Business Owner Gun Rights In Oklahoma

Gun Rights In OklahomaThe statute that outlines business owner rights regarding concealed and unconcealed firearms is 21 O.S. § 1290.22. A person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity that doesn’t prohibit the carrying of a concealed or unconcealed weapon is immune from liability arising from the carrying of a concealed or unconcealed weapon. The incident must occur while in the scope of employment. The incident must either happen on the property or in or about a business entity vehicle.

Except as provided in 21 O.S. § 1290.22 subsections B, C, and D, nothing contained in any provision of the Oklahoma Self-Defense Act will 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.

Firearms in Parking Lots of Businesses

No person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity may establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle.

Prohibiting Firearms on Business Property

A property owner, tenant, employer, place of worship, or business entity may prohibit any person from carrying a concealed or unconcealed firearm on the property. If the building or property is open to the public, the property owner, tenant, employer, place of worship, or business entity must post signs on or about the property stating the prohibition.

The carrying of a concealed or unconcealed firearm by someone who has been issued a handgun license on property that has signs prohibiting the carrying of firearms is not a criminal act. You may be denied entrance onto the property or removed from the property. If you refuse to leave the property and a peace officer is summoned, you may be issued a citation of no more than $250.

No person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity may establish any policy or rule that has the effect of prohibiting any person from carrying a concealed or unconcealed firearm on property within the specific exclusion of any property designated by a city, town, county, or state governmental authority as a park, recreational area, or fairgrounds; provided that carrying a concealed or unconcealed firearm may be prohibited in the following places:

  • The portion of a public property structure or building during an event authorized by the city, town, county, state, or federal governmental authority owning or controlling such building or structure;
  • Any public property sports field, including any adjacent seating or adjacent area set aside for viewing a sporting event, where an elementary or secondary school, collegiate, or professional sporting event or an International Olympic Committee or organization or any committee subordinate to the International Olympic Committee event is being held;
  • The fairgrounds during the Oklahoma State Fair or the Tulsa State Fair; and
  • The portion of a public property structure or building that is leased or under contract to a business or not- for-profit entity or group for offices.

Business Owner Liability

Any person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity is immune from any liability despite their decision to prohibit or not prohibit any individual except a convicted felon from carrying a loaded or unloaded, concealed or unconcealed weapon on property they own or have legal control of. Except for acts of gross negligence or willful or malicious misconduct, an employer who does or does not prohibit their employees from carrying a concealed or unconcealed weapon is immune from any liability arising from that decision. A person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity that does not prohibit persons from carrying a concealed or unconcealed weapon in accordance with the law is immune from any liability arising from the carrying of a concealed or unconcealed weapon, while in the scope of employment, on the property, or in or about a business entity vehicle.

It’s not considered part of an employee’s job description or within the employee’s scope of employment if an employee is allowed to carry or discharge a weapon pursuant to this section. Nothing in this law can prevent an employer, employee or person who has suffered loss resulting from the discharge of a weapon to seek redress or damages of the person who discharged the weapon or used the weapon outside the provisions of the Oklahoma Self-Defense Act.

SOURCE: 21 O.S. § 1290.22

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