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1. The officer shall apply in writing to the Council on Law Enforcement Education and Training (CLEET) stating that the officer desires to have a concealed permit handgun license pursuant to the Oklahoma Self-Defense Act and certifying that he or she has no preclusions to having such concealed handgun license. The officer shall submit with the application:
a. an official letter from his or her employing agency confirming the officer’s employment and status as a full-time commissioned peace officer or an active reserve peace officer,
b. a fee of Twenty-five Dollars ($25.00) for the concealed handgun license, and
c. two passport-size photographs of the peace officer applicant.
2. Upon receiving the required information, CLEET shall determine whether the peace officer is in good standing, has CLEET certification and training, and is otherwise eligible for a concealed handgun license. Upon verification of the officer’s eligibility, CLEET shall send the information to the Oklahoma State Bureau of Investigation (OSBI) and OSBI shall issue a concealed handgun license in the same or similar form as other handgun licenses. All other requirements in Section 1290.12 of this title concerning application for a concealed handgun license shall be waived for active duty peace officers except as provided in this subsection, including but not limited to training, fingerprints and criminal history records checks unless the officer does not have fingerprints on file or a criminal history records background check conducted prior to employment as a peace officer. The OSBI shall not be required to conduct any further investigation into the eligibility of the peace officer applicant and shall not deny a concealed handgun license except when preclusions are found to exist.
3. The term of the concealed handgun permit license for an active duty reserve or full-time commissioned peace officer pursuant to this section shall be as provided in Section 1290.5 of this title, renewable in the same manner provided in this subsection for an original application by a peace officer. The concealed handgun license shall be valid when the peace officer is in possession of a valid driver license and law enforcement commission card.
4. If the commission card of a law enforcement officer’s commission card officer is terminated, revoked or suspended, the concealed handgun license shall be immediately returned to CLEET. When a peace officer in possession of a concealed handgun license pursuant to this subsection changes employment, the person must notify CLEET within ninety (90) days and send a new letter verifying employment and status as a full-time commissioned or reserve peace officer.
5. There shall be no refund of any fee for any unexpired term of any concealed handgun license that is suspended, revoked, or voluntarily returned to CLEET, or that is denied, suspended or revoked by the OSBI.
6. CLEET may promulgate any rules, forms or procedures necessary to implement the provisions of this section.
7. Nothing in this subsection shall be construed to change or amend the application process, eligibility, effective date or fees of any concealed handgun license pending issuance on the effective date of this act November 1, 2004, or previously issued to any peace officer prior to the effective date of this act November 1, 2004.
SECTION 22. AMENDATORY 21 O.S. 2011, Section 1289.24, is amended to read as follows:
Section 1289.24.
FIREARM REGULATION – STATE PREEMPTION
A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.
2. A municipality may adopt any ordinance:
a. relating to the discharge of firearms within the jurisdiction of the municipality, and
b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act.
3. As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.
B. No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition, and supplies.
C. Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm improperly may include a provision for confiscation of property.
D. When a person’s rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both.
SECTION 23. AMENDATORY 21 O.S. 2011, Section 1290.2, is amended to read as follows:
Section 1290.2.
DEFINITIONS
A. As used in Sections 1 through 25 of this act the Oklahoma Self-Defense Act:
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. “Unconcealed handgun” means a loaded or unloaded pistol carried upon the person in a belt 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; and
3. "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.
B. The definition of pistol for purposes of the Oklahoma Self-Defense Act shall not apply to homemade or imitation pistols, flare guns, underwater fishing guns or blank pistols.
SECTION 24. AMENDATORY 21 O.S. 2011, Section 1290.3, is amended to read as follows:
Section 1290.3.
AUTHORITY TO ISSUE LICENSE
The Oklahoma State Bureau of Investigation is hereby authorized to license an eligible person to carry a concealed or unconcealed handgun as provided by the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act. The Bureau's authority of the Bureau 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.
SECTION 25. AMENDATORY 21 O.S. 2011, Section 1290.4, is amended to read as follows:
Section 1290.4.
UNLAWFUL CARRY
As provided by Section 1272 of Title 21 of the Oklahoma Statutes this title, it is unlawful for any person to carry a concealed or unconcealed handgun in this state, except as hereby authorized by the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, or as may otherwise be provided by law.
SECTION 26. AMENDATORY 21 O.S. 2011, Section 1290.5, is amended to read as follows:
Section 1290.5.
TERM OF LICENSE AND RENEWAL
A. A concealed handgun license when issued shall authorize the person to whom the license is issued to carry a loaded or unloaded concealed handgun, concealed or unconcealed, as authorized by the provisions of the Oklahoma Self-Defense Act, and any future modifications thereto. The license shall be valid in this state for a period of five (5) or ten (10) years, unless subsequently surrendered, suspended or revoked as provided by law. The person shall have no authority to continue to carry a concealed or unconcealed handgun in this state pursuant to the Oklahoma Self-Defense Act when a license is expired or when a license has been voluntarily surrendered or suspended or revoked for any reason.
B. A license may be renewed any time within ninety (90) days prior to the expiration date as provided in this subsection. The Bureau shall send a renewal application to each eligible licensee with a return address requested. There shall be a thirty-day grace period on license renewals beginning on the date of expiration, thereafter the license is considered expired. However, any applicant shall have three (3) years from the expiration of the license to comply with the renewal requirements of this section.
1. To renew a handgun license, the licensee must first obtain a renewal form from the Oklahoma State Bureau of Investigation.
2. The applicant must complete the renewal form, attach two current passport size photographs of the applicant, and submit a renewal fee in the amount of Eighty-five Dollars ($85.00) to the Bureau. The renewal fee may be paid with a nationally recognized credit card as provided in subparagraph b of paragraph 4 of subsection A of Section 1290.12 of this title, or by a cashier’s check or money order made payable to the Oklahoma State Bureau of Investigation.
3. Upon receipt of the renewal application, photographs and fee, the Bureau will conduct a criminal history records name search, an investigation of medical records or other records or information deemed by the Bureau to be relevant to the renewal application. If the applicant appears not to have any prohibition to renewing the handgun license, the Bureau shall issue the renewed license for a period of five (5) or ten (10) years.
C. Beginning November 1, 2007, any person making application for a concealed handgun license or any licensee seeking to renew a concealed handgun license shall have the option to request that said license be valid for a period of ten (10) years. The fee for any concealed handgun license issued for a period of ten (10) years shall be double the amount of the fee provided for in paragraph 4 of subsection A of Section 1290.12 of this title. The renewal fee for a concealed handgun license issued for a period of ten (10) years shall be double the amount of the fee provided for in paragraph 2 of subsection B of this section.
SECTION 27. AMENDATORY 21 O.S. 2011, Section 1290.6, is amended to read as follows:
Section 1290.6.
PROHIBITED AMMUNITION
Any concealed or unconcealed handgun when carried in a manner authorized by the provisions of the Oklahoma Self-Defense Act, Sections 1 through 25 of this act, and when loaded with any ammunition which is either a restricted bullet as defined by Section 1289.19 of Title 21 of the Oklahoma Statutes this title 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 this title 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.
SECTION 28. AMENDATORY 21 O.S. 2011, Section 1290.7, is amended to read as follows:
Section 1290.7.
CONSTRUING AUTHORITY OF LICENSE
The authority to carry a concealed or unconcealed 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, 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 1290.2 of this act title;
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.
SECTION 29. AMENDATORY 21 O.S. 2011, Section 1290.8, is amended to read as follows:
Section 1290.8.
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 or unconcealed 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, 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. A person in possession of a valid handgun license and in compliance with the provisions of the Oklahoma Self-Defense Act shall be authorized to carry such concealed or unconcealed handgun while bow hunting or fishing.
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. The person shall display the handgun license on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license in response to that demand. Any violation of the provisions of this subsection may be punishable as a criminal offense as authorized by Section 1272 of this title or pursuant to any other applicable provision of law. In addition to any criminal prosecution which may result from not carrying the handgun license and the required identification 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.
Upon the arrest of any person for a violation of the provisions of this subsection, the person may show proof to the court that a valid handgun license and the other required identification has been issued to such person and the person may state any reason why the handgun license or the other required identification 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 this title upon payment of court costs, if proof of a valid handgun license and other required identification 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 or unconcealed 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. Said identification to the law enforcement officer shall be made at the first opportunity. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession of the person or in any vehicle in which the person is driving or is a passenger. 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 a six-month suspension of the license and 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 One Hundred Dollars ($100.00).
D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.
E. 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.
SECTION 30. AMENDATORY 21 O.S. 2011, Section 1290.9, is amended to read as follows:
Section 1290.9.
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. The person must:
1. Be a citizen of the United States;
2. Establish a residency in the State of Oklahoma. For purposes of the Oklahoma Self-Defense Act, the term “residency” shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card, and physically resides maintains a residence in this state or has permanent military orders within this state and possesses a valid driver license from another state where such person claims residency;
3. Be at least twenty-one (21) 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 1290.14 of this title, and submit proof of training and qualification or an exemption for training and qualification as authorized by Section 1290.14 of this title;
5. Submit the required fee and complete the application process as provided in Section 1290.12 of this title; and
6. Comply in good faith with the provisions of the Oklahoma Self-Defense Act.
SECTION 31. AMENDATORY 21 O.S. 2011, Section 1290.11, is amended to read as follows:
Section 1290.11.
OTHER PRECLUSIONS
A. 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 for a period of time as prescribed in each of the following paragraphs:
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. The preclusive period shall be until the final determination of the matter;
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. The preclusive period shall be three (3) years and shall begin upon the final determination of the matter;
3. Any involuntary commitment for a mental illness, condition, or disorder pursuant to the provisions of Section 5-410 of Title 43A of the Oklahoma Statutes or any involuntary commitment in another state pursuant to any provisions of law of that state. The preclusive period shall be permanent as provided by Title 18 of the United States Code Section 922(g)(4);
4. The person has previously undergone treatment for a mental illness, condition, or disorder which required medication or supervision as defined by paragraph 7 of Section 1290.10 of this title. The preclusive period shall be three (3) years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten (10) years or more;
5. Inpatient treatment for substance abuse. The preclusive period shall be three (3) years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person has been free from substance use for twelve (12) months or more preceding the filing of an application for a handgun license;
6. Two or more convictions of public intoxication pursuant to Section 8 of Title 37 of the Oklahoma Statutes, or a similar law of another state. The preclusive period shall be three (3) years from the date of the completion of the last sentence;
7. Two or more misdemeanor convictions relating to intoxication or driving under the influence of an intoxicating substance or alcohol. The preclusive period shall be three (3) years from the date of the completion of the last sentence or shall require a certified statement from a licensed physician stating that the person is not in need of substance abuse treatment;
8. A court order for a final Victim Protection Order against the applicant, as authorized by Section 60 et seq. of Title 22 of the Oklahoma Statutes the Protection from Domestic Abuse Act, or any court order granting a final victim protection order against the applicant from another state. The preclusive period shall be three (3) years from the date of the entry of the final court order, or sixty (60) days from the date an order was vacated, canceled or withdrawn;
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