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Oklahoma Legislature· SB 863Placed on General Order

An act relating to the Oklahoma Self-Defense Act, the official text

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1                     STATE OF OKLAHOMA

1

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

2

3 SENATE BILL 863                 By: Murdock
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4

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6

6

7                     AS INTRODUCED

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8   An Act relating to the Oklahoma Self-Defense Act;

8   amending 21 O.S. 2021, Section 1290.14, as amended by

9   Section 1, Chapter 156, O.S.L. 2024 (21 O.S. Supp.

9   2024, Section 1290.14), which relates to firearms

10  safety and training; modifying certain registration

10  approval requirement; amending 21 O.S. 2021, Sections

11  1290.18, 1290.19, and 1290.21, which relate to

11  handgun licenses; removing certain requirements

12  related to listing of firearms on certain forms;

12  removing requirement for replacement license for

13  additional firearm; updating statutory language; and

13  providing an effective date.

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17

17

18 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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19  SECTION 1.     AMENDATORY  21 O.S. 2021, Section 1290.14, as

19

20 amended by Section 1, Chapter 156, O.S.L. 2024 (21 O.S. Supp. 2024,
20

21 Section 1290.14), is amended to read as follows:
21

22  Section 1290.14.

22

23                    SAFETY AND TRAINING COURSE

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    Req. No. 170                                              Page 1
1   A. Each applicant for a license to carry a concealed or

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2 unconcealed handgun pursuant to the Oklahoma Self-Defense Act must
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3 successfully complete a firearms safety and training course in this
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4 state conducted by a registered and approved firearms instructor as
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5 provided by pursuant to the provisions of this section or from an
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6 interactive online firearms safety and training course available
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7 electronically via the Internet that is approved and certified by
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8 the Council on Law Enforcement Education and Training (CLEET). The
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9 applicant must further demonstrate competence and qualification with
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10 an authorized pistol to carry as a concealed or unconcealed handgun
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11 pursuant to the provisions of the Oklahoma Self-Defense Act, except
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12 certain persons may be exempt from such training requirement as
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13 provided by pursuant to the provisions of Section 1290.15 of this
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14 title.
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15  B. The Council on Law Enforcement Education and Training

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16 (CLEET) shall establish criteria for approving firearms instructors
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17 and interactive online firearms safety and training courses
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18 available electronically via the Internet for purposes of training
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19 and qualifying individuals for a handgun license pursuant to the
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20 provisions of the Oklahoma Self-Defense Act. Prior to submitting an
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21 application for CLEET approval as a firearms instructor, applicants
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22 shall attend a firearms instructor school, meeting the following
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23 minimum requirements:
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    Req. No. 170                                                Page 2
1   1. Firearms instructor training conducted by one of the

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2 following entities:
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3   a. Council on Law Enforcement Education and Training,

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4   b. National Rifle Association,

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5   c. Oklahoma Rifle Association,

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6   d. federal law enforcement agencies, or

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7   e. other professionally recognized organizations;

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8   2. The course shall be at least sixteen (16) hours in length;

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9   3. Upon completion of the course, the applicant shall be

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10 qualified to provide instruction on pistols; and
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11  4. Receive a course completion certificate.

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12  All firearms instructors shall be required to meet the

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13 eligibility requirements for a handgun license as provided in
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14 Sections 1290.9, 1290.10, and 1290.11 of this title and the
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15 application shall be processed as provided for applicants in Section
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16 1290.12 of this title, including the state and national criminal
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17 history records search and fingerprint search. A firearms
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18 instructor shall be required to pay a fee of One Hundred Dollars
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19 ($100.00) to the Council on Law Enforcement Education and Training
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20 (CLEET) each time the person makes application for CLEET approval as
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21 a firearms instructor pursuant to the provisions of the Oklahoma
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22 Self-Defense Act. The fee shall be retained by CLEET and shall be
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23 deposited into the Firearms Instructors Revolving Fund. CLEET shall
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24 promulgate the rules, forms, and procedures necessary to implement
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    Req. No. 170                                                Page 3
1 the approval of firearms instructors as authorized by the provisions
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2 of this subsection. CLEET shall periodically review each approved
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3 instructor during a training and qualification course to assure
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4 compliance with the rules and course contents. Any violation of the
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5 rules may result in the revocation or suspension of CLEET and
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6 Oklahoma State Bureau of Investigation approval. Unless the
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7 approval has been revoked or suspended, a firearms instructor's
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8 CLEET approval shall be for a term of five (5) years. CLEET shall
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9 be responsible for notifying all approved firearms instructors of
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10 statutory and policy changes related to the Oklahoma Self-Defense
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11 Act. A firearms instructor shall not be required to submit his or
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12 her fingerprints for a fingerprint search when renewing a firearms
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13 instructor's CLEET approval.
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14  C. 1. All firearms instructors approved by CLEET to train and

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15 qualify individuals for a handgun license shall be required to apply
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16 for registration with the Oklahoma State Bureau of Investigation
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17 after receiving CLEET approval. All firearms instructors teaching
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18 the approved course for a handgun license must display their
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19 registration certificate during each training and qualification
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20 course. Each approved firearms instructor shall complete a
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21 registration form provided by the Bureau and shall have the option
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22 to pay a registration fee of either One Hundred Dollars ($100.00)
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23 for a five-year registration certificate or Two Hundred Dollars
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24 ($200.00) for a ten-year registration certificate to the Bureau at
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    Req. No. 170                                               Page 4
1 the time of each application for registration, except as provided in
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2 paragraph 2 of this subsection. Registration certificates issued by
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3 the Bureau shall be valid for a period of five (5) years or ten (10)
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4 years from the date of issuance. The Bureau shall issue a five-year
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5 or ten-year handgun license to an approved firearms instructor at
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6 the time of issuance of a registration certificate and no additional
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7 fee shall be required or charged. The Bureau shall maintain a
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8 current listing of all registered firearms instructors in this
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9 state. Nothing in this paragraph shall be construed to eliminate
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10 the requirement for registration and training with CLEET as provided
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11 in subsection B of this section. Failure to register or be trained
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12 as required shall result in a revocation or suspension of the
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13 instructor certificate by the Bureau.
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14  2. Registered instructors listed in subparagraphs a and b of

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15 this paragraph shall not be required to renew the firearms
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16 instructor registration certificate with the Oklahoma State Bureau
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17 of Investigation at the expiration of the registration term,
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18 provided the instructor is not subject to any suspension or
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19 revocation of the firearms instructor certificate. The firearms
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20 instructor registration with the Oklahoma State Bureau of
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21 Investigation shall automatically renew together with the handgun
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22 license authorized in paragraph 1 of this subsection for an
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23 additional five-year term and no additional cost or fee may be
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24 charged for the following individuals:
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    Req. No. 170                                                Page 5
1   a. an active duty law enforcement officer of this state

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2                 or any of its political subdivisions or of the federal

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3                 government who has a valid CLEET approval as a

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4                 firearms instructor pursuant to the Oklahoma Self-

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5                 Defense Act, and

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6   b. a retired law enforcement officer authorized to carry

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7                 a firearm pursuant to Section 1289.8 of this title who

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8                 has a valid CLEET approval as a firearms instructor

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9                 pursuant to the Oklahoma Self-Defense Act.

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10  D. The Oklahoma State Bureau of Investigation shall approve

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11 registration for a firearms instructor applicant who is in full
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12 compliance with CLEET rules regarding firearms instructors and the
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13 provisions of subsection B of this section, if completion of the
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14 federal fingerprint search is the only reason for delay of
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15 registration of that firearms instructor applicant. Upon receipt of
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16 the federal fingerprint search information, if the Bureau receives
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17 information which precludes the person from having a handgun
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18 license, the Bureau shall revoke both the registration and the
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19 handgun license previously issued to the firearms instructor.
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20  E. The required firearms safety and training course and the

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21 actual demonstration of competency and qualification required of the
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22 applicant shall be designed and conducted in such a manner that the
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23 course can be reasonably completed by the applicant within an eight-
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24 hour period. CLEET shall establish the course content and
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    Req. No. 170                                               Page 6
 1 promulgate rules, procedures, and forms necessary to implement the
 1

 2 provisions of this subsection. For the training and qualification
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 3 course, an applicant may be charged a fee which shall be determined
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 4 by the instructor or entity that is conducting the course. The
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 5 maximum class size shall be determined by the instructor conducting
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 6 the course; provided, however, practice shooting sessions shall not
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 7 have more than ten participating students at one time. CLEET may
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 8 establish criteria for assistant instructors and any other
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 9 requirements deemed necessary to conduct a safe and effective
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10 training and qualification course. The course content shall include
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11 a safety inspection of the firearm to be used by the applicant in
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12 the training course; instruction on pistol handling, safety, and
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13 storage; dynamics of ammunition and firing; methods or positions for
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14 firing a pistol; information about the criminal provisions of the
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15 Oklahoma law relating to firearms; the requirements of the Oklahoma
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16 Self-Defense Act as it relates to the applicant; self-defense and
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17 the use of appropriate force; a practice shooting session; and a
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18 familiarization course. The firearms instructor shall refuse to
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19 train or qualify any person when the pistol to be used or carried by
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20 the person is either deemed unsafe or unfit for firing or is a
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21 weapon not authorized by the Oklahoma Self-Defense Act. The course
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22 shall provide an opportunity for the applicant to qualify himself or
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23 herself with a pistol; provided, no pistol shall be capable of
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24 firing larger than .45 caliber ammunition. Any applicant who
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Req. No. 170  Page 7
1 successfully trains and qualifies himself or herself with a pistol
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2 shall be approved by the firearms instructor on the training
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3 certificate. Upon successful completion of the training and
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4 qualification course, a certificate of training and a certificate of
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5 competency and qualification shall be issued to each applicant who
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6 successfully completes the course. The certificate of training and
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7 certificate of competency and qualification shall comply with the
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8 forms established by CLEET and shall be submitted with an
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9 application for a handgun license pursuant to the provisions of
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10 paragraph 2 of subsection A of Section 1290.12 of this title. The
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11 certificate of training and certificate of competency and
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12 qualification issued to an applicant shall be valid for a period of
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13 three (3) years.
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14  F. There is hereby created a revolving fund for the Council on

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15 Law Enforcement Education and Training (CLEET), to be designated the
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16 "Firearms Instructors Revolving Fund". The fund shall be a
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17 continuing fund, not subject to fiscal year limitations, and shall
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18 consist of all funds received for approval of firearms instructors
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19 for purposes of the Oklahoma Self-Defense Act. All funds received
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20 shall be deposited to the fund. All monies accruing to the credit
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21 of the fund are hereby appropriated and may be budgeted and expended
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22 by the Council on Law Enforcement Education and Training, for
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23 implementation of the training and qualification course contents,
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24 approval of firearms instructors and any other CLEET requirement
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    Req. No. 170                                              Page 8
1 pursuant to the provisions of the Oklahoma Self-Defense Act or as
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2 may otherwise be deemed appropriate by CLEET. Expenditures from the
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3 fund shall be made upon warrants issued by the State Treasurer
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4 against claims filed as prescribed by law with the Director of the
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5 Office of Management and Enterprise Services for approval and
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6 payment.
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7   G. Firearms instructors shall keep on file for a period of not

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8 less than three (3) years a roster of each training class, the
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9 safety test score of each individual, the caliber and the weapon
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10 each individual used when qualifying and whether or not each
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11 individual successfully completed the training course. Firearms
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12 instructors shall be authorized to destroy all training documents
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13 and records upon expiration of the three-year time period.
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14  SECTION 2.    AMENDATORY    21 O.S. 2021, Section 1290.18, is

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15 amended to read as follows:
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16  Section 1290.18.

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17                    APPLICATION FORM CONTENTS

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18  The application for a handgun license shall be completed upon

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19 the sworn oath of the applicant as provided in paragraph 5 of
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20 Section 1290.12 of this title. The application form shall be
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21 provided by the Oklahoma State Bureau of Investigation and shall
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22 contain the following information in addition to any other
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23 information deemed relevant by the Bureau:
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24  1. Applicant's full legal name;

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    Req. No. 170                                               Page 9
1   2. Applicant's birth name, alias names or nicknames;

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2   3. Applicant's maiden name, if applicable;

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3   4. County of residence;

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4   5. Length of residency at the current address;

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5   6. Previous addresses for the preceding three (3) years;

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6   7. Place of birth;

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7   8. Date of birth;

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8   9. Declaration of citizenship or alien or admission number for

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9 a non-United-States citizen;
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10  10. Race;

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11  11. Weight;

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12  12. Height;

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13  13. Sex;

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14  14. Color of eyes;

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15  15. Current driver license number;

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16  16. Military service number, if applicable;

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17  17. Law enforcement identification numbers, if applicable;

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18  18. Current occupation;

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19  19. Authorized type or types of pistol for which the applicant

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20 qualified as stated on the certificate of training or exemption of
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21 training which shall be stated as either derringer, revolver,
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22 semiautomatic pistol, or some combination of derringer, revolver and
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23 semiautomatic pistol and the maximum ammunition capacity of the
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24 firearm shall be .45 caliber;
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    Req. No. 170                                          Page 10
1   20. An acknowledgment that the applicant desires a handgun

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2 license as a means of lawful self-defense and self-protection and
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3 for no other intent or purpose;
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4   21. 20. A statement that the applicant has never been convicted

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5 of any felony offense in this state, another state or pursuant to
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6 any federal offense;
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7   22. 21. A statement that the applicant has none of the

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8 conditions which would preclude the issuing of a handgun license
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9 pursuant to any of the provisions of Sections 1290.10 and 1290.11 of
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10 this title and that the applicant further meets all of the
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11 eligibility criteria required by Section 1290.9 of this title;
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12  23. 22. An authorization for the Oklahoma State Bureau of

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13 Investigation to investigate the applicant and any or all records
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14 relating to the applicant for purposes of approving or denying a
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15 handgun license pursuant to the provisions of the Oklahoma Self-
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16 Defense Act;
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17  24. 23. An acknowledgment that the applicant has reviewed the

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18 Federal Bureau of Investigation Privacy Act Statement and the
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19 Oklahoma Self-Defense Act and is knowledgeable about its provisions;
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20  25. 24. A statement that the applicant is the identical person

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21 who completed the firearms training course for which the original
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22 training certificate is submitted as part of the application or a
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23 statement that the applicant is the identical person who is exempt
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24 from firearms training for which the original exemption certificate
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    Req. No. 170                                               Page 11
1 is submitted as part of the application, whichever is applicable to
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2 the applicant;
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3   26. 25. A conspicuous warning that the application is executed

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4 upon the sworn oath of the applicant and that any false or
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5 misleading answer to any question or the submission of any false
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6 information or documentation by the applicant is punishable by
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7 criminal penalty as provided in paragraph 5 of Section 1290.12 of
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8 this title;
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9   27. 26. A signed verification that the contents of the

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10 application are known to the applicant and are true and correct;
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11  28. 27. Two separate places for the original signature of the

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12 applicant;
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13  29. 28. A place for attachment of a passport-sized photograph

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14 of the applicant; and
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15  30. 29. A place for the signature and verification of the

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16 identity of the applicant by the sheriff or the sheriff's designee.
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17  Information provided by the person on an application for a

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18 handgun license shall be confidential except to law enforcement
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19 officers or law enforcement agencies.
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20  SECTION 3.    AMENDATORY    21 O.S. 2021, Section 1290.19, is

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21 amended to read as follows:
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22  Section 1290.19.

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23                              LICENSE FORM

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    Req. No. 170                                              Page 12
1   The handgun license shall be on a form prescribed by the

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2 Oklahoma State Bureau of Investigation and shall contain the
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3 following information in addition to any other information deemed
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4 relevant by the Bureau:
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5   1. The full name of the person;

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6   2. Current address;

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7   3. County of residence;

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8   4. Date of birth;

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9   5. Weight;

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10  6. Height;

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11  7. Sex;

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12  8. Race;

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13  9. Color of eyes;

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14  10. Handgun license identification number;

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15  11. Expiration date of the handgun license; and

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16  12. Date of issuance of the handgun license; and

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17  13. Authorized pistol to be either: (D) derringer, (R)

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18 revolver, (S) semiautomatic pistol, or some combination of
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19 derringer, revolver and semiautomatic pistol as may be authorized by
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20 the Oklahoma Self-Defense Act for which the person demonstrated
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21 qualification pursuant to the certificate of training or an
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22 exemption certificate.
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23  SECTION 4.    AMENDATORY    21 O.S. 2021, Section 1290.21, is

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24 amended to read as follows:
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    Req. No. 170                                               Page 13
1   Section 1290.21.

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2                     REPLACEMENT LICENSE

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3   A. In the event a handgun license becomes missing, lost,

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4 stolen, or destroyed, the license shall be invalid, and the person
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5 to whom the license was issued shall notify the Oklahoma State
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6 Bureau of Investigation within thirty (30) days of the discovery of
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7 the fact that the license is not in the possession of the licensee.
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8 The person may obtain a substitute license upon furnishing a
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9 notarized statement to the Bureau that the license is missing, lost,
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10 stolen, or destroyed and paying a fifteen-dollar Fifteen Dollar
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11 ($15.00) replacement fee. During any period when a license is
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12 missing, lost, stolen, or destroyed, the person shall have no
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13 authority to carry a concealed or unconcealed handgun pursuant to
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14 the provisions of the Oklahoma Self-Defense Act. The Bureau shall,
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15 upon receipt of the notarized statement and fee from the licensee,
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16 issue a substitute license with the same expiration date within ten
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17 (10) days of the receipt of the notarized statement and fee.
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18  B. Any person who knowingly or intentionally carries a

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19 concealed or unconcealed handgun pursuant to a handgun license
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20 authorized and issued pursuant to the provisions of the Oklahoma
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21 Self-Defense Act which is stolen shall, upon conviction, be guilty
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22 of a felony punishable by a fine of Five Thousand Dollars
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23 ($5,000.00).
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    Req. No. 170                                              Page 14
1   C. Any person having a valid handgun license pursuant to the

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2 Oklahoma Self-Defense Act may carry any make or model of an
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3 authorized pistol listed on the license, provided the type of pistol
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4 shall not be other than the type or types listed on the license. A
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5 person may complete additional firearms training for an additional
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6 type of pistol during any license period and upon successful
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7 completion of the training may request the additional type of pistol
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8 be included on the license. The person shall submit to the Bureau a
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9 fifteen-dollar replacement fee, the original certificate of training
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10 and qualification for the additional type of firearm, and a
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11 statement requesting the license be updated to include the
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12 additional type of pistol. The Bureau shall issue an updated
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13 license with the same expiration date within ten (10) days of the
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14 receipt of the request. The person shall have no authority to carry
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15 any additional type of pistol pursuant to the provisions of the
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16 Oklahoma Self-Defense Act until the updated license has been
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17 received by the licensee. The original license shall be destroyed
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18 upon receipt of an updated handgun license.
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19  D. A person may request during any license period an update for

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20 a change of address or change of name by submitting to the Bureau a
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21 fifteen-dollar Fifteen Dollar ($15.00) replacement fee, and a
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22 notarized statement that the address or name of the licensee has
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23 changed. The Bureau shall issue an updated license with the same
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24 expiration date within ten (10) days of receipt of the request. The
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    Req. No. 170                                               Page 15
1 original license shall be destroyed upon the receipt of the updated
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2 handgun license.
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3   SECTION 5. This act shall become effective November 1, 2025.

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    Req. No. 170                              Page 16
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