

19 subsection F of Section 5 of this act are otherwise met.

20  D. Except as provided in subsection C of this section, notice

21 of hearings on petitions or motions shall be served in accordance

22 with Title 12 O.S., Rule 2 of the District Courts, unless notice is

23 excused by Section 5 of this act, or by the Code of Civil Procedure,

24 Supreme Court rules, or local rules.

    Req. No. 11166                                              Page 5
1   SECTION 5.      NEW LAW  A new section of law to be codified

2 in the Oklahoma Statutes as Section 62.4 of Title 22, unless there

3 is created a duplication in numbering, reads as follows:

4   A. A petitioner may request an emergency firearms restraining

5 order by filing an affidavit or verified pleading alleging that the

6 respondent poses an immediate and present danger of causing personal

7 injury to himself, herself, or another by having in his or her

8 custody or control a firearm or by purchasing, possessing, or

9 receiving a firearm. The petition shall also describe the type and

10 location of any firearm or firearms presently believed by the

11 petitioner to be possessed or controlled by the respondent.

12  B. If the respondent is alleged to pose an immediate and

13 present danger of causing personal injury to an intimate partner, or

14 an intimate partner is alleged to have been the target of a threat

15 or act of violence by the respondent, petitioner shall make a good-

16 faith effort to provide notice to any and all intimate partners of

17 the respondent. The notice must include that the petitioner intends

18 to petition the court for an emergency firearms restraining order,

19 and, if petitioner is a law enforcement officer, referral to

20 relevant domestic violence or stalking advocacy or counseling

21 resources, if appropriate. The petitioner shall attest to having

22 provided the notice in the filed affidavit or verified pleading.

23 If, after making a good-faith effort, the petitioner is unable to

24

    Req. No. 11166                                                Page 6
1 provide notice to any or all intimate partners, the affidavit or

2 verified pleading should describe what efforts were made.

3   C. Every person who files a petition for an emergency firearms

4 restraining order, knowing the information provided to the court at

5 any hearing or in the affidavit or verified pleading to be false, is

6 guilty of perjury under Section 491 of Title 21 of the Oklahoma

7 Statutes.

8   D. An emergency firearms restraining order shall be issued on

9 an ex parte basis, that is, without notice to the respondent.

10  E. An emergency hearing held on an ex parte basis shall be held

11 the same day that the petition is filed or the next day that the

12 court is in session.

13  F. 1. If a judge finds probable cause to believe that the

14 respondent poses an immediate and present danger of causing personal

15 injury to himself, herself, or another by having in his or her

16 custody or control a firearm or by purchasing, possessing, or

17 receiving a firearm, the judge shall issue an emergency order.

18 Furthermore, the court shall provide the respondent with information

19 and resource options for community-based mental health treatment.

20  2. If the court issues an emergency firearms restraining order,

21 it shall, upon a finding of probable cause that the respondent

22 possesses firearms, issue a search warrant directing a law

23 enforcement agency to seize the firearms of the respondent. The

24 court may, as part of that warrant, direct the law enforcement

    Req. No. 11166                                                 Page 7
1 agency to search the residence of the respondent and other places

2 where the court finds there is probable cause to believe he or she

3 is likely to possess the firearms.

4   G. An emergency firearms restraining order shall require:

5   1. The respondent to refrain from having in his or her custody

6 or control a firearm or from purchasing, possessing, or receiving

7 additional firearms for the duration of the order; and

8   2. The respondent to turn over to the local law enforcement

9 agency any handgun license issued pursuant to the Oklahoma Self-

10 Defense Act in his or her possession. The local law enforcement

11 agency shall immediately mail the handgun license to the Oklahoma

12 State Bureau of Investigation for safekeeping. The firearm and

13 handgun license, if unexpired, shall be returned to the respondent

14 after the firearms restraining order is terminated or expired.

15  H. 1. Except as otherwise provided in paragraph 2 of this

16 subsection, upon expiration of the period of safekeeping, if the

17 firearm or handgun license cannot be returned to respondent because

18 respondent cannot be located, the respondent fails to respond to

19 requests to retrieve the firearms, or the respondent is not lawfully

20 eligible to possess a firearm, upon petition from the local law

21 enforcement agency, the court may order the local law enforcement

22 agency to destroy the firearm, use the firearm for training

23 purposes, or for any other application as deemed appropriate by the

24 local law enforcement agency.

    Req. No. 11166                                                 Page 8
1   2. A respondent may petition the court, if the petitioner is

2 present in court or has notice of the petition, to transfer the

3 firearm of the respondent to a person who is lawfully able to

4 possess the firearm if the person does not reside at the same

5 address as the respondent. Notice of the petition shall be served

6 upon the person protected by the emergency firearms restraining

7 order. While the order is in effect, the transferee who receives

8 the firearm of the respondent must swear or affirm by affidavit that

9 he or she shall not transfer the firearm to the respondent or to

10 anyone residing in the same residence as the respondent.

11  3. If a person other than the respondent claims title to any

12 firearm surrendered under this section, he or she may petition the

13 court, if the petitioner is present in court or has notice of the

14 petition, to have the firearm returned to him or her. If the court

15 determines that person to be the lawful owner of the firearm, the

16 firearm shall be returned to him or her, provided that:

17  a. the firearm is removed from the custody, control, or

18  possession of the respondent and the lawful owner

19  agrees to store the firearm in a manner such that the

20  respondent does not have access to or control of the

21  firearm, and

22  b. the firearm is not otherwise unlawfully possessed by

23  the owner.

24

    Req. No. 11166                                                 Page 9
1   4. The person petitioning for the return of his or her firearm

2 must swear or affirm by affidavit that he or she:

3   a. is the lawful owner of the firearm,

4   b. will not transfer the firearm to the respondent, and

5   c. will store the firearm in a manner that the respondent

6                does not have access to or control of the firearm.

7   I. In accordance with subsection E of this section, the court

8 shall schedule a full hearing as soon as possible, but no longer

9 than fourteen (14) days from the issuance of an ex parte firearms

10 restraining order, to determine if a six-month firearms restraining

11 order shall be issued. The court may extend an ex parte order as

12 needed, but not to exceed fourteen (14) days, to effectuate service

13 of the order or if necessary to continue protection. The court may

14 extend the order for a greater length of time by mutual agreement of

15 the parties.

16  SECTION 6.      NEW LAW  A new section of law to be codified

17 in the Oklahoma Statutes as Section 62.5 of Title 22, unless there

18 is created a duplication in numbering, reads as follows:

19  A. A petitioner may request a six-month firearms restraining

20 order by filing an affidavit or verified pleading alleging that the

21 respondent poses a significant danger of causing personal injury to

22 himself, herself, or another in the near future by having in his or

23 her custody or control a firearm or by purchasing, possessing, or

24 receiving a firearm. The petition shall also describe the number,

    Req. No. 11166                                           Page 10
1 types, and locations of any firearms presently believed by the

2 petitioner to be possessed or controlled by the respondent.

3   B. If the respondent is alleged to pose a significant danger of

4 causing personal injury to an intimate partner, or an intimate

5 partner is alleged to have been the target of a threat or act of

6 violence by the respondent, petitioner shall make a good-faith

7 effort to provide notice to any and all intimate partners of the

8 respondent. The notice must include that the petitioner intends to

9 petition the court for a six-month firearms restraining order, and,

10 if petitioner is a law enforcement officer, referral to relevant

11 domestic violence or stalking advocacy or counseling resources, if

12 appropriate. The petitioner shall attest to having provided the

13 notice in the filed affidavit or verified pleading. If, after

14 making a good-faith effort, the petitioner is unable to provide

15 notice to any or all intimate partners, the affidavit or verified

16 pleading should describe what efforts were made.

17  C. Every person who files a petition for a six-month firearms

18 restraining order, knowing the information provided to the court at

19 any hearing or in the affidavit or verified pleading to be false, is

20 guilty of perjury under Section 491 of Title 21 of the Oklahoma

21 Statutes.

22  D. Upon receipt of a petition for a six-month firearms

23 restraining order, the court shall order a hearing within thirty

24 (30) days.

    Req. No. 11166                                                Page 11
1   E. In determining whether to issue a firearms restraining order

2 under this section, the court shall consider evidence including, but

3 not limited to, the following:

4   1. The unlawful and reckless use, display, or brandishing of a

5 firearm by the respondent;

6   2. The history of use, attempted use, or threatened use of

7 physical force by the respondent against another person;

8   3. Any prior arrest of the respondent for a felony offense;

9   4. Evidence of the abuse of controlled substances or alcohol by

10 the respondent;

11  5. A recent threat of violence or act of violence by the

12 respondent directed toward himself, herself, or another;

13  6. A violation of an emergency order of protection or order of

14 protection issued under the Protection from Domestic Abuse Act; or

15  7. A pattern of violent acts or violent threats including, but

16 not limited to, threats of violence or acts of violence by the

17 respondent directed toward himself, herself, or another.

18  F. At the hearing, the petitioner shall have the burden of

19 proving by clear and convincing evidence that the respondent poses a

20 significant danger of personal injury to himself, herself, or

21 another by having in his or her custody or control a firearm, or by

22 purchasing, possessing, or receiving a firearm.

23  G. If the court finds that there is clear and convincing

24 evidence to issue a firearms restraining order, the court shall

    Req. No. 11166                                                 Page 12
1 issue a firearms restraining order that shall be in effect for six

2 (6) months subject to renewal or termination under Section 7 of this

3 act. Furthermore, the court shall provide the respondent with

4 information and resource options for community-based mental health

5 treatment. If the court issues a six-month firearms restraining

6 order, it shall, upon a finding of probable cause that the

7 respondent possesses firearms, issue a search warrant directing a

8 law enforcement agency to seize the firearms of the respondent. The

9 court may, as part of that warrant, direct the law enforcement

10 agency to search the residence of the respondent and other places

11 where the court finds there is probable cause to believe he or she

12 is likely to possess the firearms.

13  H. A six-month firearms restraining order shall require:

14  1. The respondent to refrain from having in his or her custody

15 or control a firearm, or from purchasing, possessing, or receiving

16 additional firearms for the duration of the order; and

17  2. The respondent to turn over to the local law enforcement

18 agency any firearm or handgun license issued pursuant to the

19 Oklahoma Self-Defense Act in his or her possession. The local law

20 enforcement agency shall immediately mail the handgun license to the

21 Oklahoma State Bureau of Investigation for safekeeping. The firearm

22 and handgun license, if unexpired, shall be returned to the

23 respondent after the firearms restraining order is terminated or

24 expired.

    Req. No. 11166                                                Page 13
1   I. 1. Except as otherwise provided in paragraph 2 of this

2 subsection, upon expiration of the period of safekeeping, if the

3 firearm or handgun license cannot be returned to respondent because

4 respondent cannot be located, the respondent fails to respond to

5 requests to retrieve the firearm, or the respondent is not lawfully

6 eligible to possess a firearm, upon petition from the local law

7 enforcement agency, the court may order the local law enforcement

8 agency to destroy the firearm, use the firearm for training

9 purposes, or for any other application as deemed appropriate by the

10 local law enforcement agency.

11  2. A respondent may petition the court, if the petitioner is

12 present in court or has notice of the petition, to transfer the

13 firearm of the respondent to a person who is lawfully able to

14 possess the firearm if the person does not reside at the same

15 address as the respondent. Notice of the petition shall be served

16 upon the person protected by the emergency firearms restraining

17 order. While the order is in effect, the transferee who receives

18 the firearm of the respondent must swear or affirm by affidavit that

19 he or she shall not transfer the firearm to the respondent or to

20 anyone residing in the same residence as the respondent.

21  3. If a person other than the respondent claims title to any

22 firearms surrendered under this section, he or she may petition the

23 court, if the petitioner is present in court or has notice of the

24 petition, to have the firearm returned to him or her. If the court

    Req. No. 11166                                                Page 14
1 determines that person to be the lawful owner of the firearm, the

2 firearm shall be returned to him or her, provided that:

3   a. the firearm is removed from the custody, control, or

4   possession of the respondent and the lawful owner

5   agrees to store the firearm in a manner such that the

6   respondent does not have access to or control of the

7   firearm, and

8   b. the firearm is not otherwise unlawfully possessed by

9   the owner.

10  4. The person petitioning for the return of his or her firearm

11 must swear or affirm by affidavit that he or she:

12  a. is the lawful owner of the firearm,

13  b. will not transfer the firearm to the respondent, and

14  c. will store the firearm in a manner that the respondent

15  does not have access to or control of the firearm.

16  J. If the court does not issue a firearms restraining order at

17 the hearing, the court shall dissolve any emergency firearms

18 restraining order then in effect.

19  K. When the court issues a firearms restraining order under

20 this section, the court shall inform the respondent that he or she

21 is entitled to one hearing during the period of the order to request

22 a termination of the order, under Section 7 of this act, and shall

23 provide the respondent with a form to request a hearing.

24

    Req. No. 11166                                               Page 15
1   SECTION 7.      NEW LAW  A new section of law to be codified

2 in the Oklahoma Statutes as Section 62.6 of Title 22, unless there

3 is created a duplication in numbering, reads as follows:

4   A. A person subject to a firearms restraining order issued

5 under this act may submit one (1) written request at any time during

6 the effective period of the order for a hearing to terminate the

7 order.

8   1. The respondent shall have the burden of proving by a

9 preponderance of the evidence that the respondent does not pose a

10 danger of causing personal injury to himself, herself, or another in

11 the near future by having in his or her custody or control a

12 firearm, or by purchasing, possessing, or receiving a firearm;

13  2. If the court finds after the hearing that the respondent has

14 met his or her burden, the court shall terminate the order.

15  B. A petitioner may request a renewal of a firearms restraining

16 order at any time within the three (3) months before the expiration

17 of a firearms restraining order.

18  1. A court shall, after notice and a hearing, renew a firearms

19 restraining order issued under this section if the petitioner

20 proves, by clear and convincing evidence, that the respondent

21 continues to pose a danger of causing personal injury to himself,

22 herself, or another in the near future by having in his or her

23 custody or control a firearm, or by purchasing, possessing, or

24 receiving a firearm;

    Req. No. 11166                                                 Page 16
1   2. In determining whether to renew a firearms restraining order

2 issued under this act, the court shall consider evidence of the

3 facts identified in subsection E of Section 6 of this act and any

4 other evidence of an increased risk for violence.

5   3. At the hearing, the petitioner shall have the burden of

6 proving, by clear and convincing evidence, that the respondent

7 continues to pose a danger of causing personal injury to himself,

8 herself, or another in the near future by having in his or her

9 custody or control a firearm, or by purchasing, possessing, or

10 receiving a firearm.

11  4. The renewal of a firearms restraining order issued under

12 this section shall be in effect for six (6) months, subject to

13 termination by further order of the court at a hearing held under

14 this section and further renewal by further order of the court under

15 this section.

16  SECTION 8.      NEW LAW  A new section of law to be codified

17 in the Oklahoma Statutes as Section 62.7 of Title 22, unless there

18 is created a duplication in numbering, reads as follows:

19  A. Upon issuance of any firearms restraining order, the clerk

20 shall immediately, or on the next court day if an emergency firearms

21 restraining order is issued in accordance with Section 5 of this

22 act:

23  1. Enter the order on the record and file it in accordance with

24 the district court procedures; and

    Req. No. 11166                                                 Page 17
1   2. Provide a file-stamped copy of the order to respondent, if

2 present, and to petitioner.

3   B. The clerk shall, or the petitioner may, on the same day that

4 a firearms restraining order is issued, file a certified copy of

5 that order with the sheriff or other law enforcement officials

6 charged with maintaining law enforcement records or charged with

7 serving the order upon respondent. If the order was issued in

8 accordance with Section 5 of this act, the clerk shall, on the next

9 court day, file a certified copy of the order with the sheriff or

10 other law enforcement officials charged with maintaining law

11 enforcement records.

12  C. Unless respondent was present in court when the order was

13 issued, the sheriff or other law enforcement official shall promptly

14 serve that order upon respondent and file proof of the service, in

15 the manner provided for service of process in civil proceedings.

16  D. Any order renewing or terminating any firearms restraining

17 order shall be promptly recorded, issued, and served as provided in

18 this section.

19  SECTION 9.      NEW LAW    A new section of law to be codified

20 in the Oklahoma Statutes as Section 62.8 of Title 22, unless there

21 is created a duplication in numbering, reads as follows:

22  A. All sheriffs shall furnish to the Oklahoma State Bureau of

23 Investigation, daily, in the form and detail the Bureau requires,

24 copies of any recorded firearms restraining order issued by the

    Req. No. 11166                                                Page 18
1 court and transmitted to the sheriff by the court clerk under

2 Section 8 of this act. Each firearms restraining order shall be

3 entered in the Uniform Crime Reporting System on the same day it is

4 issued by the court. If an emergency firearms restraining order was

5 issued in accordance with Section 5 of this act, the order shall be

6 entered in the Uniform Crime Reporting System as soon as possible

7 upon receipt from the clerk.

8   B. The Oklahoma State Bureau of Investigation shall maintain a

9 complete and systematic record and index of all valid and recorded

10 firearms restraining orders issued or filed under this act. The

11 data shall be used to inform all dispatchers and law enforcement

12 officers at the scene of a violation of the firearms restraining

13 order of the effective dates and terms of any recorded order of

14 protection.

15  C. The data, records, and transmittals required under this

16 section shall pertain to any valid emergency or six-month firearms

17 restraining order, whether issued in a civil or criminal proceeding

18 or authorized under the laws of another state, tribe, or United

19 States territory.

20  SECTION 10.       NEW LAW   A new section of law to be codified

21 in the Oklahoma Statutes as Section 62.9 of Title 22, unless there

22 is created a duplication in numbering, reads as follows:

23  A. A person who has sought a firearms restraining order or

24 similar order issued by the court of another state, tribe, or United

    Req. No. 11166                                               Page 19
1 States territory may file a certified copy of the firearms

2 restraining order with the court clerk in a judicial district in

3 which the person believes that enforcement may be necessary.

4   B. The clerk shall:

5   1. Treat the foreign firearms restraining order in the same

6 manner as a judgment of the district court for any county of this

7 state in accordance with the provisions of the Uniform Enforcement

8 of Foreign Judgments Act, except that the clerk shall not mail

9 notice of the filing of the foreign order to the respondent named in

10 the order; and

11  2. On the same day that a foreign firearms restraining order is

12 filed, file a certified copy of that order with the sheriff or other

13 law enforcement officials charged with maintaining law enforcement

14 records as set forth in Section 9 of this act.

15  C. Neither residence in this state nor filing of a foreign

16 firearms restraining order shall be required for enforcement of the

17 order by this state. Failure to file the foreign order shall not be

18 an impediment to its treatment in all respects as an Oklahoma

19 firearms restraining order.

20  D. The clerk shall not charge a fee to file a foreign firearms

21 restraining order under this section.

22  SECTION 11.     NEW LAW     A new section of law to be codified

23 in the Oklahoma Statutes as Section 62.10 of Title 22, unless there

24 is created a duplication in numbering, reads as follows:

    Req. No. 11166                                                Page 20
1   A respondent who knowingly violates a firearms restraining order

2 is guilty of a misdemeanor. Prosecution for a violation of a

3 firearms restraining order shall not bar concurrent prosecution for

4 any other crime, including any crime that may have been committed at

5 the time of the violation of the firearms restraining order.

6   SECTION 12.     NEW LAW  A new section of law to be codified

7 in the Oklahoma Statutes as Section 62.11 of Title 22, unless there

8 is created a duplication in numbering, reads as follows:

9   Nothing in this act shall preclude a petitioner or law

10 enforcement officer from removing weapons under other authority, or

11 filing criminal charges when probable cause exists.

12  SECTION 13.     NEW LAW  A new section of law to be codified

13 in the Oklahoma Statutes as Section 62.12 of Title 22, unless there

14 is created a duplication in numbering, reads as follows:

15  Any act of omission or commission by any law enforcement officer

16 acting in good faith in rendering emergency assistance or otherwise

17 enforcing this act shall not impose civil liability upon the law

18 enforcement officer or his or her supervisor or employer, unless the

19 act is a result of willful or wanton misconduct.

20  SECTION 14.     NEW LAW  A new section of law to be codified

21 in the Oklahoma Statutes as Section 62.13 of Title 22, unless there

22 is created a duplication in numbering, reads as follows:

23  If the court denies issuance of a firearms restraining order

24 against the respondent, all records of the proceeding shall be

    Req. No. 11166                                                 Page 21
1 immediately expunged from the court records. If the firearms

2 restraining order is granted, all records of the proceeding shall,

3 three (3) years after the expiration of the firearms restraining

4 order, be sealed.

5   SECTION 15.      REPEALER     21 O.S. 2021, Sections 1289.24b and

6 1289.24c, are hereby repealed.

7   SECTION 16. This act shall become effective November 1, 2025.

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9   60-1-11166       GRS  01/12/25

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    Req. No. 11166                                              Page 22
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