Link to 2012 legislative Legal Update

[Stephen Cue]

LegalUpdate2012.pdf

Here is the sections that pertains to firearms:

SB 1760 (effective November 1, 2012) amends 21 O.S. § 1321.4 to provide that in
the event of a ‘declared state of emergency’, no governmental official may
prohibit or suspend the ‘sale, ownership, possession, transportation, carrying,
transfer and storage of firearms, ammunition, and ammunition accessories’. A
cause of action is created for any individual aggrieved by a violation of this
statute.

SB 1785 (effective November 1, 2012) amends 21 O.S. § 1290.26, which concerns
carrying firearms under reciprocity with other states.
- If the other state is a ‘non-permitting carry state’, Oklahoma ‘shall
reciprocate under the permitting law of that state’.
- Any person ‘authorized for concealed carry upon the authority’ of a nonpermitting
state must carry the weapon fully concealed, and upon coming
in contact with any peace officer of this state must ‘disclose the fact that he
or she is in possession of a concealed firearm’ pursuant to the laws of the
state of residency, and must present proper identification as proof of
residency.
- DPS is to keep a registry of non-permitting states for use of law
enforcement officers.


SB 1733 (effective November 1, 2012) amends several statutes related to carry
of firearms. Most of the changes simply remove the word ‘concealed’ or
substitute ‘concealed or unconcealed’ but other changes are more substantive.
These include:

Amends 21 O.S. § 1272 (Unlawful Carry) to remove the word ‘concealed’
from the provision for lawful carry by judges.

Amends 21 O.S. § 1272.1 to provide that a handgun license holder may
carry concealed or unconcealed in ‘any restaurant or other establishment licensed
to dispense low-point beer or alcoholic beverages’ as a side-line to the restaurant.
This bill also amends the punishment for unlawfully taking a firearm into a
liquor establishment (and for violation of 21 O.S. § 1278 ‘Unlawful Intent to
Carry’) to clarify that imprisonment is to be in the custody of DOC

Amends 21 O.S. § 1277 to clarify that persons in possession of a valid
handgun may not carry ‘concealed or unconcealed’ in certain places.

Amends 21 O.S. § 1283 (Convicted felons and delinquents) to clarify that
t person who has been pardoned may, under certain circumstances, apply for a
license to carry a handgun, concealed or unconcealed and makes other,
unsubstantive, housekeeping changes.

Amends 21 O.S. § 1289.6, which concerns conditions under which firearms
may be carried. This amendment adds ‘for lawful self-defense and self-protection
or other legitimate purpose in or on property that is owned, leased, rented, or
otherwise legally controlled’ by the person carrying the firearm.

Amends 21 O.S. § 1289.7 (Firearms in Vehicles) to change ‘concealed
handgun’ to ‘concealed or unconcealed’.

Amends 21 O.S. § 1289.7a to provide that ammunition may also be locked
in a motor vehicle on any property ‘set aside for any motor vehicle’.

Amends 21 O.S. § 1289.8 (Carrying Weapons Under Influence of
Alcohol) by omitting the word ‘concealed’ from the portion allowing suspension
of a license for carrying while under the influence.

Amends 21 O.S. § 1289.13 to provide that a handgun may be carried
concealed or unconcealed in a vehicle if ‘any person who is the operator of a
vehicle or is a passenger in any vehicle’ in which a person is licensed.

Amends 21 O.S. § 1289.23 (Concealed Firearm for Off-Duty Police
Officer) to provide that a peace officer or reserve peace officer may carry
concealed or unconcealed if the officer has a ‘valid license’. The portion of the
statute which requires an off-duty officer who is not in uniform to carry
concealed has not been changed. It appears the net effect is this: a certified
peace officer who has completed CLEET firearms training, and re-qualified each
year, must carry concealed if off-duty and not in uniform (unless the officer has a
valid SDA handgun license). A person who has had only the 8 hour SDA carry
class may carry unconcealed. Note that ‘when an off-duty officer elects to carry
a handgun under the authority of the Oklahoma Self-Defense Act, the person
shall comply with all provisions of subh act and shall not be representing the
employing agency’.

Amends 21 O.S. § 1290.2, which gives definitions for the Self Defense Act.
‘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’

Amends 21 O.S. § 1290.8 (Notification to Police of Gun) to provide that a
person carrying a handgun ‘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’.
In addition, this statute is amended to require the person to tell a law
enforcement that the person is in actual possession of a firearm ‘at the first
opportunity’. The punishment for a violation is reduced from up to 90 days in
jail and/or a fine of up to $500 to a fine of up to $100.

Amends 21 O.S. § 1290.9 to require that the applicant ‘maintains a
residence’ in this state or has permanent military orders within this state.

Amends 21 O.S. § 1289.14, concerning municipal firearms ordinances:
‘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.’