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Oklahoma Legislature· HB 2822Referred 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 2822               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; modifying scope of

    certain prohibited act; providing an exception;

9   prohibiting the carry of firearms into certain

    places; deleting construing provisions; authorizing

10  the concealed carry of handguns into buildings and on

    fairgrounds during the Oklahoma and Tulsa State

11  Fairs; authorizing event holders to allow for the

    open carry of lawful firearms during the Oklahoma and

12  Tulsa State Fairs; authorizing public trusts and

    nonprofit entities to allow for the open carry of

13  lawful firearms on public trust property; amending 21

    O.S. 2021, Section 1290.22, which relates to the

14  Oklahoma Self-Defense Act; prohibiting the carry of

    concealed or unconcealed firearms at certain events;

15  deleting certain prohibition; and providing an

    effective date.

16

17

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

19  SECTION 1.      AMENDATORY  21 O.S. 2021, Section 1277, is

20 amended to read as follows:

21  Section 1277.

22                  UNLAWFUL CARRY IN CERTAIN PLACES

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

24 possession of a valid handgun license issued pursuant to the

    Req. No. 10914                                               Page 1
1 provisions of the Oklahoma Self-Defense Act, to carry any concealed

2 or unconcealed firearm into any of the following places:

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

4 leased by a city, town, county, the state or federal governmental

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

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

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

8 prisoners or persons alleged delinquent or adjudicated delinquent,

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

10 Statutes;

11  3. Any public or private elementary or public or private

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

13 section;

14  4. Any publicly owned or operated sports arena or venue during

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

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

17 allowed by the property owner;

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

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

20 public trust with a county, city or town as a beneficiary, or state

21 governmental authority for an event that is secured with minimum-

22 security provisions; provided, however, the provisions of this

23 paragraph shall not apply to and specifically exclude events held on

24 the fairgrounds and in buildings of the fairgrounds that are open to

    Req. No. 10914                                                 Page 2
1 the general public during the Oklahoma State Fair or the Tulsa State

2 Fair. For purposes of this paragraph, a minimum-security provision

3 consists of a location that is secured utilizing the following:

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

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

6        is secured in such a way as to deter unauthorized

7        entry,

8        b. controlled access points staffed by a uniformed,

9        commissioned peace officer, and

10       c. a metal detector whereby persons walk or otherwise

11       travel with their property through or by the metal

12       detector;

13  8. Any public building used for a public meeting conducted

14 under the Oklahoma Open Meeting Act, unless otherwise authorized by

15 law;

16  9. Any public facility providing substance abuse or mental

17 health services or any facilities providing substance abuse programs

18 to persons who are under the direct supervision of the state, a

19 county, or municipality, unless otherwise authorized by law; and

20  10. The State Capitol Building, unless otherwise authorized by

21 law.

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

23 unconcealed firearm on the following properties:

24

    Req. No. 10914                                                  Page 3
1   1. Any property set aside for the use or parking of any

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

3 state or federal governmental authority;

4   2. Any property set aside for the use or parking of any

5 vehicle, whether attended or unattended, which is open to the

6 public, or by any entity engaged in gambling authorized by law;

7   3. Any property adjacent to a structure, building or office

8 space in which concealed or unconcealed weapons are prohibited by

9 the provisions of this section;

10  4. Any property designated by a city, town, county or state

11 governmental authority as a park, recreational area, wildlife

12 refuge, wildlife management area, or state or county fairgrounds;

13 provided, nothing in this paragraph shall be construed to authorize

14 any entry by a person in possession of a concealed or unconcealed

15 firearm into any structure, building, office space or event which is

16 specifically prohibited by the provisions of subsection A of this

17 section;

18  5. Any property set aside by a public or private elementary or

19 secondary school for the use or parking of any vehicle, whether

20 attended or unattended; provided, however, the firearm shall be

21 stored and hidden from view in a locked motor vehicle when the motor

22 vehicle is left unattended on school property; and

23  6. Any public property set aside temporarily by a county, city,

24 town, public trust with a county, city or town as a beneficiary, or

    Req. No. 10914                                                  Page 4
1 state governmental authority for the holder of an event permit that

2 is without minimum-security provisions, as such term is defined in

3 paragraph 7 of subsection A of this section; provided, the carry of

4 firearms within said permitted event area shall be limited to

5 concealed carry of a handgun unless otherwise authorized by the

6 holder of the event permit; and

7   7. On the fairgrounds and in buildings located on the

8 fairgrounds that are open to the general public during the Oklahoma

9 State Fair or the Tulsa State Fair; provided, the handgun is carried

10 in a concealed manner. The event holder shall be authorized to

11 allow for the open carry of all lawful firearms during the Oklahoma

12 State Fair or the Tulsa State Fair.

13  Nothing contained in any provision of this subsection or

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

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

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

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

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

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

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

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

22 private school for transportation of students or teachers by a

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

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

    Req. No. 10914                                                  Page 5
1 private school that authorizes the carrying and possession of a

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

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

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

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

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

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

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

9 shall not apply to claims pursuant to the Administrative Workers'

10 Compensation Act.

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

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

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

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

15 personnel specifically designated by the board of education,

16 provided such personnel either:

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

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

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

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

21 Nothing in this subsection shall be construed to restrict authority

22 granted elsewhere in law to carry firearms.

23

24

    Req. No. 10914                                                 Page 6
1   E. Notwithstanding the provisions of subsection A of this

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

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

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

5 176 of Title 60 of the Oklahoma Statutes; or

6   2. A nonprofit entity,

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

8 openly carry a handgun on the property. The public trust or

9 nonprofit entity shall be authorized to allow for the open carry of

10 all lawful firearms on the property of the public trust or nonprofit

11 entity.

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

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

14 misdemeanor punishable by a fine not to exceed Two Hundred Fifty

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

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

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

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

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

20 Dollars ($250.00).

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

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

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

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

    Req. No. 10914                                               Page 7
1 loaded cane, hand chain or metal knuckles shall be authorized to

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

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

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

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

6 construed to be college, university or technology center school

7 property:

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

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

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

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

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

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

14 university president or technology center school administrator while

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

16 school property;

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

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

19 college, university or technology center school policy; and

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

21 college or university president or technology center school

22 administrator, provided the written consent is carried with the

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

24

    Req. No. 10914                                                  Page 8
1 knuckles and the valid handgun license while on college, university

2 or technology center school property.

3   The college, university or technology center school may notify

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

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

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

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

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

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

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

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

12  Nothing contained in any provision of this subsection shall be

13 construed to authorize or allow any college, university or

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

15 the effect of prohibiting any person in lawful possession of a

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

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

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

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

20 this subsection. Nothing contained in any provision of this

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

22 university or technology center school in this state from taking

23 administrative action against any student for any violation of any

24 provision of this subsection.

    Req. No. 10914                                                 Page 9
1   H. The provisions of this section shall not apply to the

2 following:

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

4 firearm in the course of employment;

5   2. District judges, associate district judges and special

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

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

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

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

10 employment within the courthouses of this state;

11  3. Private investigators with a firearms authorization when

12 acting in the course and scope of employment;

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

14 valid handgun license issued pursuant to the provisions of the

15 Oklahoma Self-Defense Act, may carry a concealed handgun when acting

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

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

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

19 handgun into a courtroom;

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

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

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

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

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

    Req. No. 10914                                                 Page 10
1 Nothing in the Oklahoma Self-Defense Act shall prohibit the sheriff

2 from requiring additional instruction or training before granting

3 authorization to carry a concealed handgun within the courthouse.

4 The provisions of this paragraph and of paragraph 6 of this

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

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

7 other prisoner detention area; and

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

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

10 handgun license issued pursuant to the provisions of the Oklahoma

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

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

13 surrounding the county courthouse.

14  I. For the purposes of this section, "motor vehicle" means any

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

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

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

18 motorcycle.

19  SECTION 2.      AMENDATORY  21 O.S. 2021, Section 1290.22, is

20 amended to read as follows:

21  Section 1290.22.

22                    BUSINESS OWNER'S RIGHTS

23  A. Except as provided in subsections B, C and D of this

24 section, nothing contained in any provision of the Oklahoma Self-

    Req. No. 10914                                             Page 11
1 Defense Act shall be construed to limit, restrict or prohibit in any

2 manner the existing rights of any person, property owner, tenant,

3 employer, liquor store, place of worship or business entity to

4 control the possession of weapons on any property owned or

5 controlled by the person or business entity.

6   B. No person, property owner, tenant, employer, liquor store,

7 holder of an event permit, place of worship or business entity shall

8 be permitted to establish any policy or rule that has the effect of

9 prohibiting any person, except a convicted felon, from transporting

10 and storing firearms in a locked vehicle on any property set aside

11 for any vehicle.

12  C. A property owner, tenant, employer, liquor store, place of

13 worship or business entity may prohibit any person from carrying a

14 concealed or unconcealed firearm on the property. If the building

15 or property is open to the public, the property owner, tenant,

16 employer, liquor store, place of worship or business entity shall

17 post signs on or about the property stating such prohibition.

18  D. No person, property owner, tenant, employer, liquor store,

19 holder of an event permit, place of worship or business entity shall

20 be permitted to establish any policy or rule that has the effect of

21 prohibiting any person from carrying a concealed or unconcealed

22 firearm on property within the specific exclusion provided for

23 specified in paragraph 4 of subsection B of Section 1277 of this

24

    Req. No. 10914                                                 Page 12
1 title; provided that carrying a concealed or unconcealed firearm may

2 be prohibited in the following places:

3   1. The portion of a public property structure or building

4 during an event authorized by the city, town, county, or state or

5 federal governmental authority owning or controlling such building

6 or structure;

7   2. Any public property sports field including any adjacent

8 seating or adjacent area set aside for viewing a sporting event,

9 where an elementary or secondary school, collegiate, or professional

10 sporting event or, an International Olympic Committee or

11 organization or any committee subordinate to the International

12 Olympic Committee event, a national softball tournament event at the

13 USA Softball Hall of Fame Complex, or a national or international

14 Quarter Horse event is being held;

15  3. The fairgrounds during the Oklahoma State Fair or the Tulsa

16 State Fair; and

17  4.3. The portion of a public property structure or building

18 that is leased or under contract to a business or not-for-profit

19 entity or group for offices.

20  E. The otherwise lawful carrying of a concealed or unconcealed

21 firearm by a person on property that has signs prohibiting the

22 carrying of firearms shall subject the person to being denied

23 entrance onto the property or removed from the property. If the

24 person:

    Req. No. 10914                                                 Page 13
1  1. Has been informed by the property owner, business entity or

2 manager of the business that the person is in violation of a policy

3 that prohibits firearms on the property; and

4  2. Refuses to leave the property and a peace officer is

5 summoned, the person shall, upon conviction, be guilty of a

6 misdemeanor punishable by a fine not to exceed Two Hundred Fifty

7 Dollars ($250.00).

8  F. A person, property owner, tenant, employer, liquor store,

9 holder of an event permit, place of worship or business entity that

10 does or does not prohibit any individual, except a convicted felon,

11 from carrying a loaded or unloaded, concealed or unconcealed weapon

12 on property that the person, property owner, tenant, employer,

13 liquor store, holder of an event permit, place of worship or

14 business entity owns, or has legal control of, is immune from any

15 liability arising from that decision. Except for acts of gross

16 negligence or willful or wanton misconduct, an employer who does or

17 does not prohibit his or her employees from carrying a concealed or

18 unconcealed weapon is immune from any liability arising from that

19 decision. A person, property owner, tenant, employer, liquor store,

20 holder of an event permit, place of worship or business entity that

21 does not prohibit persons from carrying a concealed or unconcealed

22 weapon pursuant to subsection D of this section shall be immune from

23 any liability arising from the carrying of a concealed or

24 unconcealed weapon, while in the scope of employment, on the

   Req. No. 10914                                                  Page 14
1 property or in or about a business entity vehicle. The provisions

2 of this subsection shall not apply to claims pursuant to the

3 Administrative Workers' Compensation Act.

4   G. It shall not be considered part of an employee's job

5 description or within the employee's scope of employment if an

6 employee is allowed to carry or discharge a weapon pursuant to this

7 section.

8   H. Nothing in subsections F and G of this section shall prevent

9 an employer, employee or person who has suffered loss resulting from

10 the discharge of a weapon to seek redress or damages of the person

11 who discharged the weapon or used the weapon outside the provisions

12 of the Oklahoma Self-Defense Act.

13  SECTION 3. This act shall become effective November 1, 2025.

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15  60-1-10914      GRS  12/18/24

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    Req. No. 10914                                                Page 15
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