Protecting Houses of Worship Program June 14, 2016 Oklahoma Self-Defense Act Overview

Oklahoma Self Defense Act 21 O.S. § et seq  The State Legislature passed The Oklahoma Self-Defense Act in  The statute allows Oklahoma residents to obtain a license to carry a handgun.  It originally required those holding a license to carry their handgun concealed.

 Senate Bill 1733 was signed into law on  The Bill went into effect on  The Bill amended the Oklahoma Self- Defense Act and numerous other firearms statutes.  The most significant change is that it transformed the “concealed” handgun license into a handgun license.

Oklahoma Handgun Licenses  On November 1, 2012 all concealed handgun licenses became handgun licenses.  Over 257,000 handgun licenses have been issued in Oklahoma to date  13 million licenses have been issued nationwide. Approximately 1 of every 20 adults.

 Under the new law a person with a handgun license may carry a handgun either concealed or unconcealed (Not larger than.45 caliber).  There are many statutory restrictions on where a handgun may be carried  We will take a closer look at the many restrictions later in this class.

 Concealed Handgun: a loaded or unloaded pistol, the presence of which is not openly discernible to the ordinary observation of a reasonable person.

 Unconcealed Handgun: a loaded or unloaded pistol carried upon the person in a belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case designed for carrying firearms that is wholly or partially visible…

 Pistol: any derringer, revolver or semiautomatic firearm which is less than 16” in overall length, designed to be fired single handed, capable of discharging a projectile reasonably expected to be able to cause lethal injury, uses either gunpowder, gas or any means of rocket propulsion  Does NOT apply to homemade or imitation pistols, flare guns, underwater fishing guns or blank pistols.

 The person shall be required to have possession of his or her valid handgun license and a valid Oklahoma driver’s license or an Oklahoma State photo identification card at all times when in possession of an authorized pistol.

Oklahoma Self Defense Act - Notification 21 O.S. §  Notification to Police of Gun  It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed or unconcealed handgun pursuant to the authority of the OK Self- Defense Act when the person comes into contact with any law enforcement officer during the course of any arrest, detainment or routine traffic stop.

 Identification to the officer shall be made at the first opportunity  No person shall be required to identify him or herself as a handgun licensee when NO handgun is in the possession of the person or in any vehicle in which the person is driving or is a passenger.

 The person shall display the handgun license on demand of a law enforcement officer  Provided, however, a person carrying an unconcealed or concealed handgun shall NOT be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand.

 Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed or unconcealed without probable cause that a crime has been committed.  Carrying without a license would be governed by 21 O.S. §1272 – Unlawful Carry, unless another exception applies.

Business Owner Rights 21 O.S. §  Nothing contained in any provision of the Oklahoma Self-Defense Act, shall be construed to limit, restrict or prohibit in any manner the existing rights of any person, property owner, tenant, employer, place of worship or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

 If the building or property is open to the public, a person or entity wanting to prohibit concealed or unconcealed firearms on their premises must post signs on or about the property stating such prohibition.

No Firearms Allowed

 The carrying of a concealed or unconcealed firearm by a person with a handgun license on property that has signs prohibiting the carrying of firearms shall NOT be a criminal act.  It may subject the person to being denied entrance onto the property or removed from the property.

 If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount not to exceed $250.  If a person refuses to leave, officers may allow the person in control of the establishment to make a citizen’s arrest for trespass and have the complaining party sign the citation.

Prohibiting Persons from Transporting, Storing Firearms in Locked Vehicle 21 O.S. §1289.7a & 21 O.S. § (B) No person, property owner, tenant employer, place of worship or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting & storing firearms in a locked vehicle on any property set aside for any vehicle (parking lots).

A person, property owner, tenant, employer, place of worship or business entity that does or does not prohibit any individual (except a convicted felon) from carrying a weapon on their property is immune from any liability arising from that decision. Except for acts of gross negligence or willful or wanton misconduct. Liability

An employer who does or does not prohibit their employees from carrying a weapon is immune from any liability arising from that decision. The provisions of this subsection shall not apply to claims pursuant to the Workers' Compensation Code.

Unlawful Carry in Certain Places 21 O.S. §1277  This statute makes it unlawful for any person in possession of a valid handgun license to carry a handgun into a long list of places:  Any structure, building or office space owned or leased by a city, state or federal government for the purpose of conducting business with the public

 Any prison, jail, or detention facility  Any elementary or secondary school  Any sports arena during a professional sporting event  Any place where pari-mutuel wagering is authorized

 Any other place specifically prohibited by law.  Generally, the statute allows a handgun licensee to have a handgun in the parking lot adjacent to the list of excluded places.  Presumably, this is so citizens have a place to leave their handgun while inside the excluded location.

 The provisions of this section do NOT apply to any peace officers, judges or private investigators acting in the scope of their employment or to any other person authorized to carry a pistol in the course of their employment  Violation is a misdemeanor punishable by a fine up to $250.

 The list of prohibited places does NOT include, and specifically excludes the following property:  Any property designated by a city, town, county or state, governmental authority as a park, recreational area or fairgrounds.  The person(s) in charge of buildings or structures on a fairground may exclude firearms from those structures.

Questions?