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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 15 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to firearms; amending 21 O.S. 2021,
7 Sections 1279 and 1280, which relate to pointing
8 firearms; clarifying exception to certain prohibited
8 act; modifying penalty provisions; removing
9 revocation and administrative penalty provisions;
9 amending 21 O.S. 2021, Sections 1289.16 and 1289.25,
10 which relate to the Oklahoma Firearms Act of 1971;
10 authorizing the pointing of firearms under certain
11 circumstances; removing administrative penalty
11 provision; expanding situations that allow for the
12 use of physical or deadly force; allowing for the
12 defensive display of firearms under certain
13 circumstances; providing exceptions; defining terms;
13 updating statutory language; and declaring an
14 emergency.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1279, is
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19 amended to read as follows:
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20 Section 1279.
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21 MISDEMEANOR POINTING A FIREARM
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22 Except for an act of self-defense, it It shall be unlawful for
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23 any person to point any pistol a firearm or any other deadly weapon,
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24 whether loaded or not, at any other another person or persons. Any
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1 person violating convicted of a violation of the provisions of this
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2 section shall, upon conviction, be guilty of a misdemeanor
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3 punishable be punished as provided in Section 1280 of this title.
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4 Any person convicted of violating the The provisions of this
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5 section after having been issued a handgun license pursuant to the
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6 provisions of the Oklahoma Self-Defense Act may be subject to an
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7 administrative violation as provided in Section 1280 of this title
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8 shall not apply to a person acting in self-defense or to a home or
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9 business owner in defense of the owner's private property.
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10 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1280, is
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11 amended to read as follows:
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12 Section 1280.
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13 PENALTY FOR 1279
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14 Any person violating the provisions of Section 1279 of this
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15 title shall, upon conviction, be guilty of a misdemeanor punishable
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16 by a fine of not less than One Hundred Dollars ($100.00) nor more
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17 than One Thousand Dollars ($1,000.00) and shall be imprisoned,
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18 imprisonment in the county jail for a period not less than three (3)
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19 nor more than to exceed twelve (12) months. Any person convicted of
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20 violating the provisions of Section 1279 of this title after having
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21 been issued a handgun license pursuant to the provisions of the
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22 Oklahoma Self-Defense Act shall have the handgun license revoked and
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23 shall be liable for an administrative fine of Fifty Dollars ($50.00)
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24 upon a hearing and determination by the Oklahoma State Bureau of
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1 Investigation that the person is in violation of the provisions of
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2 this section, or by both such fine and imprisonment.
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3 SECTION 3. AMENDATORY 21 O.S. 2021, Section 1289.16, is
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4 amended to read as follows:
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5 Section 1289.16
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6 FELONY POINTING FIREARMS
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7 Except for an act of self-defense, it
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8 A. It shall be unlawful for any person to willfully or without
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9 lawful cause point a shotgun, rifle or pistol, firearm or any other
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10 deadly weapon, whether loaded or not, at any another person or
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11 persons for the purpose of threatening or with the intention of
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12 discharging the firearm or with any malice or for any purpose of
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13 injuring, either through physical injury or mental or emotional
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14 intimidation or for purposes of whimsy, humor or prank, or in anger
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15 or otherwise, but not to include the pointing of shotguns, rifles or
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16 pistols except by law:
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17 1. A person who can legally own or possess a weapon pursuant to
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18 the provisions of Section 1272 of this title:
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19 a. during an act of self-defense, or
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20 b. in defense of private property, located on any
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21 premises, owned, rented, leased, or occupied by
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22 permission of the property owner;
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23 2. A person in the defensive display of a firearm or other
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24 deadly weapon, as provided for in Section 1289.25 of this title;
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1 3. Law enforcement authorities in the performance of their
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2 duties, armed;
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3 4. Armed security guards licensed by the Council on Law
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4 Enforcement Education and Training pursuant to the Oklahoma Security
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5 Guard and Private Investigator Act in the performance of their
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6 duties, members;
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7 5. Members of the state military forces in the performance of
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8 their duties, members;
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9 6. Members of the federal military reserve and active military
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10 components in the performance of their duties, or any federal;
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11 7. Federal government law enforcement officer officers in the
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12 performance of any duty, their duties; or in
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13 8. Any person during the performance of a play on stage, while
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14 participating in a rodeo, or when participating in a television
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15 program or on film, or in defense of any person, one's home or
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16 property project.
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17 B. Any person convicted of a violation of the provisions of
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18 this section shall be punished as provided in Section 1289.17 of
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19 this title.
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20 Any person convicted of a violation of the provisions of this
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21 section after having been issued a handgun license pursuant to the
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22 Oklahoma Self-Defense Act shall have the license revoked and shall
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23 be subject to an administrative fine of One Thousand Dollars
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24 ($1,000.00), upon a hearing and determination by the Oklahoma State
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1 Bureau of Investigation that the person is in violation of the
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2 provisions of this section.
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3 SECTION 4. AMENDATORY 21 O.S. 2021, Section 1289.25, is
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4 amended to read as follows:
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5 Section 1289.25
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6 PHYSICAL OR DEADLY FORCE AGAINST INTRUDER
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7 A. The Legislature hereby recognizes that the citizens of the
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8 State of Oklahoma this state have a right to expect absolute safety
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9 within their own homes, places of business or, places of worship, or
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10 occupied premises and have the right to establish policies regarding
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11 the possession of weapons on property pursuant to the provisions of
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12 Section 1290.22 of this title.
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13 B. A person, regardless of official capacity or lack of
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14 official capacity, within a place of worship or a person, an owner,
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15 manager, or employee of a business is presumed to have held a
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16 reasonable fear of imminent peril of death or great bodily harm to
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17 himself or herself or another when using defensive force that is
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18 intended or likely to cause death or great bodily harm to another
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19 if:
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20 1. a. The the person against whom the defensive force was
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21 used was in the process of unlawfully and forcefully
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22 entering, or had unlawfully and forcibly entered, a
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23 dwelling, residence, occupied vehicle, place of
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24 business or, place of worship, or any other occupied
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1 premises or if that person had removed or was
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2 attempting to remove another against the will of that
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3 person from the dwelling, residence, occupied vehicle,
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4 place of business or, place of worship., or any other
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5 occupied premises, and
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6 b. The the person who uses defensive force knew or had
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7 reason to believe that an unlawful and forcible entry
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8 or unlawful and forcible act on the occupied premises
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9 was occurring or had occurred; or
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10 2. The person who uses defensive force knew or had a reasonable
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11 belief that the person against whom the defensive force was used
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12 entered or was attempting to enter into a dwelling, residence,
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13 occupied vehicle, place of business or, place of worship, or any
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14 other occupied premises for the purpose of committing a forcible
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15 felony, as defined in Section 733 of this title, and that the
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16 defensive force was necessary to prevent the commission of the
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17 forcible felony.
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18 C. The presumption set forth in subsection B of this section
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19 does not apply if:
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20 1. The person against whom the defensive force is used has the
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21 right to be in or is a lawful resident of the dwelling, residence,
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22 or vehicle, or any other occupied premises such as an owner, lessee,
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23 or titleholder, and there is not a protective order from domestic
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1 violence in effect or a written pretrial supervision order of no
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2 contact against that person;
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3 2. The person or persons sought to be removed are children or
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4 grandchildren, or are otherwise in the lawful custody or under the
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5 lawful guardianship, of, the person against whom the defensive force
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6 is used; or
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7 3. The person who uses defensive force is engaged in an
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8 unlawful activity or is using the dwelling, residence, occupied
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9 vehicle, place of business or, place of worship, or any other
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10 occupied premises to further an unlawful activity.
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11 D. A person who is not engaged in an unlawful activity and who
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12 is attacked in any other place where he or she has a right to be has
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13 no duty to retreat and has the right to stand his or her ground and
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14 meet force with force, including deadly force, if he or she
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15 reasonably believes it is necessary to do so to prevent death or
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16 great bodily harm to himself or herself or another or to prevent the
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17 commission of a forcible felony.
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18 E. A person who unlawfully and by force enters or attempts to
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19 enter the dwelling, residence, occupied vehicle of another person,
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20 place of business or, place of worship, or any other occupied
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21 premises is presumed to be doing so with the intent to commit an
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22 unlawful act involving force or violence.
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23 F. A person who uses defensive force, as permitted pursuant to
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24 the provisions of subsections A, B, D and E of this section, is
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1 justified in using such defensive force and is immune from criminal
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2 prosecution and civil action for the use of such defensive force.
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3 As used in this subsection, the term "criminal prosecution" includes
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4 charging or prosecuting the defendant.
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5 G. A law enforcement agency may use standard procedures for
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6 investigating the use of defensive force, but the law enforcement
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7 agency may not arrest the person for using defensive force unless it
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8 determines that there is probable cause that the defensive force
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9 that was used was unlawful.
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10 H. The court shall award reasonable attorney fees, court costs,
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11 compensation for loss of income, and all expenses incurred by the
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12 defendant in defense of any civil action brought by a plaintiff if
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13 the court finds that the defendant is immune from prosecution as
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14 provided in subsection F of this section.
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15 I. The provisions of this section and the provisions of the
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16 Oklahoma Self-Defense Act shall not be construed to require any
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17 person using a weapon pursuant to the provisions of this section to
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18 be licensed in any manner.
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19 J. A person pointing a weapon at a perpetrator in self-defense
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20 or in order to thwart, stop, or deter a forcible felony or attempted
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21 forcible felony shall not be deemed found guilty of committing a
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22 criminal act.
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23 K. 1. The defensive display of a firearm or other deadly
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24 weapon by a person shall not be a criminal act if a reasonable
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1 person would believe that physical force is immediately necessary to
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2 protect himself, herself, or another person against the use or
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3 attempted use of unlawful physical or deadly force by another or in
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4 defense of private property, located on any premises, owned, rented,
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5 leased, or occupied by permission of the property owner.
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6 2. The provisions of this subsection shall not apply to a
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7 person who:
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8 a. intentionally provokes another person to use or
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9 attempt to use unlawful physical or deadly force, or
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10 b. uses a firearm during the commission of an unlawful
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11 act involving force or violence.
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12 3. The provisions of this subsection shall not be construed to
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13 require the defensive display of a firearm or any other deadly
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14 weapon before the use of defensive force or the threat of defensive
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15 force by a person who is justified in the use or threatened use of
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16 defensive force.
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17 L. As used in this section:
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18 1. "Defensive display of a firearm" includes but is not limited
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19 to:
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20 a. verbally informing another person that the person
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21 possesses or has available a firearm or other deadly
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22 weapon,
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23 b. exposing or displaying a firearm or any other deadly
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24 weapon in a manner that a reasonable person would
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1 understand was meant to protect the person against the
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2 use or attempted use by another of unlawful physical
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3 or deadly force, or
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4 c. placing the hand of the person on a firearm or other
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5 deadly weapon while the firearm is contained in a
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6 pocket, purse, holster, sling scabbard, case, or other
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7 means of containment or transport;
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8 2. "Defensive force" includes, but shall is not be limited to,
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9 pointing a weapon at a perpetrator in self-defense or in order to
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10 thwart, stop, or deter a forcible felony or attempted forcible
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11 felony;
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12 2. 3. "Dwelling" means a building or conveyance of any kind,
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13 including any attached porch, whether the building or conveyance is
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14 temporary or permanent, mobile or immobile, which has a roof over
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15 it, including a tent, and is designed to be occupied by people;
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16 4. "Occupied premises" means any premises occupied by an owner,
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17 tenant, lessee, guest, or authorized user of the premises, including
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18 their agents;
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19 3. 5. "Place of worship" means:
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20 a. any permanent building, structure, facility, or office
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21 space owned, leased, rented, or borrowed, on a full-
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22 time basis, when used for worship services,
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23 activities, and business of the congregation, which
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1 may include, but not be limited to, churches, temples,
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2 synagogues, and mosques, and
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3 b. any permanent building, structure, facility, or office
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4 space owned, leased, rented, or borrowed for use on a
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5 temporary basis, when used for worship services,
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6 activities, and business of the congregation
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7 including, but not limited to, churches, temples,
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8 synagogues, and mosques;
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9 4. 6. "Residence" means a dwelling in which a person resides
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10 either temporarily or permanently or is visiting as an invited
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11 guest; and
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12 5. 7. "Vehicle" means a conveyance of any kind, whether or not
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13 motorized, which is designed to transport people or property.
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14 SECTION 5. It being immediately necessary for the preservation
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15 of the public peace, health or safety, an emergency is hereby
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16 declared to exist, by reason whereof this act shall take effect and
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17 be in full force from and after its passage and approval.
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Req. No. 69 Page 11Every fact on this page links to its source, starting with the official bill record.