Category: Blog

Destruction Of Obscene Material & Child Pornography – 2017 Oklahoma Laws #33

The destruction of obscene material or child pornography upon final conviction has been extended to “any codefendant.” Previously, obscene material or child pornography had to be destroyed upon conviction of the accused. Now, it must be destroyed upon final conviction of the accused and any codefendant.

The magistrate or law enforcement must destroy the material. The district attorney must now consent to the destruction of that material. The material to be destroyed includes, but is not limited to, the destruction of any computer, hard drive, or other electronic storage media of the accused or codefendant on which such obscene material or child porn was located.

A “final conviction” includes the exhaustion of or failure to timely pursue post-conviction and state and federal habeas corpus review.

HB 1811 amended 21 O.S. § 1024.4. The law went into effect on November 1, 2017.

Sources: HB 1811 & 21 O.S. § 1024.4

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Victims Impact Panel Changes – 2017 Oklahoma Laws #32

oklahoma victims impact panelThis law changed the definition of “victims impact panel” in Oklahoma. It’s now a program conducted by a corporation registered with the Secretary of State in Oklahoma for the purpose of operating a victims impact panel program. The meeting must now include live presenters. In addition to discussing the operation of a vehicle while impaired, the discussion may now also include the operation of a motor vehicle using an electronic device. People who have committed the offense of driving while using an electronic device must now attend a victims impact panel. A certified assessment agency or certified assessor may now provide a victims impact panel so long as he assessment agency or certified assessor is granted an exemption by the Commissioner of the Department of Mental Health and Substance Abuse Services. The provider of the victims impact panel program must now annually provide the Administrative Office of the Courts various information. The minimum fee of $15 has been dropped.

What Is A Victims Impact Panel In Oklahoma?

“Victims impact panel program” in Oklahoma is a program conducted by a corporation registered with the Secretary of State in Oklahoma for the purpose of operating a victims impact panel program. The program must include live presentations from presenters who will share personal stories with participants about how alcohol, drug abuse, the operation of a motor vehicle while using an electronic communication device, or the illegal conduct of others has personally impacted the lives of the presenters. A victims impact panel program must be attended by people who have committed the offense of driving, operating or being in actual physical control of a motor vehicle while under the influence of alcohol or other intoxicating substance, operating a motor vehicle while the ability of the person to operate such vehicle was impaired due to the consumption of alcohol or any other substance, or operating a motor vehicle while using an electronic device. Persons attending a victims impact panel program must pay no more than $60 to the provider of the program. A certificate of completion will be issued to the attendee upon satisfying the attendance and fee requirements of the victims impact panel program. The certificate of completion must contain the business identification number of the program provider. A victims impact panel program may not be provided by any certified assessment agency or certified assessor unless the assessment agency or certified assessor has been granted an exemption by the Commissioner of the Department of Mental Health and Substance Abuse Services. The provider of the victims impact panel program must carry general liability insurance and maintain an accurate accounting of all business transactions and funds received in relation to the victims impact panel program. The provider of the victims impact panel program must annually provide to the Administrative Office of the Courts the following:

  1. proof of registration with the Oklahoma Secretary of State,
  2. proof of general liability insurance,
  3. end-of-year financial statements prepared by a certified public accountant, and
  4. a copy of federal income tax returns filed with the Internal Revenue Service.

SB 252 amended 22 O.S. § 991a. The changes went into effect on November 1, 2017.

Sources: SB 25222 O.S. § 991a

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Notification Of Crime Victims – 2017 Oklahoma Laws #31

oklahoma crime victimThis law mandates various notification requirements for crime victims. The district attorneys and Department of Corrections must comply with these new requirements.

The district attorney’s office must inform crime victim that the have the right to use the automated notification system provided by the designated Oklahoma victim notification service provider for purposes of receiving information regarding the location of the defendant following an arrest, during a prosecution of the criminal case, during a sentence to probation or confinement, and when there is any release or escape of the defendant from confinement.

The Department of Corrections has to provide notice of the projected date of release of an inmate to the designated Oklahoma victim notification service provider within 60 days but not less than seven days prior to the projected date of release of the inmate.

Opinions of the Oklahoma Court of Criminal Appeals designated for official publication must be published on the Oklahoma State Courts Network (OSCN) website. The Oklahoma Court of Criminal Appeals is requested to provide notice of release of its opinion to all subscribers of record who have requested copies of opinions not less than two business days prior to publication of the opinion on the website. Notice to the parties will be made via electronic mail or on OSCN.

Prior to placement of any eligible inmate assigned to the Electronic Monitoring Program being placed in a community setting, the Department of Corrections must deliver a written notification to the sheriff and district attorney of the county and the chief law enforcement officer of any incorporated city or town in which the inmate is to be monitored and supervised under the program. The Department of Corrections must provide notice of the projected date of release of an inmate to the designated Oklahoma victim notification service provider within 60 days but not less than seven days prior to the projected date of release of the inmate.

HB 1680 amended 21 O.S. § 142A-2, 21 O.S. § 142A-13, & 57 O.S. § 510.9 and created 22 O.S. § 1071.1 & 57 O.S. § 360.1.

Sources: HB 1680, 21 O.S. § 142A-221 O.S. § 142A-13, 57 O.S. § 510.9, 22 O.S. § 1071.1, & 57 O.S. § 360.1.

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Misdemeanors Removed From DNA Fee – 2017 Oklahoma Laws #30

oklahoma dnaSomeone arrested in Oklahoma for unlawfully carrying a firearm, illegally transporting a firearm, or discharging a firearm no longer has to pay the $150 DNA fee, does not have to provide a DNA sample, and will not have their DNA information entered into CODIS. This fee won’t be collected if the person has a valid DNA sample in the OSBI DNA Offender Database at the time of sentencing. Additionally, individuals convicted of those crimes no longer have to provide a blood or saliva sample upon release from custody, nor do they have to provide a blood or saliva sample as a condition of their sentence.

Who must pay the DNA fee in Oklahoma?

In Oklahoma, a person convicted of a felony must pay the DNA fee. Anyone convicted of any of the following misdemeanor offenses must pay the DNA fee:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

Which misdemeanor convictions require submitting DNA to law enforcement in Oklahoma?

Individuals convicted of any of the following misdemeanors must submit to DNA testing for law enforcement purposes:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

Furthermore, or any alien unlawfully present under federal immigration law, upon arrest, mustsubmit to DNA testing for law enforcement identification purposes

Who does Oklahoma put in the CODIS DNA database?

The Combined DNA Index System (CODIS) Database exists for the purpose of collecting and storing blood or saliva samples and DNA profiles, analyzing and typing of the genetic markers contained in or derived from DNA, and maintaining the records and samples of DNA of individuals:

  • Convicted of any felony offense;
  • Required to register pursuant to the Sex Offenders Registration Act;
  • Subject to the availability of funds, 18 years old or older arrested for the commission of a felony under the laws of Oklahoma or any other jurisdiction, upon being booked into a jail or detention facility. Provided, the DNA sample will not be analyzed and must be destroyed unless one of the following conditions has been met:
    • the arrest was made upon a valid felony arrest warrant,
    • the person has appeared before a judge or magistrate judge who made a finding that there was probable cause for the arrest, or
    • the person posted bond or was released prior to appearing before a judge or magistrate judge and then failed to appear for a scheduled hearing; and
  • Subject to the availability of funds, convicted of a misdemeanor offense of assault and battery, domestic abuse, stalking, possession of a controlled substance prohibited under Schedule IV of the Uniform Controlled Dangerous Substances Act, outraging public decency, resisting arrest, escaping or attempting to escape, eluding a police officer, Peeping Tom, pointing a firearm, threatening an act of violence, breaking and entering a dwelling place, destruction of property, negligent homicide, or causing a personal injury accident while driving under the influence of any intoxicating substance, or, upon arrest, any alien unlawfully present under federal immigration law.

The purpose of this database is the detection or exclusion of individuals who are subjects of the investigation or prosecution of sex-related crimes, violent crimes, or other crimes in which biological evidence is recovered. That information cannot be used for any other purpose.

Who has to provide a blood or saliva sample prior to release from custody in Oklahoma?

Anyone convicted of any of the following misdemeanors in Oklahoma must provide a blood or saliva sample prior to release:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

This is subject to the availability of funds.

Who has to provide a blood or saliva sample as a condition of their sentence in Oklahoma?

Anyone convicted of any of the following misdemeanors in Oklahoma must provide a blood or saliva sample as a condition of their sentence:

  • Assault and battery;
  • Domestic abuse;
  • Stalking;
  • Possession of a Schedule IV controlled substance;
  • Outraging public decency;
  • Resisting arrest;
  • Escaping or attempting to escape;
  • Eluding a police officer;
  • Peeping Tom;
  • Pointing a firearm;
  • Threatening an act of violence;
  • Breaking and entering a dwelling place;
  • Destruction of property;
  • Negligent homicide; or
  • Causing a personal injury accident while driving under the influence of any intoxicating substance.

This is subject to the availability of funds.

HB 1609 amended 20 O.S. § 1313.2, 74 O.S. § 150.27a, & 22 O.S. § 991a. The change went into effect on November 1, 2017.

Sources: HB 1609, 20 O.S. § 1313.2, 74 O.S. § 150.27a, & 22 O.S. § 991a.

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Don’t Know Human Trafficking Victim’s Age – 2017 Oklahoma Laws #29

oklahoma human traffickingLack of knowledge of the age of the victim of human trafficking now does not constitute a defense to human trafficking of a minor in Oklahoma. The change in law makes human trafficking of a minor a strict liability crime. If you engage in human trafficking of a minor in Oklahoma, you can be found guilty no matter what you thought the victim’s age was—even if the victim lied about their age.

In Oklahoma, it’s unlawful to knowingly engage in human trafficking. “Human trafficking” is defined as modern-day slavery that includes, but is not limited to, extreme exploitation and the denial of freedom or liberty of an individual for purposes of deriving benefit from that individual’s commercial sex act or labor. “Commercial sex” means any form of commercial sexual activity such as sexually explicit performances, prostitution, participation in the production of pornography, performance in a strip club, or exotic dancing or display.

“Human trafficking for labor” means:

  1. recruiting, enticing, harboring, maintaining, transporting, providing, or obtaining, by any means, another person through deception, force, fraud, threat, or coercion or for purposes of engaging the person in labor; or
  2. benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act of trafficking for labor.

“Human trafficking for commercial sex” means:

  1. recruiting, enticing, harboring, maintaining, transporting, providing, or obtaining, by any means, another person through deception, force, fraud, threat, or coercion for purposes of engaging the person in a commercial sex act;
  2. recruiting, enticing, harboring, maintaining, transporting, providing, purchasing, or obtaining, by any means, a minor for purposes of engaging the minor in a commercial sex act, or
  3. benefiting, financially or by receiving anything of value, from participating in a venture that has engaged in an act of trafficking for commercial sex.

“Coercion” means compelling, forcing, or intimidating a person to act by:

  1. threats of harm or physical restraint against any person;
  2. any act, scheme, plan, or pattern intended to cause a person to believe that performing, or failing to perform, an act would result in serious physical, financial, or emotional harm or distress to or physical restraint against any person;
  3. the abuse or threatened abuse of the law or legal process
  4. knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport, labor or immigration document, or other government identification document, including but not limited to a driver license or birth certificate, of another person;
  5. facilitating or controlling a person’s access to any addictive or controlled substance other than for legal medical purposes;
  6. blackmail;
  7. demanding or claiming money, goods, or any other thing of value from or on behalf of a prostituted person where such demand or claim arises from or is directly related to the act of prostitution;
  8. determining, dictating or setting the times at which another person will be available to engage in an act of prostitution with a third party;
  9. determining, dictating or setting the places at which another person will be available for solicitation of, or to engage in, an act of prostitution with a third party; or
  10. determining, dictating or setting the places at which another person will reside for purposes of making such person available to engage in an act of prostitution with a third party.

“Legal process” means the criminal law, the civil law, or the regulatory system of the federal government, any state, territory, district, commonwealth, or trust territory therein, and any foreign government or subdivision thereof and includes legal civil actions, criminal actions, and regulatory petitions or applications.

Punishment For Human Trafficking In Oklahoma

This crime is a felony. The range of punishment in the Department of Corrections is five years–life. The maximum fine is $100,000. If the victim was under 18 years old at the time of the offense, the range of punishment in the Department of Corrections is 15 years–life. The maximum fine is $250,000. The defendant must pay restitution to the victim. This is an 85% crime, so the defendant must serve 85% of their sentence before being eligible for parole consideration or any earned credits. The sentence may not be deferred or suspended, so a person convicted of human trafficking is ineligible for probation. The inmate is not eligible state correctional institution earned credits accruing from and after November 1, 1989, except for achievement earned credits. To qualify for achievement earned credits, the inmate must also be in compliance with the standards for Class level 2 behavior.

It is an affirmative defense to prosecution for a criminal offense that, during the time of the alleged commission of the offense, the defendant was a victim of human trafficking. The consent of a victim to human trafficking or any other activity in this law does not constitute a defense.

SB 34 amended 21 O.S. § 748. This change went into effect November 1, 2017.

Sources: SB 3421 O.S. § 748, & 57 O.S. § 138

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New Trespass & Damage To Critical Infrastructure Law – 2017 Oklahoma Laws #28

oklahoma critical infrastructureIt’s now illegal to trespass or enter property containing a critical infrastructure facility without permission by the owner of the property or lawful occupant of it. This crime is a misdemeanor. The minimum fine is $1,000. The maximum punishment in the county jail is six months. This crime is a felony if the intent of the trespasser was to willfully damage, destroy, vandalize, deface, tamper with equipment, or impede or inhibit operations of the facility. The minimum fine is $10,000. The punishment in the Department of Corrections is one year.

It is also a felony to willfully damage, destroy, vandalize, deface, or tamper with equipment in a critical infrastructure facility. The fine is $100,000. The maximum punishment in the Department of Corrections is ten years.

If an organization is found to be a conspirator with people who are found to have committed any of the crimes described above, the conspiring organization will be punished by a fine that is ten times the amount of said fine authorized by law.

A critical infrastructure facility in Oklahoma is:

  1. One of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization:
    1. a petroleum or alumina refinery,
    2. an electrical power generating facility, substation, switching station, electrical control center, or electric power lines and associated equipment infrastructure,
    3. a chemical, polymer or rubber manufacturing facility,
    4. a water intake structure, water treatment facility, wastewater treatment plant, or pump station,
    5. a natural gas compressor station,
    6. a liquid natural gas terminal or storage facility,
    7. a telecommunications central switching office,
    8. wireless telecommunications infrastructure, including cell towers, telephone poles, and lines—including fiber optic lines,
    9. a port, railroad switching yard, railroad tracks, trucking terminal, or other freight transportation facility,
    10. a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas or natural gas liquids,
    11. a transmission facility used by a federally licensed radio or television station,
    12. a steel-making facility that uses an electric arc furnace to make steel,
    13. a facility identified and regulated by the United States Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program,
    14. a dam that is regulated by the state or federal government,
    15. a natural gas distribution utility facility including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, above-ground piping, a regulator station, and a natural gas storage facility, or
    16. a crude oil or refined products storage and distribution facility including, but not limited to, valve sites, pipeline interconnections, pump station, metering station, below or above-ground pipeline, or piping and truck loading or offloading facility; or
  2. Any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, railroad facility, or other storage facility that is enclosed by a fence, other physical barrier, or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders.

HB 1123 created 21 O.S. § 1792. It went into effect May 3, 2017.

Sources: HB 112321 O.S. § 1792

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Domestic Violence Court Program – 2017 Oklahoma Laws #27

oklahoma domestic violence attorneyAny district or municipal court of record of Oklahoma may now establish and maintain a domestic violence court program. The court will consolidate cases that arise in the context of a domestic violence incident.

A “domestic violence court” is a specialized judicial process for domestic matters both civil and criminal in nature that arise out of the same family or domestic circumstance. The presiding judge of a district or municipal court of record may appoint an individual judge to preside over related criminal, family, and matrimonial matters that arise in the context of domestic violence. Criminal domestic violence charges, protective orders, and any actions for divorce, separate maintenance, guardianship, adoption, or any other proceeding involving custody or visitation between the same parties may be presented to the domestic violence court.

The Administrative Office of the Courts may promulgate rules, procedures, and forms necessary to implement a domestic violence court to ensure statewide uniformity.

This sounds like a good idea. What’s happening now (or at least before any domestic violence courts get created) is that the civil case(s) is/are held in one courtroom, and the criminal case is held in another. If there are two civil cases–a victim protective order and modification of visitation rights for example–then those will initially begin in two courtrooms. The VPO will then be transferred over to the other “family law” case, and each appearance will be held together.

What it looks like will happen after the establishment of a domestic violence court is that every case arising out of a domestic violence matter will be held in one courtroom. It’s very common for a VPO to be filed after an event of domestic violence. If criminal charges are filed, then there will be a separate criminal case. The VPO case will continue and nothing will typically be done in it until the criminal case is complete. This requires appearing in two different courtrooms and, typically, at two different times. Consolidating the cases into one courtroom will save a lot of unnecessary court appearances. An attorney might have to appear a handful, or more, times in the VPO case just to say that the criminal case is still pending and get a new date. Also, the judges in domestic violence court will have a better idea of exactly what’s going on in all the cases. Finally, it will be helpful to know where each case will be held at the outset. It’s frustrating to show up on the first court date (typically on a VPO case) just to process the paperwork to move it to the family law court.

HB 1121 created 22 O.S. § 61. It went into effect on November 1, 2017.

Sources: HB 112122 O.S. § 61

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Immunity For Business Owners For Weapons While In The Scope Of Employment – 2017 Oklahoma Laws #26

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 now occur while in the scope of employment. The incident must either happen on the property or in or about a business entity vehicle.

Business Owner’s Rights On Firearms

oklahoma business owner handgun liabilityExcept 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 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.

No person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity can 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. 21 O.S. § 1290.22(B)

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 has to post signs on or about the property stating such prohibition. 21 O.S. § 1290.22(C)

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

  1. 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;
  2. 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;
  3. The fairgrounds during the Oklahoma State Fair or the Tulsa State Fair; and
  4. 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. cccc

The carrying of a concealed or unconcealed firearm by a person who has been issued a handgun license on property that has signs prohibiting the carrying of firearms shall not be deemed a criminal act but 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 no greater than $250.

A person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity that does or does not prohibit any individual except a convicted felon from carrying a loaded or unloaded, concealed or unconcealed weapon on property that the person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity owns, or has legal control of, is immune from any liability arising from that decision. Except for acts of gross negligence or willful or wanton 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 per 21 O.S. § 1290.22(D) (above) 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. These provisions don’t apply to claims pursuant to the Administrative Workers’ Compensation Act. It will not be 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 law.

An employer, employee or person who has suffered loss resulting from the discharge of a weapon may seek redress or damages of the person who discharged the weapon or used the weapon outside the provisions of the Oklahoma Self-Defense Act.

SB 288 amended 21 O.S. § 1290.22. It went into effect November 1, 2017.

Sources: SB 288, 21 O.S. § 1277, & 21 O.S. § 1290.22

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Handgun Added To Definitions In Self-Defense and Firearms Acts – 2017 Oklahoma Laws #25

Under the Oklahoma Firearms Act, a handgun is now the same thing as a pistol.  The definition of those items changed from any firearm capable of discharging a projectile to any firearm capable of discharging single or multiple projectiles from a single round of ammunition. The pistol/handgun must still be composed of any material that may reasonably be expected to be able to cause lethal injury, with a barrel or barrels less than 16″ inches long, and a combustible propellant charge, but does not include flare guns, underwater fishing guns, or blank pistols. “Handgun” was also added to the Oklahoma Self-Defense Act were it just mentioned a “pistol.”

New Definitions In The Oklahoma Self-Defense Act

oklahoma self-defense“Concealed handgun” – a loaded or unloaded pistol or handgun not openly visible to the ordinary observation of a reasonable person.

“Unconcealed handgun” or “open carry” – a loaded or unloaded pistol or handgun carried upon the person in a holster where the firearm is visible, or carried upon the person using a scabbard, sling, or case designed for carrying firearms.

“Pistol” or “handgun” – any derringer, revolver or semiautomatic firearm that:

  • has an overall barrel or barrels length of less than 16″ long,
  • is capable of discharging single or multiple projectiles from a single round of ammunition composed of any material that may reasonably be expected to be able to cause lethal injury,
  • can be held and fired by the use of one or both hands, and
  • uses a combustible propellant charge to propel the projectile or projectiles.

The definition of pistol or handgun for purposes of the Oklahoma Self-Defense Act does not apply to imitation pistols, flare guns, underwater fishing guns, or blank pistols.

SB 36 amended 21 O.S §§ 1289.3 and 1290.2. The changes went into effect November 1, 2017

Sources: SB 3621 O.S § 1289.3, & 21 O.S § 1290.2

What makes someone ineligible for a gun license in Oklahoma

The requirements to legally carry a gun in Oklahoma

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Motorcycle Concealed Carry – 2017 Oklahoma Laws #24

A motorcycle is now considered a motor vehicle for purposes of carrying a handgun in Oklahoma. The previous law referred to a “vehicle” in some parts of the statute and “motor vehicle” in others. This law ensures uniformity by referring to each (motor) vehicle as a “motor vehicle.”

Definition Of Motorcycle In Oklahoma

A motorcycle in Oklahoma is defined is any motor vehicle having:

  1. A seat or saddle for the use of each rider;
  2. Not more than three wheels in contact with the ground, but excluding a tractor; and
  3. A combustion engine with a piston or rotor displacement of 150 cc or greater.

Areas Where You Can Carry A Handgun

Areas involving automobiles that are excluded from the list of prohibited places include:

  1. Any property set aside for the use or parking of any motor vehicle, whether attended or unattended, by a city, town, county, state or federal governmental authority and
  2. Any property set aside for the use or parking of any motor vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law; and
  3. Any property set aside by a public or private elementary or secondary school for the use or parking of any motor vehicle, whether attended or unattended; provided, however, said handgun shall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school property.

Carrying A Handgun Onto School Property

oklahoma motorcycle concealed carryA concealed or unconcealed weapon may be carried onto private school property or in any school bus or motor vehicle used by any private school for transportation of students or teachers by a person who is licensed pursuant to the Oklahoma Self-Defense Act, provided a policy has been adopted by the governing entity of the private school that authorizes the carrying and possession of a weapon on private school property or in any school bus or motor vehicle used by a private school. Except for acts of gross negligence or willful or wanton misconduct, a governing entity of a private school that adopts a policy that authorizes the possession of a weapon on private school property, a school bus, or motor vehicle used by the private school will be immune from liability for any injuries arising from the adoption of the policy. These provisions don’t apply to the Administrative Workers’ Compensation Act.

No person in possession of a valid handgun license, issued pursuant to the provisions of the Oklahoma Self-Defense Act, is allowed to carry the handgun into or upon any college, university, or technology center school property, except as provided by law. There are several exceptions to this restriction. With respect to motor vehicles, a person with a valid handgun license is not prohibited from carrying a handgun on any property set aside for the use or parking of any motor vehicle, whether attended or unattended. The handgun must be carried or stored as required by law and the handgun may not removed from the motor vehicle without the prior consent of the college or university president or technology center school administrator while the motor vehicle is on any college, university, or technology center school property

This is the second amendment to 21 O.S. § 1277 in 2017. This amendment and the third amendment went into effect on the same day. Unfortunately, the third amendment did not incorporate the change adding motorcycles as motor vehicles. Therefore, each version must be read separately to completely understand the entire language of 21 O.S. § 1277.

HB 1550 modified 21 O.S. § 1277. The changes went into effect on November 1, 2017.

Answer page on places where it’s illegal to carry a handgun

Blog post on new prohibited areas for carrying a handgun in 2017

Sources: HB 1550, 21 O.S. § 1277, & 47 O.S. § 1-135

Arrested for unlawfully carrying a handgun?

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