OKLAHOMA STATUTES ANNOTATED
TITLE 21. CRIMES AND PUNISHMENTS
PART VI. CRIMES AGAINST PUBLIC PEACE
CHAPTER 53. MANUFACTURING, SELLING AND WEARING WEAPONS
OKLAHOMA SELF-DEFENSE ACT
s 1290.1. Short title
s 1290.2. Definitions
s 1290.3. Authority to issue
license
s 1290.4. Unlawful carry
s 1290.5. Term of license
and renewal
s 1290.6. Prohibited ammunition
s 1290.7. Construing authority
of license
s 1290.8. Possession of license
required--Notification to police of gun
s 1290.9. Eligibility
s 1290.10. Mandatory preclusions
s 1290.11. Other preclusions
s 1290.12. Procedure for application
s 1290.13. Automatic listing
of licenses
s 1290.14. Safety and training
course
s 1290.15. Persons exempt
from training course
s 1290.16. Statistical report
s 1290.17. Suspension and
revocation of license
s 1290.18. Application form
contents
s 1290.19. License form
s 1290.20. Penalty for refusal
to submit or falsification
s 1290.21. Replacement license
s 1290.22. Business owner's
rights
s 1290.23. Deposit of fees
by OSBI
s 1290.24. Immunity
s 1290.25. Legislative intent
s 1290.1. Short title
SHORT TITLE
Sections 1 through 25 of this
act [FN1] shall be known and may be cited as
the "Oklahoma Self-Defense
Act".
s 1290.2. Definitions
DEFINITIONS
As used in Sections 1 through
25 of this act: [FN1]
1. "Concealed handgun" means
a loaded or unloaded pistol carried hidden from
the detection and view of
another person either upon or about the person, in a
purse or other container belonging
to the person, or in a vehicle which is
operated by the person or
in which the person is riding as a passenger; and
2. "Pistol" means any derringer,
revolver or semiautomatic firearm which:
a. has an overall
length of less than sixteen (16) inches and is able to be
fully concealed
from detection and view,
b. is capable
of discharging a projectile composed of any material which may
reasonably
be expected to be able to cause lethal injury,
c. is designed
to be held and fired by the use of a single hand, and
d. uses either
gunpowder, gas or any means of rocket propulsion to discharge
the projectile.
The definition of pistol for
purposes of the Oklahoma Self-Defense Act
[FN1] shall not apply to homemade
or imitation pistols, flare guns,
underwater fishing guns or
blank pistols.
s 1290.3. Authority to issue license
AUTHORITY TO ISSUE LICENSE
The Oklahoma State Bureau
of Investigation is hereby authorized to license an
eligible person to carry a
concealed handgun as provided by the provisions of
the Oklahoma Self-Defense
Act, Sections 1 through 25 of this act. [FN1] The
Bureau's authority shall be
limited to the provisions specifically provided in
the Oklahoma Self-Defense
Act. The Bureau shall promulgate rules, forms and
procedures necessary to implement
the provisions of the Oklahoma Self-Defense
Act.
s 1290.5. Term of license and renewal
TERM OF LICENSE AND RENEWAL
A concealed handgun license
when issued shall authorize the person to whom the
license is issued to carry
a loaded or unloaded concealed handgun as authorized
by the provisions of the Oklahoma
Self-Defense Act, Sections 1 through 25 of
this act, [FN1] and any future
modifications thereto. The license shall be
valid in this state for a
period of four (4) years, unless subsequently
suspended or revoked as provided
by law.
A license may be renewed
in the same manner provided for issuing an original
license, except the training
requirements of Section 14 of this act [FN2]
shall not apply to a renewal.
The person shall have no authority to continue
to carry a concealed handgun
in this state pursuant to the Oklahoma Self-
Defense Act when a license
is allowed to expire or when a license has been
suspended or revoked for any
reason.
s 1290.6. Prohibited ammunition
PROHIBITED AMMUNITION
Any concealed handgun when
carried in a manner authorized by the provisions of
the Oklahoma Self-Defense
Act, Sections 1 through 25 of this act, [FN1] when
loaded with any ammunition
which is either a restricted bullet as defined by
Section 1289.19 of Title 21
of the Oklahoma Statutes or is larger than .45
caliber or is otherwise prohibited
by law shall be deemed a prohibited weapon
for purposes of the Oklahoma
Self-Defense Act. Any person violating the
provisions of this section
shall be punished for a criminal offense as provided
by Section 1272 of Title 21
of the Oklahoma Statutes or any other applicable
provision of law. In
addition to any criminal prosecution for a violation of
the provisions of this section,
the licensee shall be subject to an
administrative fine of Five
Hundred Dollars ($500.00), upon a hearing and
determination by the Oklahoma
State Bureau of Investigation that the person is
in violation of the provisions
of this section.
s 1290.7. Construing authority of license
CONSTRUING AUTHORITY OF LICENSE
The authority to carry a concealed
handgun pursuant to a valid handgun license
as authorized by the provisions
of the Oklahoma Self-Defense Act, Sections 1
through 25 of this act, [FN1]
shall not be construed to authorize any person
to:
1. Carry or possess any weapon
other than an authorized pistol as defined by
the provisions of Section
2 of this act; [FN2]
2. Carry or possess any pistol
in any manner or in any place otherwise
prohibited by law;
3. Carry or possess any prohibited
ammunition or any illegal, imitation or
homemade pistol;
4. Carry or possess any pistol
when the person is prohibited by state or
federal law from carrying
or possessing any firearm; or
5. Point, discharge, intentionally
display the pistol, or use the pistol in
any manner not otherwise authorized
by law.
s 1290.8. Possession of license required--Notification to police of gun
POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN
A. Except as otherwise prohibited
by law, an eligible person shall have
authority to carry a concealed
handgun in this state when the person has been
issued a handgun license from
the Oklahoma State Bureau of Investigation
pursuant to the provisions
of the Oklahoma Self-Defense Act, Sections 1 through
25 of this act, [FN1] provided
the person is in compliance with the
provisions of the Oklahoma
Self-Defense Act, and the license has not expired or
been subsequently suspended
or revoked.
B. The person shall be required
to have possession of his or her valid handgun
license and a valid Oklahoma
driver license or an Oklahoma State photo
identification at all times
when in possession of an authorized pistol. Any
violation of the provisions
of this subsection may be punishable as a criminal
offense as authorized by Section
1272 of Title 21 of the Oklahoma Statutes
or any other applicable provision
of law. In addition to any criminal
prosecution which may result
from not carrying the handgun license with the
authorized pistol as required
by the provisions of this subsection, the person
may be subject to an administrative
fine for violation of the provisions of
this subsection. The
administrative fine shall be Fifty Dollars ($50.00) and
shall be assessed by the Oklahoma
State Bureau of Investigation after a hearing
and determination that the
licensee is in violation of the provisions of this
subsection. Any second
or subsequent violation of the provisions of this
subsection shall be grounds
for the Bureau to suspend the handgun license for a
period of six (6) months,
in addition to any other penalty imposed.
The person may show proof
to the court that a valid handgun license has been
issued to such person and
may state any reason why the license was not carried
by the person as required
by the Oklahoma Self-Defense Act. The court shall
dismiss an alleged violation
of Section 1272 of Title 21 of the Oklahoma
Statutes upon payment of court
costs, if proof of a valid handgun license is
shown to the court within
ten (10) days of the arrest of the person. The court
shall report a dismissal of
a charge to the Bureau for consideration of
administrative proceedings
against the licensee.
C. 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 handgun pursuant to the
authority of the Oklahoma
Self-Defense Act when the person first comes into
contact with any law enforcement
officer of this state or its political
subdivisions or a federal
law enforcement officer during the course of any
arrest, detainment or routine
traffic stop. Any violation of the provisions of
this subsection shall, upon
conviction, be a misdemeanor punishable by a fine
not exceeding Five Hundred
Dollars ($500.00), by imprisonment in the county
jail for a period not to exceed
ninety (90) days, or by both such fine and
imprisonment. In addition
to any criminal prosecution for a violation of the
provisions of this subsection,
the licensee shall be subject to an
administrative fine of Fifty
Dollars ($50.00), upon a hearing and determination
by the Bureau that the person
is in violation of the provisions of this
subsection.
s 1290.9. Eligibility
ELIGIBILITY
The following requirements
shall apply to any person making application to the
Oklahoma State Bureau of Investigation
for a concealed handgun license pursuant
to the provisions of the Oklahoma
Self-Defense Act, Sections 1 through 25 of
this act. [FN1] The
person must:
1. Be a citizen of the United
States;
2. Be a current resident
of the State of Oklahoma and have been a resident for
at least six (6) consecutive
months immediately preceding the date of
submitting the application
for a handgun license;
3. Be at least twenty-three
(23) years of age;
4. Complete a firearms safety
and training course and demonstrate competence
and qualifications with the
type of pistol to be carried by the person as
provided in Section 14 of
this act, [FN2] and submit proof of training and
qualification or an exemption
for training and qualification as authorized by
Section 14 of this act;
5. Submit the required fee
and complete the application process as provided in
Section 12 of this act; [FN3]
and
6. Comply in good faith with
the provisions of the Oklahoma Self-Defense Act.
s 1290.10. Mandatory preclusions
MANDATORY PRECLUSIONS
In addition to the requirements
stated in Section 9 of this act, [FN1] the
conditions stated in this
section shall preclude a person from eligibility for
a handgun license pursuant
to the provisions of the Oklahoma Self-Defense Act,
Sections 1 through 25 of this
act. [FN2] The occurrence of any one of the
following conditions shall
deny the person the right to have a handgun license
pursuant to the provisions
of the Oklahoma Self-Defense Act. Prohibited
conditions are:
1. Ineligible to possess
a pistol due to any felony conviction or adjudication
as a delinquent as provided
by Section 1283 of Title 21 of the Oklahoma
Statutes;
2. Any felony conviction
in another state or a federal felony conviction
pursuant to any provision
of law of that state or the United States Code;
3. Adjudication as an incompetent
person pursuant to the provisions of the
Oklahoma Mental Health Law,
Section 1-101 et seq. of Title 43A of the
Oklahoma Statutes or an adjudication
of incompetency entered in another state
pursuant to any provision
of law of that state;
4. Any conviction for a false
or misleading statement on the application for a
handgun license as provided
by paragraph 5 of Section 12 of this act; [FN3]
5. Conviction of any one
of the following misdemeanor offenses in this state:
a. any assault
and battery which caused serious physical injury to the
victim,
b. any aggravated
assault and battery,
c. stalking pursuant
to Section 1173 of Title 21 of the Oklahoma
Statutes,
d. a conviction
of any provision of the Protection from Domestic Abuse Act,
Section
60 et seq. of Title 22 of the Oklahoma Statutes, or
e. any conviction
relating to illegal drug use or possession;
6. An attempted suicide or
other condition relating to or indicating mental
instability;
7. Significant character
defects of the applicant as evidenced by a criminal
record indicating habitual
criminal activity; and
8. Ineligible to possess
a pistol due to any provision of law of this state or
the United States Code.
s 1290.11. Other preclusions
OTHER PRECLUSIONS
The following conditions shall
preclude a person from being eligible for a
concealed handgun license
pursuant to the provisions of the Oklahoma Self-
Defense Act, Sections 1 through
25 of this act, [FN1] for a period of three
(3) years from the date of
the occurrence of the condition or until the
condition has been removed:
1. An arrest for an alleged
commission of a felony offense or a felony charge
pending in this state, another
state or pursuant to the United States Code;
2. The person is subject
to the provisions of a deferred sentence or deferred
prosecution in this state
or another state or pursuant to federal authority for
the commission of a felony
offense;
3. Any involuntary commitment
for a mental illness or condition pursuant to
the provisions of Section
5-401 of Title 43A of the Oklahoma Statutes or any
involuntary commitment in
another state pursuant to any provisions of law of
that state;
4. Currently undergoing treatment
for a mental illness, condition or disorder
which requires medication
or supervision;
5. Inpatient treatment for
substance abuse;
6. Two or more convictions
of public intoxication pursuant to Section 8 of
Title 37 of the Oklahoma Statutes;
7. Two or more convictions
relating to intoxication or driving under the
influence of an intoxicating
substance or alcohol;
8. Upon the entry of a court
order for a Victim Protection Order against the
applicant, as authorized by
Section 60 et seq. of Title 22 of the Oklahoma
Statutes;
9. An adjudicated delinquent
or convicted felon residing in the residence of
the applicant which may be
a violation of Section 1283 of Title 21 of the
Oklahoma Statutes; or
10. An arrest for an alleged
commission of, a charge pending for, or the
person is subject to the provisions
of a deferred sentence or a deferred
prosecution for any one or
more of the following misdemeanor offenses in this
state:
a. any assault
and battery which caused serious physical injury to the
victim,
b. any aggravated
assault and battery,
c. stalking pursuant
to Section 1173 of Title 21 of the Oklahoma
Statutes,
d. a violation
of the Protection from Domestic Abuse Act, Section 60 et
seq. of
Title 22 of the Oklahoma Statutes, or
e. any violation
relating to illegal drug use or possession.
Nothing in this section shall
be construed to require a full investigation of
the applicant by the Oklahoma
State Bureau of Investigation.
s 1290.12. Procedure for application
PROCEDURE FOR APPLICATION
The procedure for applying
for a concealed handgun license and processing the
application shall be as follows:
1. An eligible person may
request an application packet for a concealed
handgun license from the Oklahoma
State Bureau of Investigation either in
person or by mail on and after
January 1, 1996. The Bureau shall provide the
following information in the
application packet:
a. an application
form,
b. procedures
to follow to process the application form,
c. a list of
registered approved firearms instructors in this state where
the required
training and qualification certificate or exemption from
training
may be obtained, and
d. a copy of
this act; [FN1]
2. The person shall be required
to successfully complete a firearms safety and
training course from a firearms
instructor who is approved and registered in
this state as provided in
Section 14 of this act, [FN2] and the person shall
be required to demonstrate
competency and qualification with a pistol
authorized for concealed carry
by the Oklahoma Self-Defense Act. [FN1] The
original certificate of training
shall be submitted with the application for a
handgun license. No
duplicate, copy, facsimile or other reproduction of the
certificate of training or
exemption from training shall be acceptable as proof
of training as required by
the provisions of the Oklahoma Self-Defense Act. A
person exempt from the training
requirements as provided in Section 15 of this
act [FN3] must show
the required proof of such exemption to the firearms
instructor to receive an exemption
certificate. The exemption certificate must
be submitted with the application
for a handgun license when the person claims
an exemption from training
and qualification;
3. The application form shall
be completed and delivered by the applicant in
person to the sheriff of the
county wherein the applicant resides;
4. The person shall deliver
to the sheriff at the time of delivery of the
completed application form
a one-hundred-dollar fee for processing the
application through the Oklahoma
State Bureau of Investigation and processing
the required fingerprints
through the Federal Bureau of Investigation except as
otherwise provided in subsection
C of Section 15 of this act. The processing
fee shall be in the form of
a money order or a cashier's check made payable to
the Oklahoma State Bureau
of Investigation. The processing fee shall not be
refundable in the event of
a denial of a handgun license or any suspension or
revocation subsequent to the
issuance of a license;
5. The completed application
form shall be signed by the applicant in person
before the sheriff.
The signature shall be given voluntarily upon a sworn oath
that the person knows the
contents of the application and that the information
is true and correct.
Any person making any false or misleading statement on an
application for a handgun
license shall, upon conviction, be guilty of perjury
as defined by Section 491
of Title 21 of the Oklahoma Statutes. Any
conviction shall be punished
as provided in Section 500 of Title 21 of the
Oklahoma Statutes. In
addition to a criminal conviction, the person shall be
denied the right to have a
concealed handgun license pursuant to the provisions
of Section 10 of this act
[FN4] and the Oklahoma State Bureau of
Investigation shall revoke
the handgun license;
6. Two passport size photographs
of the applicant shall be submitted with the
completed application.
The cost of the photographs shall be the responsibility
of the applicant. The
sheriff is authorized to take the applicant's photograph
for purposes of the Oklahoma
Self-Defense Act and, if such photographs are
taken by the sheriff the costs
of the photographs shall not exceed Ten Dollars
($10.00) for the two photos.
All money received by the sheriff from
photographing applicants pursuant
to the provisions of this paragraph shall be
retained by the sheriff and
deposited into the Sheriff's Service Fee Account;
7. The sheriff shall witness
the signature of the applicant and review or take
the photographs of the applicant
and shall verify that the person making
application for a handgun
license is the same person in the photographs
submitted and the same person
who signed the application form. Proof of a
valid Oklahoma driver license
with a photograph of the applicant or an Oklahoma
State photo identification
for the applicant shall be required to be presented
by the applicant to the sheriff
for verification of the person's identity;
8. Upon verification of the
identity of the applicant, the sheriff shall take
two complete sets of fingerprints
of the applicant. Both sets of fingerprints
shall be submitted by the
sheriff with the completed application, certificate
of training or an exemption
certificate, photographs and processing fee to the
Oklahoma State Bureau of Investigation
within fourteen (14) days of taking the
fingerprints. The cost
of the fingerprints shall be paid by the applicant and
shall not exceed Twenty-five
Dollars ($25.00) for the two sets except as
otherwise provided in subsection
C of Section 15 of this act. All fees
collected by the sheriff from
taking fingerprints pursuant to the provisions of
this paragraph shall be retained
by the sheriff and deposited into the
Sheriff's Service Fee Account;
9. The sheriff shall submit
to the Oklahoma State Bureau of Investigation
within the fourteen-day period,
together with the completed application,
certificate of training or
exemption certificate, photographs, processing fee
and fingerprints, a report
of information deemed pertinent to an investigation
of the applicant for a handgun
license. If no information is found to exist
either for or against the
applicant, the sheriff shall so indicate in the
report;
10. The Oklahoma State Bureau
of Investigation, upon receipt of the
application and required information
from the sheriff, shall forward one full
set of fingerprints of the
applicant to the Federal Bureau of Investigation for
a national criminal history
records search. The costs of processing the
fingerprints nationally shall
be paid from the processing fee collected by the
Oklahoma State Bureau of Investigation;
11. The Oklahoma State Bureau
of Investigation shall make a reasonable effort
to investigate the applicant
and ascertain whether or not the issuance of a
handgun license would be in
violation of the provisions of the Oklahoma Self-
Defense Act. The Bureau's
investigation of an applicant shall include but
shall not be limited to:
a statewide criminal history records search, a
national criminal history
records search based upon a Federal Bureau of
Investigation fingerprint
search, and if applicable, an investigation of
medical records or other records
or information deemed by the Bureau to be
relevant to the application;
12. The Oklahoma State Bureau
of Investigation shall either issue a concealed
handgun license or deny the
application within ninety (90) days of the date of
receipt of the required information
from the sheriff. The Bureau shall deny a
license when the applicant
fails to properly complete the application form or
application process or is
determined not to be eligible as specified by the
provisions of Section 9, 10
or 11 of this act. [FN5] The Bureau shall
approve an application in
all other cases. If an application is denied, the
Bureau shall notify the applicant
in writing of its decision. The notification
shall state the grounds for
the denial and inform the applicant of the right to
an appeal as may be provided
by the provisions of the Oklahoma Administrative
Procedures Act. [FN6]
When an application is approved, the Bureau shall
issue the license and mail
it to the sheriff of the county wherein the
applicant resides. The
applicant may pick up the concealed handgun license
from the sheriff's office.
Nothing contained in any
provision of the Oklahoma Self-Defense Act shall be
construed to require or authorize
the registration, documentation or providing
of serial numbers with regard
to any firearm. For purposes of the Oklahoma
Self-Defense Act, the sheriff
may designate a person to receive, fingerprint,
photograph or otherwise process
applications for concealed handgun licenses.
s 1290.13. Automatic listing of licenses
AUTOMATIC LISTING OF LICENSES
The Oklahoma State Bureau
of Investigation shall maintain an automated listing
of all persons issued a concealed
handgun license in this state pursuant to the
provisions of the Oklahoma
Self-Defense Act, Sections 1 through 25 of this
act, [FN1] and all subsequent
suspended or revoked licenses. Information
from the automated listing
shall be available to any law enforcement officer or
law enforcement agency upon
request. The Bureau shall also maintain for each
applicant the original application
or a copy of the original application form
and any subsequent renewal
application forms together with the photographs,
fingerprints and other pertinent
information on the applicant which shall be
confidential, except to law
enforcement officers or law enforcement agencies.
s 1290.14. Safety and training course
SAFETY AND TRAINING COURSE
A. Each applicant must successfully
complete a firearms safety and training
course in this state conducted
by a registered and approved firearms instructor
as provided by the provisions
of this section. The applicant must further
demonstrate competence and
qualification with an authorized pistol of the type
or types that the applicant
desires to carry as a concealed handgun pursuant to
the provisions of the Oklahoma
Self-Defense Act, Sections 1 through 25 of this
act, [FN1] except certain
persons may be exempt from such training
requirement as provided by
the provisions of Section 15 of this act. [FN2]
B. The Council on Law Enforcement
Education and Training (CLEET) shall
establish criteria for approving
firearms instructors for purposes of training
and qualifying individuals
for a concealed handgun license pursuant to the
provisions of the Oklahoma
Self-Defense Act. All firearms instructors shall be
required to meet the eligibility
requirements for a concealed handgun license
as provided in Sections 9,
10, and 11 of this act [FN3] and, in addition,
each instructor shall have
a national and state criminal history records search
and be fingerprinted by the
Oklahoma State Bureau of Investigation. A firearms
instructor shall be required
to pay a one-hundred-dollar fee to CLEET each year
when applying for an approval
pursuant to the provisions of the Oklahoma Self-
Defense Act. The fee
shall be retained by CLEET and shall be deposited into
the Firearms Instructors Revolving
Fund. CLEET shall promulgate the rules,
forms and procedures necessary
to implement the approval of firearms
instructors as authorized
by the provisions of this subsection. CLEET shall
periodically review each approved
instructor during a training and
qualification course to assure
compliance with the rules and course contents.
Any violation of the rules
may result in the approval being revoked or
suspended.
C. All firearms instructors
approved by CLEET to train and qualify individuals
for a concealed handgun license
shall be required to register annually with the
Oklahoma State Bureau of Investigation
and shall display their approval and
registration credentials during
each training and qualification course. Each
approved firearms instructor
shall complete a registration form provided by the
Bureau and shall pay a one-hundred-dollar
registration fee to the Bureau at the
time of each registration.
The Bureau shall maintain a current listing of all
registered and approved firearms
instructors in this state and the list shall
be made available to each
applicant in the application packet provided by the
Bureau.
D. The required firearms safety
and training course and the actual
demonstration of competency
and qualification required of the applicant shall
be designed and conducted
in such a manner to be completed by the applicant
within an eight-hour period.
CLEET shall establish the course content and
promulgate rules, procedures
and forms necessary to implement the provisions of
this subsection. For
the training and qualification course, an applicant may
be charged a fee not to exceed
Sixty Dollars ($60.00). The instructor to
student ratio should be not
more than ten students to any one instructor.
CLEET may establish criteria
for assistant instructors, maximum class size and
any other requirements deemed
necessary to conduct a safe and effective
training and qualification
course. The course content shall include a safety
inspection of the firearm
to be used by the applicant in the training course;
instruction on pistol handling,
safety and storage; dynamics of ammunition and
firing; methods or positions
for firing a pistol; information about the
criminal provisions of the
Oklahoma law relating to firearms; the requirements
of the Oklahoma Self-Defense
Act as it relates to the applicant; self-defense
and the use of appropriate
force; a practice shooting session; and a
familiarization course.
The firearms instructor shall refuse to train or
qualify any person when the
pistol to be used or carried by the person is
either deemed unsafe or unfit
for firing or is a weapon not authorized by the
Oklahoma Self-Defense Act.
The course shall provide an opportunity for the
applicant to qualify on either
a derringer, a revolver, a semiautomatic pistol
or any combination of a derringer,
a revolver and a semiautomatic pistol,
provided the pistol is capable
of firing no larger than .45 caliber
ammunition. Any applicant
who successfully trains and qualifies with a
semiautomatic pistol may be
approved by the firearms instructor on the training
certificate for a semiautomatic
pistol, a revolver and a derringer upon request
but any person who qualifies
on a derringer or revolver shall not be eligible
for a semiautomatic rating
until the person has demonstrated competence and
qualifications on a semiautomatic
pistol. Upon successful completion of the
training and qualification
course, a certificate shall be issued to each
applicant who successfully
completes the course. The certificate of training
shall comply with the form
established by CLEET and shall be submitted with an
application for a concealed
handgun license pursuant to the provisions of
paragraph 2 of Section 12
of this act. [FN4]
E. There is hereby created
a revolving fund for the Council on Law Enforcement
Education and Training (CLEET),
to be designated the "Firearms Instructors
Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal
year limitations, and shall
consist of all funds received for approval of
firearms instructors for purposes
of the Oklahoma Self-Defense Act, Sections 1
through 25 of this act.
All funds received shall be deposited to the fund.
All monies accruing to the
credit of said fund are hereby appropriated and may
be budgeted and expended by
the Council on Law Enforcement Education and
Training, for implementation
of the training and qualification course contents,
approval of firearms instructors
and any other CLEET requirement pursuant to
the provisions of the Oklahoma
Self-Defense Act or as may otherwise be deemed
appropriate by CLEET. Expenditures
from said fund shall be made upon warrants
issued by the State Treasurer
against claims filed as prescribed by law with
the Director of State Finance
for approval and payment.
s 1290.15. Persons exempt from training course
PERSONS EXEMPT FROM TRAINING COURSE
A. The following individuals
may be exempt from all or part of the required
training and qualification
course established pursuant to the provisions of
Section 14 of this act: [FN1]
1. A CLEET certified firearms
instructor;
2. A law enforcement officer
or a retired law enforcement officer authorized
by this state or any of its
political subdivisions or authorized by the federal
government to carry a firearm;
3. A CLEET certified armed
security officer, armed guard, correctional
officer, or any other person
having a CLEET certification;
4. A person on active military
duty, National Guard duty or regular military
reserve duty who is trained
and qualified in the use of handguns;
5. A person honorably discharged
from active military duty, National Guard
duty or military reserves
within three (3) years preceding the date of the
application for a concealed
handgun license pursuant to the provisions of the
Oklahoma Self-Defense Act
[FN2] and who has been trained and qualified in
the use of handguns;
and
6. Any person who is otherwise
deemed qualified as a firearms instructor by
CLEET.
Provided, however, persons
applying for an exemption pursuant to paragraph 4
or 5 of this subsection shall
be required to successfully complete the
classroom portion of the training
course. The classroom portion of the
training course shall not
exceed a thirty-dollar fee. In all other cases, the
person applying for an exemption
shall not be required to complete the training
and qualification course upon
proper proof of an exemption.
B. The Council on Law Enforcement
Education and Training (CLEET) shall
establish criteria for providing
proof of an exemption. Before any person
shall be considered exempt
from all or part of the required training and
qualification pursuant to
the provisions of the Oklahoma Self-Defense Act,
Sections 1 through 25 of this
act, each person shall present the required proof
of exemption to a registered
and approved firearms instructor. Each person
determined to be exempt from
training or qualification as provided in this
subsection shall receive an
exemption certificate from the registered and
approved firearms instructor.
The rules promulgated by CLEET to implement the
provisions of this section
and Section 14 of this act may require that a fee
not to exceed Two Dollars
($2.00) be charged for processing an exemption
certificate. The exemption
certificate must be submitted with an application
for a handgun license as provided
in paragraph 2 of Section 12 of this act.
[FN3] No person who
is determined to be exempt from training or
qualification may carry a
concealed firearm pursuant to the authority of the
Oklahoma Self-Defense Act
until issued a valid handgun license.
C. A law enforcement officer
who is retired from length of service and who is
receiving retirement benefits
upon proper proof of such facts shall be exempt
from the training and qualification
requirements required by Section 14 of this
act and shall be exempt from
the application processing fee, fingerprint fee,
fingerprinting and criminal
history records search, but shall be required to
complete the other provisions
of the application process and submit the
required photographs.
The Oklahoma State Bureau of Investigation shall issue
the concealed handgun license
upon receipt of the completed application and
photographs within the ninety-day
requirement. The provisions of this
subsection shall not apply
to any other law enforcement officer.
D. Nothing contained in any
provision of the Oklahoma Self-Defense Act shall
be construed to prohibit any
police or peace officer certified by the Council
on Law Enforcement Education
and Training, any federal law enforcement officer,
any correctional officer or
any other person authorized by law to carry a
pistol during the course of
their employment or upon retirement from such
employment from carrying any
pistol in any manner otherwise authorized by law.
s 1290.17. Suspension and revocation of license
SUSPENSION AND REVOCATION OF LICENSE
A. The Oklahoma State Bureau
of Investigation shall have authority pursuant to
the provisions of the Oklahoma
Self-Defense Act, Sections 1 through 25 of this
act, [FN1] and any other provision
of law to suspend or revoke any concealed
handgun license issued pursuant
to the provisions of the Oklahoma Self-Defense
Act. After a concealed
handgun license has been issued, the discovery of or
the occurrence of any condition
which directly affects a person's eligibility
for a handgun license as provided
by the provisions of Section 9 or 10 of this
act [FN2] shall require
a revocation of the license by the Bureau. The
discovery of or the occurrence
of any condition pursuant to Section 11 of this
act, [FN3] after a license
has been issued, shall cause a suspension of the
handgun license for three
(3) years or until the condition is removed. Any
provision of law that requires
a revocation of a concealed handgun license upon
a conviction shall cause the
Bureau to suspend the concealed handgun license
upon the discovery of the
arrest of the person for such offense until a
determination of the criminal
case at which time the Bureau shall proceed with
the appropriate administrative
action.
B. Any concealed handgun
license which is subsequently suspended or revoked
shall be immediately returned
to the Oklahoma State Bureau of Investigation
upon notification. Any
person refusing or failing to return a license after
notification of its suspension
or revocation shall, upon conviction, be guilty
of a misdemeanor punishable
by a fine of not exceeding Five Hundred Dollars
($500.00), by imprisonment
in the county jail for not exceeding six (6) months,
or by both such fine and imprisonment.
In addition, the person shall be
subject to an administrative
fine of Five Hundred Dollars ($500.00), upon a
hearing and determination
by the Bureau that the person is in violation of the
provisions of this subsection.
s 1290.18. Application form contents
APPLICATION FORM CONTENTS
The application shall be completed
upon the sworn oath of the applicant as
provided in paragraph 5 of
Section 12 of this act. [FN1] The application
form shall be provided by
the Oklahoma State Bureau of Investigation and shall
contain the following information
in addition to any other information deemed
relevant by the Bureau:
1. Applicant's full legal
name;
2. Applicant's birth name,
alias names or nicknames;
3. Maiden name, if applicable;
4. County of residence;
5. Length of residency at
the current address;
6. Previous addresses for
the preceding three (3) years;
7. Place of birth;
8. Date of birth;
9. Declaration of citizenship
and date United States citizenship was acquired,
if applicable;
10. Race;
11. Weight;
12. Height;
13. Sex;
14. Color of eyes;
15. Social Security number;
16. Current driver license
number;
17. Military service number,
if applicable;
18. Law enforcement identification
numbers, if applicable;
19. Current occupation;
20. Authorized type or types
of pistol for which the applicant qualified as
stated on the certificate
of training or exemption of training which shall be
stated as either derringer,
revolver, semiautomatic pistol, or some combination
of derringer, revolver and
semiautomatic pistol and the maximum ammunition
capacity of the firearm shall
be .45 caliber;
21. An acknowledgment that
the applicant desires a concealed handgun license
as a means of lawful self-defense
and self-protection and for no other intent
or purpose;
22. A statement that the
applicant has never been convicted of any felony
offense in this state, another
state or pursuant to any federal offense;
23. A statement that the
applicant has none of the conditions which would
preclude the issuing of a
concealed handgun license pursuant to any of the
provisions of Sections 10
and 11 of this act [FN2] and that the applicant
further meets all of the eligibility
criteria required by Section 9 of this
act; [FN3]
24. An authorization for
the Oklahoma State Bureau of Investigation to
investigate the applicant
and any or all records relating to the applicant for
purposes of approving or denying
a concealed handgun license pursuant to the
provisions of the Oklahoma
Self-Defense Act;
25. An acknowledgment that
the applicant has been furnished a copy of the
Oklahoma Self-Defense Act
and is knowledgeable about its provisions;
26. A statement that the
applicant is the identical person who completed the
firearms training course for
which the original training certificate is
submitted as part of the application
or a statement that the applicant is the
identical person who is exempt
from firearms training for which the original
exemption certificate is submitted
as part of the application, whichever is
applicable to the applicant;
27. A conspicuous warning
that the application is executed upon the sworn oath
of the applicant and that
any false or misleading answer to any question or the
submission of any false information
or documentation by the applicant is
punishable by criminal penalty
as provided in paragraph 5 of Section 12 of this
act;
28. A signed verification
that the contents of the application are known to
the applicant and are true
and correct;
29. Two separate places for
the original signature of the applicant;
30. A place for attachment
of a passport size photograph of the applicant;
and
31. A place for the signature
and verification of the identity of the
applicant by the sheriff or
the sheriff's designee.
Information provided by the
person on an application for a concealed handgun
license shall be confidential
except to law enforcement officers or law
enforcement agencies.
s 1290.19. License form
LICENSE FORM
The concealed handgun license
shall be on a form prescribed by the Oklahoma
State Bureau of Investigation
and shall contain the following information in
addition to any other information
deemed relevant by the Bureau:
1. The person's full name;
2. Current address;
3. County of residence;
4. Date of birth;
5. Weight;
6. Height;
7. Sex;
8. Race;
9. Color of eyes;
10. Handgun license identification
number;
11. Expiration date of the
handgun license; and
12. Authorized pistol to
be either: (D) derringer, (R) revolver, (S)
semiautomatic pistol, or some
combination of derringer, revolver and
semiautomatic pistol as may
be authorized by the Oklahoma Self-Defense Act
[FN1] for which the person
demonstrated qualification pursuant to the
certificate of training or
an exemption certificate.
s 1290.22. Business owner's rights
BUSINESS OWNER'S RIGHTS
Nothing contained in any provision
of the Oklahoma Self-Defense Act [FN1]
shall be construed to limit,
restrict or prohibit in any manner the existing
rights of any person, property
owner, tenant, employer or other entity to
control the possession of
weapons on any property owned or controlled by the
person or entity.
s 1290.25. Legislative intent
LEGISLATIVE INTENT
The Legislature finds as a
matter of public policy and fact that it is
necessary to provide statewide
uniform standards for issuing licenses to carry
concealed handguns for lawful
self-defense and self-protection, and further
finds it necessary to occupy
the field of regulation of the bearing of
concealed handguns to ensure
that no honest, law-abiding citizen who qualifies
pursuant to the provisions
of the Oklahoma Self-Defense Act, Sections 1 through
25 of this act, [FN1] is subjectively
or arbitrarily denied their rights.
The Legislature does not delegate
to the Oklahoma State Bureau of Investigation
any authority to regulate
or restrict the issuing of licenses except as
provided by the provisions
of this act. [FN1] Subjective or arbitrary
actions or rules which encumber
the issuing process by placing burdens on the
applicant beyond those requirements
detailed in the provisions of the Oklahoma
Self-Defense Act or which
create restrictions beyond those specified in this
act are deemed to be in conflict
with the intent of this act and are hereby
prohibited. The Oklahoma
Self-Defense Act shall be liberally construed to
carry out the constitutional
right to bear arms for self-defense and self-
protection. The provisions
of the Oklahoma Self-Defense Act are cumulative to
existing rights to bear arms
and nothing in Sections 1 through 25 of this act
shall impair or diminish those
rights.