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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 39 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to firearms; amending 21 O.S. 2021,
7 Sections 1289.9, 1290.10, and 1290.11, which relate
8 to carrying weapons under the influence of alcohol
8 and the Oklahoma Self-Defense Act; modifying
9 inclusions; modifying elements of eligibility;
9 prohibiting certain denial; updating statutory
10 language and reference; and providing an effective
10 date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.9, is
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15 amended to read as follows:
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16 Section 1289.9.
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17 CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL
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18 It shall be unlawful for any person to carry or use shotguns,
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19 rifles, or pistols in any circumstances while under the influence of
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20 beer, intoxicating liquors or, any hallucinogenic, or any unlawful
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21 or unprescribed drug, and it shall be unlawful for any person to
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22 carry or use shotguns, rifles, or pistols when under the influence
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23 of any drug prescribed by a licensed physician or medical marijuana
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24 obtained pursuant to a valid medical marijuana patient license if
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Req. No. 104 Page 1
1 the current effects or aftereffects of such consumption affect
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2 mental, emotional, or physical processes to a degree that would
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3 result in abnormal behavior. Any person convicted of a violation of
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4 the provisions of this section shall be punished as provided in
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5 Section 1289.15 of this title.
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6 Any person convicted of a violation of the provisions of this
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7 section after having been issued a handgun license pursuant to the
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8 provisions of the Oklahoma Self-Defense Act shall have the license
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9 suspended for a term of six (6) months and shall be subject to an
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10 administrative fine of Fifty Dollars ($50.00), upon a hearing and
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11 determination by the Oklahoma State Bureau of Investigation that the
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12 person is in violation of the provisions of this section.
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13 SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.10, is
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14 amended to read as follows:
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15 Section 1290.10.
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16 MANDATORY PRECLUSIONS
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17 In addition to the requirements stated in Section 1290.9 of this
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18 title, the conditions stated in this section shall preclude a person
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19 from eligibility for a handgun license pursuant to the provisions of
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20 the Oklahoma Self-Defense Act. The occurrence of any one of the
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21 following conditions shall deny the person the right to have a
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22 handgun license pursuant to the provisions of the Oklahoma Self-
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23 Defense Act. Prohibited conditions are:
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1 1. Ineligible Ineligibility to possess a pistol due to any
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2 felony conviction or adjudication as a delinquent as provided by
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3 Section 1283 of this title, except as provided in subsection B of
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4 Section 1283 of this title;
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5 2. Any felony conviction pursuant to any law of another state,
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6 a felony conviction pursuant to any provision of the United States
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7 Code, or any conviction pursuant to the laws of any foreign country,
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8 provided such foreign conviction would constitute a felony offense
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9 in this state if the offense had been committed in this state,
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10 except as provided in subsection B of Section 1283 of this title;
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11 3. Adjudication as a mentally incompetent person pursuant to
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12 the provisions of the Oklahoma Mental Health Law, or an adjudication
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13 of incompetency entered in another state pursuant to any provision
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14 of law of that state, unless the person has been granted relief from
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15 the disqualifying disability pursuant to Section 1290.27 of this
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16 title;
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17 4. Any false or misleading statement on the application for a
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18 handgun license as provided by paragraph 5 of subsection A of
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19 Section 1290.12 of this title;
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20 5. Conviction of any one of the following misdemeanor offenses
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21 in this state or in any other state:
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22 a. any assault and battery which caused serious physical
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23 injury to the victim, or any second or subsequent
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24 assault and battery conviction,
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1 b. any aggravated assault and battery,
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2 c. any stalking pursuant to Section 1173 of this title,
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3 or a similar law of another state,
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4 d. a violation relating to the Protection from Domestic
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5 Abuse Act or any violation of a victim protection
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6 protective order of another state,
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7 e. any conviction relating to illegal drug use or
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8 possession, or
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9 f. an act of domestic abuse as defined by provided for in
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10 Section 644 of this title or an act of domestic
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11 assault and battery or any comparable acts under the
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12 laws of another state.
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13 The preclusive period for a misdemeanor conviction related to
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14 illegal drug use or possession shall be ten (10) years from the date
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15 of completion of a sentence. For purposes of this subsection, "date
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16 of completion of a sentence" shall mean the day an offender
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17 completes all incarceration, probation, and parole pertaining to
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18 such sentence;
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19 6. An attempted suicide or other condition relating to or
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20 indicating mental instability or an unsound mind which occurred
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21 within the preceding ten-year period from the date of the
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22 application for a license to carry a concealed firearm or that
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23 occurs during the period of licensure;
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1 7. Currently undergoing treatment for a mental illness,
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2 condition, or disorder. For purposes of this paragraph, "currently
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3 undergoing treatment for a mental illness, condition, or disorder"
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4 means the person has been diagnosed by a licensed physician as being
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5 afflicted with a substantial disorder of thought, mood, perception,
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6 psychological orientation, or memory that significantly impairs
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7 judgment, behavior, capacity to recognize reality, or ability to
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8 meet the ordinary demands of life;
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9 8. Significant character defects of the applicant as evidenced
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10 by a criminal record indicating habitual criminal activity;
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11 9. Ineligible Ineligibility to possess a pistol due to any
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12 provision of law of this state or the United States Code, except as
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13 provided in subsection B of Section 1283 of this title;
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14 10. Failure to pay an assessed fine or surrender the handgun
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15 license as required by a decision by the administrative hearing
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16 examiner pursuant to authority of the Oklahoma Self-Defense Act;
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17 11. Being subject to an outstanding felony warrant issued in
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18 this state or another state or the United States; or
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19 12. Adjudication as a delinquent as provided by Section 1283 of
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20 this title, except as provided in subsection B of Section 1283 of
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21 this title.
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22 An applicant shall not be considered ineligible solely on the
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23 basis of being a lawful holder of a medical marijuana patient
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24 license.
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1 SECTION 3. AMENDATORY 21 O.S. 2021, Section 1290.11, is
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2 amended to read as follows:
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3 Section 1290.11.
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4 OTHER PRECLUSIONS
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5 A. The following conditions shall preclude a person from being
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6 eligible for a handgun license pursuant to the provisions of the
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7 Oklahoma Self-Defense Act for a period of time as prescribed in each
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8 of the following paragraphs:
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9 1. An arrest for an alleged commission of a felony offense or a
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10 felony charge pending in this state, another state, or pursuant to
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11 the United States Code. The preclusive period shall be until the
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12 final determination of the matter;
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13 2. The person is subject to the provisions of a deferred
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14 sentence or deferred prosecution in this state or another state or
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15 pursuant to federal authority for the commission of a felony
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16 offense. The preclusive period shall be three (3) years and shall
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17 begin upon the final determination of the matter;
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18 3. Any involuntary commitment for a mental illness, condition,
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19 or disorder pursuant to the provisions of Section 5-410 of Title 43A
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20 of the Oklahoma Statutes or any involuntary commitment in another
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21 state pursuant to any provisions of law of that state. The
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22 preclusive period shall be permanent as provided by Title 18 of the
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23 United States Code Section 922(g)(4) unless the person has been
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1 granted relief from the disqualifying disability pursuant to Section
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2 1290.27 of this title;
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3 4. The person has previously undergone treatment for a mental
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4 illness, condition, or disorder which required medication or
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5 supervision as defined by provided for in paragraph 7 of Section
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6 1290.10 of this title. The preclusive period shall be three (3)
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7 years from the last date of treatment or upon presentation of a
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8 certified statement from a licensed physician stating that the
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9 person is either no longer disabled by any mental or psychiatric
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10 illness, condition, or disorder or that the person has been
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11 stabilized on medication for ten (10) years or more;
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12 5. Inpatient treatment for substance abuse. The preclusive
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13 period shall be three (3) years from the last date of treatment or
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14 upon presentation of a certified statement from a licensed physician
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15 stating that the person has been free from substance use for twelve
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16 (12) months or more preceding the filing of an application for a
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17 handgun license;
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18 6. Two or more convictions of public intoxication pursuant to
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19 subsection D of Section 6-101 of Title 37A of the Oklahoma Statutes,
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20 or a similar law of another state. The preclusive period shall be
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21 three (3) years from the date of the completion of the last sentence
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22 or shall require a certified statement from a licensed physician
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23 stating that the person is not in need of substance abuse treatment;
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1 7. Two or more misdemeanor convictions relating to intoxication
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2 or driving under the influence of an intoxicating substance or
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3 alcohol. The preclusive period shall be three (3) years from the
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4 date of the completion of the last sentence or shall require a
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5 certified statement from a licensed physician stating that the
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6 person is not in need of substance abuse treatment;
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7 8. A court order for a final Victim Protection Order protective
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8 order against the applicant, as authorized by the Protection from
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9 Domestic Abuse Act, or any court order granting a final victim
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10 protection protective order against the applicant from another
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11 state. The preclusive period shall be sixty (60) days from the date
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12 an order was vacated, canceled, withdrawn, or is otherwise no longer
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13 in effect;
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14 9. An adjudicated delinquent or convicted felon residing in the
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15 residence of the applicant which may be a violation of Section 1283
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16 of this title. The preclusive period shall be thirty (30) days from
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17 the date the person no longer resides in the same residence as the
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18 applicant;
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19 10. An arrest for an alleged commission of, a charge pending
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20 for, or the person is subject to the provisions of a deferred
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21 prosecution for any one or more of the following misdemeanor
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22 offenses in this state or another state:
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1 a. any assault and battery which caused serious physical
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2 injury to the victim or any second or subsequent
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3 assault and battery,
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4 b. any aggravated assault and battery,
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5 c. any stalking pursuant to Section 1173 of this title,
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6 or a similar law of another state,
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7 d. any violation of the Protection from Domestic Abuse
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8 Act or any violation of a victim protection protective
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9 order of another state,
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10 e. any violation relating to illegal drug use or
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11 possession except for an applicant or licensee in
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12 legal possession of a medical marijuana patient
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13 license, or
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14 f. an act of domestic abuse as defined by provided for in
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15 Section 644 of this title or an act of domestic
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16 assault and battery or any comparable acts under the
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17 law of another state.
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18 The preclusive period shall be until the final determination of the
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19 matter. The preclusive period for a person subject to the
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20 provisions of a deferred sentence for the offenses mentioned in this
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21 paragraph shall be three (3) years and shall begin upon the final
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22 determination of the matter; or
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23 11. A previously issued handgun license has been revoked. The
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24 preclusive period shall be five (5) years from the date of
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1 revocation and shall require the person to submit a new application
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2 for a handgun license pursuant to the provisions of Section 1290.12
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3 of this title.
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4 B. Nothing in this section shall be construed to require a full
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5 investigation of the applicant by the Oklahoma State Bureau of
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6 Investigation.
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7 C. Nothing in this section shall be construed to allow the
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8 Oklahoma State Bureau of Investigation to deny an otherwise
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9 qualified applicant from obtaining a handgun license pursuant to the
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10 Oklahoma Self-Defense Act solely on the basis of the applicant being
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11 a lawful holder of a medical marijuana patient license.
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12 SECTION 4. This act shall become effective November 1, 2025.
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14 60-1-104 CN 12/18/2024 8:28:13 AM
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Req. No. 104 Page 10Every fact on this page links to its source, starting with the official bill record.