fh - UZB) HONWMMKU PareS \ 905 "7** 1 THE DISTRICT COURT OF OKLAHOMA @MBNTN DISTRICT GOURT STATE OF OKLAHOMA OKLAHOMA COUNTY REPRESENTATIVE JASON LOWE; ANDREA) OCT ~7 2019 STONE; JOSHUA HARRIS-TILL; AMANDA. ) _ BRYANT; and ANGELA HOLMES, ) RICK WARREN | ) 42, Plaintiffs, j z : > cach .2019 - 562 ) GOVERNOR J. KEVIN STITT, in his official ) capacity, ) ) Defendant. ) PETITION : Plaintiffs, Rep. Jason Lowe, Joshua Harris-Till, Andrea Stone, Amanda Bryant, ahd Angela Holmes, respectfully request a declaratory judgment that House Bill 2597, commor known as the “Constitutional Carry” or “Permitless Carry” bill, is invalid and void in its, | 88 a violation of the Oklahoma Constitution’s single-subject rule. Plaintiffs further request that i the Court temporarily and permanently enjoin enforcement of the law. I. JURISDICTION AND VENUE 1. This Court has jurisdiction pursuant to Article 7, § 7(a) of the Oklahonfa Constitution. 2. Plaintiffs’ claims for declaratory and injunctive relief are authorized by 12 0.8. §§ 1651 & 1381, as well as by the inherent equitable power of this Court. 3. Venue is appropriate under 12 0.S. §§ 133 & 1653 because Defendant Governdr: J. Kevin Stitt has an official residence in Oklahoma County, Oklahoma. Il. THE PARTIES 4. Plaintiff Jason Lowe is an elected member of the Oklahoma House df; Representatives, representing District 97. Representative Lowe, on behalf of the voters of hisDistrict, was forced to vote against HB2597 because he does not support “Permitless Carty,” even though he does support certain other provisions in HB2597 that involve separate subjosts, Representative Lowe is a resident of Oklahoma County, Oklahoma. 5. Plaintiff Joshua Harris-Till is a taxpayer and a survivor of gun violence. Like! Plaintiffs, he seeks to “vindicate the public interest” in a matter of “great public significanep. Gentges v. Oklahoma State Election Bd., 2014 OK 8, $7, 319 P-3d 674, 676 (internal quotatigas omitted). Joshua Harris-Till is a resident of Oklahoma County, Oklahoma. 6. Plaintiff Angela Holmes is a taxpayer, a survivor of gun violence, the mother of & college student, and the wife of a law enforcement officer who nearly lost his life when he Was shot in the line of duty. Angela Holmes is a resident of Oklahoma County, Oklahoma. 7. Plaintiff Andrea Stone is a taxpayer, the mother of a college student and mitor high school student, and the wife of a state employee. Andrea Stone is a resident of Oklahowna County, Oklahoma. 8. Amanda Bryant is a taxpayer and the mother of alittle league baseball player who practices and plays his games in various parks. Amanda Bryant is a resident of Clevelahd County, Oklahoma. 9. Governor J. Kevin Stitt is the Governor of Oklahoma, and is named as| a Defendant solely in his official capacity as Chief Executive Officer of the State. Govemor Stitt signed HB2597, i 10, Plaintiffs have not named the Speaker of the House ot the President Pro Tempdrd of the Senate as Defendants in reliance on Hunsucker v. Fallin, 2017 OK 100, $¥ 8-11, 408 P.d 599,i. Pursuant to 12 O.S.-§'1653(C), the Attorney General of the State of Oklahoma will be served with a copy of this Petition, Ill, RELEVANT BACKGROUND 12. On February 27, 2019, House Bill 2597 (“HB2597"), titled “An Act relating] to firearms,” but dubbed “Constitutional Carry” by its sponsors and advocates, was passed by {he Oklahoma Legislature and signed into law by the new Governor, Defendant J. Kevin Stitt. Ex] A (enrolled HB2597). 13, HB2597's so-called “Constitutional” or “Permitless Carry” provisions expresfly permit “the carrying of a firearm, concealed or unconcealed, loaded or unloaded,” by individupls 21 years of age or older, or 18 years old with military experience, so long as they have not been convicted of certain felonies or drug offenses or been otherwise barred from purchasing lor possessing firearms under state or federal law. Ex. A, §§ 1(A)(6), 4(A}(6) 14, Under existing law, an individual is generally allowed to carry a concealed handgun in public only with a valid handgun license, and only after undergoing a backerouhd check and passing a firearms handling and safety course. See, ¢.g.,21 0.5, §§ 1289.6; 1290.1-14, Beginning November 1, 2019, however, HB2597 will permit individuals to carry in most pubjie places any “firearm,” “concealed or unconcealed, loaded or unloaded,” without these batie license and safety requirements. Ex. A, §§ 1(A)(6), 10(B). 15, In addition to “Constitutional Carry” or “Permitless Cary,” HB2597 abo addresses a number of other subjects, including: a. “Self-defense” - Section 1 creates a broad “self-defense” exception, whifh vaguely permits the carrying and “use” of both “guns and knives” for “self defense.” Ex. A, § 1(A)(). Similarly, Section 4 expressly permits individuals to “carry loaded and unloaded shotguns, rifles and pistols” without a licerbe' This Section was subsequently enacted separately by the Legislature in HB2010. “[fjor lawful self-defense and self-protection or any other legitimate purposp.” Ex. A, §4(A)(7). No age, military experience, or other restrictions 4re contained in these provisions. i . Campus weapons ban - Section 2 prohibits any individual “who is ol or in possession of a firearm as otherwise permitted by law or who is carryihg, or in possession of a machete, blackjack, loaded cane, hand chain or metal knuckles” from carrying that item “into or upon any college, university lor technology center school property,” except for in parking lots, or elsewhere ba campus where specifically permitted by school administration.’ Ex. A, § 2(H): . Undocumented immigrant real and toy firearm ban - Section 3 created & new crime under state law, making it unlawfal “for any person who is an illegally or unlawfully in the United States” to have in their possessidn, custody or control, or at their residence or in a car with them, “any pistpl, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or ahy other dangerous or deadly firearm.” Ex. A, § 3(E). Violation of this provisipa constitutes a misdemeanor, punishable by a $250 fine. |. Transportation of certain firearms - Sections 5-7 of HB2597 substantially reduce regulations on the transportation ‘of pistols, handguns, rifles, ahd shotguns in motor vehicles. Ex. A, §§ 5, 6,7. Preemption - Section 8 expands the state preemption provision for any lays > involving “firearms, knives, components, ammunition, and suppliet specifically prohibiting municipalities and other political subdivisions fia 416. f. Disclosure to law enforcement - Section 11 substantially changes the bi g. Immunity - Section 13 establishes an extraordinarily broad immunty punishing the open or concealed carrying or the possession of firearms|as disorderly conduct, disturbing the peace, or similar offenses against pubfit order. Ex. A, §8. disclose that fact to law enforcement officers at the first opportunity du any arrest, detainment, or traffic stop. See 21 O.S. § 1290.8(D). Unc HB2597, no such burden exists; instead, the officer must affirmativgly demand that information before any disclosure is required. Ex. A, § 11 CRO person shall be required to identify himself or herself as ... lawfully Jin possession of any other firearm if the law enforcement officer does demand the information.”). provision for all public employees and others who, inter alia, commit any 4ct or misconduct with a firearm; ‘The state or any political subdivision of the state ... and its officers, agents and employees shall be immune from liability resulting or arising from: 2. Any action or misconduct with a firearm i committed by ... any person who obtains a firearm. Unless this Court intervenes, HB2597 is set to take effect on November 1, 2019, IV. HB2597 VIOLATES THE SINGLE-SUBJECT RULE |17. Article 5, § 57 of the Oklahoma Constitution, commonly known 2s the “single- subject rule." provides: “Every act of the Legislature shall embrace but one subject, which stp be clearly expressed in its title.” Art. 5, § 57 (emphasis added), 18. As discussed above, HB2597 addresses far more than “one subject.” | 19. Despite the title of HB2597 as “an Act relating to firearms,” several of fits provisions deal not only with firearms (however that term may be defined), but also with knives, machetes, blackjacks, loaded canes, hand chains, “imitation” or “toy” pistols, and various otlfer items. | 20. Despite the advertisement of this bill as “Constitutional Carry,” several of thqse provisions deal not only with the “carrying” of firearms, but also with the “use,” “possessiog,” transportation” and “disclosure” of firearms. 21. Despite the suggestion that HB2597 was intended to reduce restrictions ahd regulations on the “Constitutional right to bear arms,” some fections of the bill in fact impdoe znew regulations and restrictions on various weapons. See, e.g. Ex. A, §§ 2(F). 22. And some sections of HB2597 make radical éhanges to existing law, but have nothing to do with “Constitutional Carry”: for example, the immunity provision gives public employees, officers and agents unqualified, blanket immunity from liability for “any action jor misconduct with a firearm” by “any person who obtains a fireaim,” Id. § 13. 23. In short, like the numerous acts of the Legislature that have previously bepa struck down for violating the single-subject rule, HB2597 addresses “multiple subjects that qre not ‘germane, relative and cognate’ to a common theme and purpose.” Burns v. Cline, 2016 GK 121, 28, 387 P.3d 348 (striking down in its entirety an “Act related to public health,” wih established various restrictions on abortion and abortion facilities); see also, e.g., Hunsucker|viFallin, 2017 OK 100, 408 P.3d 599; Burns v, Cline, 2016 OK 99, 382 P.3d 1048 (striking d in its entirety $B642, “an Act relating to abortion”); Fent v. Fallin, 2013 OK 107, 315 P.3d 1 (striking down in its entirety HB2032, “An Act relating to revenue and taxation,” which redu the top income rate and created the State Capitol Building Repair fund); Douglas v. Cox, 2013 OK 37, 302 P.3d 789 (striking down in its entirety the Comprehensive Lawsuit Reform Act 2009); Nova Health Systems v. Edmondson, 2010 OK 21, 233 P.3d 380 (striking down in [ entirety $B1878, the “Freedom of Conscience Act”); Fent v. Oka, Capitol Improvemsnt Authority, 2009 OK 15, 214 P.3d 799 (striking down act authorizing three different bohd issuances); Fent v. State ex rel. Office of State Finance, 2008 OK 2, $30, 184 P.3d 467 (strikihg down bill allocating funds for 16 state agencies); Weddington v. Henry, 2008 OK 102, 202 PBd 143 (striking down bill enacting multiple “uniform laws”); Morgan v. Daxon, 2001 OK 104, fl, 49 P.3d 687 (striking down bill authorizing various unrelated agency expenditures); Campbell White, 1993 OK. 89, (20, 856 P.2d 255 (striking down special appropriations bills fundihg various “cultural entities” and “slate business regulatory agencies"); Johnson v. Walters, 19P1 OK 107, $22, 819 P-2d 694 (similar). 24, Plaintiffs will be harmed if the State is permitted to enforce a law that was passed in clear violation of the mandates of the Oklahoma Constitution. 25. Plaintiffs will be harmed if the State is permitted to enforce an unconstitutiogal Jaw that permanently alters legal rights and needlessly places lives at risk. V. PLAINTIFFS’ CLAIMS FOR RELIEF COUNT I: DECLARATORY JUDGMENT 26. The allegations set forth in paragraphs 1 through 25 are incorporated as ‘hoop repeated herein.27. — Because HB2597- violates Article 5, § 57 of the Oklahoma Constitution, dnd. because a declaratory judgment to that effect would terminate the controversy giving rise to this proceeding, Plaintiff respectfully requests a declaration from this Court stating that HB2597, * unconstitutional and void. 12 O.S. § 1651 COUNT II: TEMPORARY AND PERMANENT INJUNCTION 28. The allegations set forth in paragraphs | through 27 are incorporated as though repeated herein, 29. Because HB2597 violates Article 5, § 57 of the Oklahoma Constitution, and because HB2597 would cause irreparable harm to the Plaintiffs, the State, and its people, Defendant should be temporarily and permanently enjoined from enforcing the Act. 12 O|S. § 1381-82. VL PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully requests that this Court: 30. Issue a declaratory judgment that HB2597 viblates the Oklahoma Constitutipn and thus is void and of no effect; 31, Issue temporary and permanent injunctive relief, without bond, restrainihg Defendant and his employees, agents, and successors in office from enforcing HB2597; and | | 32. Grant such other and further relief as the Court may deem just and proppr, including, but not limited to, reasonable attorney’s fees and costs. Dated: October 7, 2019 Respectfully Submitted, VELAMTE WILSt Led OBA #30421 [~ JORDAN E.M. SESSLER, OBA #33264 CROWE & DUNLEVY A Professional Corporation | 8copy of the above and foregoing was hand-delivered on this 7th day of October, 2019, to: 3498159 Braniff Building 324 North Robinson Avenue, Suite 100 Oklahoma City, Oklahoma 73102 (405) 235-700 (405) 239-6651 (Facsimile) melanie.rughani@crowedunlevy.com jotdan.sessler@crowedunlevy.com ATTORNEYS FOR PLAINTIFFS CERTIFICA’ F SERVICE, Thereby certify that, in addition to serving the Defendant with Summons and Petition, Mike Hunter, Oklahoma Attorney General Office of the Oklahoma Attomey General 313 NE 2st St ‘Oklahoma City, Oklahoma 73105 ilAn Act ENROLLED HOUSE BILL NO. 2597 By: Echols, Mize, Crosswhite Hade Townley, McDugle, Roberts (5 Olsen, Gann, West (Kevin), Steagall, Moore, Humphrey an), McBride, Hasenbeck, Patzkowsky, Cornwell, Hilbert, Davis, Tadlock, Russ, Frix, Lawson, Sims, McCall, O'Donnell, Tay: or, Pfeiffer, Sneed and West (Jo¢h) of the House and David, Dahm, Murdock, Scott, Newhouse, Allen, Treat and § of the Senate An Act relating to firearms; amending 21 0.8. 2011, Section 1272, as last amended by Section 1, Chapter 68, O.S.L. 2018 (21 0.8. Supp. 2018, Section 1272), which relates to the unlawful carry of firearms adding exception to certain prohibited act; amending 21 0.8. 2011, Section 1277, as last amended by Section 1, Chapter 247, 0.8.1. 2018 (21 0.8. Supp. 2018, Section 1277), which relates to the unlawful carry of firearms in certain places; expanding scope of crime to include certain persons and certain weapons; updating handgun references; clarifying construing provision related to thd possession of firearms on certain property; expariding scope of certain prohibited act on university property, amending 21 0.8. 2011, Section 1283, as last amended by Section 1, Chapter 179, 0.S.L. 2014 (21 0.S. Supp 2018, Section 1283), which relates to penalties for unlawfully carrying firearms by convicted felons and delinauents; making certain act unlawful; providing penalties; amending 21 0.S, 2011, Sections 1289.6, as last amended by Section 1, Chapter 268, 0.S.L. 2016, 1289.7, as amended by Section 12, Chapter 259, 0.8.L. 2012, 1289.13, as amended by Section 18, Chapter 259 0.8.L. 2012, 1289.13A, as amended by Section 19. Exhibit A LkChapter 259, 0.S.L. 2012 and 1289.24, as last amended by Section 1, Chapter 241, 0.S.L. 2015 (21 0.8. Supp 2018, Sections 1289.6, 1289.7, 1289.13, 1289.13A and 1289.24), which relate to the Oklahoma Firearms Act of 1971; clarifying manner by which firearms may be lawfully carried; adding condition that allows for firearms to be lawfully carried; deleting certain conditions related to the carrying of unloaded firearms; clarifying manner by which firearms may be transported in motor vehicles; deleting certain definition; making certain acts unlawful; providing penalties; deleting statutory references and references to certain act; clarifying scope of certain prohibited act; modifying statutory reference; expanding scope of certain prohibited ac making issuance of citation discretionary; modifying fixearm confiscation requirements; changing statutory reference in state preemption requirements; amending 21 0.8. 2011, Sections 1290.1, 1290.7, as last amended by Section 3, Chapter 366, 0.8.1. 2013, 1290.8, as last amended by Section 3, Chapter 68, ©.S.L. 2018 and 1290.22, as last amended by Section 1, Chapter 358, 0.S.L. 2017 (21 0.8. Supp. 2018 Sections 1290.7, 1290.8 and 1290.22), which relate to the Oklahoma Self-Defense Act; updating statutory references; providing construing provision related to the carrying of handguns or pistols without a handgun license; deleting penalty for certain prohibited act; clarifying firearm notification requirements; making penalty for certain prohibited act discretionary; clarifying scope of certain prohibited act; amending 21 0.8. 2011, Section 1290.24, as last amended by Section 3, Chapter 18, 0.S.L. 2016/(21 0.8. Supp. 2018, Section 1290.24), which relates to governmental immunity; modifying conditions for |immunity; and providing an effective date. SUBJECT: Weapons BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: ENR. H. B. NO. 2597 Hage 2SECTION 1. AMENDATORY 21 0.8. 2011, Section 1272, ag last amended by Section 1, Chapter 68, 0.S.L. 2018 (21 0.8. Su 2018, Section 1272), is amended to read as follows: Section 1272. UNLAWFUL CARRY A, £€ Notwithstanding any other provision of law, it shall|be unlawful for any person to carry upon or about his or her persoq) or in a purse or other container belonging tol the person, any pistq}, revolver, shotgun or rifle whether loaded fr unloaded or any blackjack, loaded cane, hand chain, metal knuckles, or any othe: offensive weapon, whether such weapon be concealed or gecaesaid if except this section shall not pronib. 1. The proper use of guns and knives for self-defense, hunting, fishing, educational or recreational puzpopes; 2, The carrying or use of weapons in 4 manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense |Act; 3. The carrying, possession and use of any weapon by a peaqé officer or other person authorized by law to carry a weapon in tHe performance of official duties and in compliance with the rules |déf the employing agency; 4. The carrying or use of weapons in a courthouse by a dist#ict judge, associate district judge or special district judge withii this state, who is in possession of a valid handgun license Tea id pursuant to the provisions of the Oklahoma| Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts; e= | 5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, "living history reenactment" means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period historical, antique or vintage clothing, accessories, firearms weapons, and other implements of the historical period; or 6, The carrying of a firearm, concealed or unconcealed, iodded or unioaded, by a person who is twenty-one (21) years of age or ENR. H. B. NO. 2597 age 3elder or by a person who is eighteen (18) years of age but not | twenty-one (21) years of age and the person is a member or vetefan of the United States Armed Forces, Reserves or National Guard of was discharged under honorable conditions from the United States Amped Forces, Reserves or National Guard, and the person is otherwise|qot disqualified from the possession or purchase of a firearm under state or federal law and is not carrying the firearm in furthergice of a crime. Except_as provided in subsection B of Section 1283 of this title, a person who has been convicted of any one of the followjng offenses in this state or a violation of the equivalent law of another state: a. assault and battery pursuant to the provisions of Section 644 of this title which caused serious physical injury to the victim, aggravated assault and battery pursuant to the provisions of Section 646 of this title, c. assault and battery that qualifies as domestic abjse as defined in Section 644 of this title, d. stalking pursuant to the provisions of Section 1113 of this title, order issved by another state, or under the provisions of the Uniform Controlled a violation of an order issued under the Protecti from Domestic Abuse Act or a domestic abuse protedtion f. a violation relating to illegal drug use or posseggion 1 | Dangerous Substances Act, shall be prohibited from carrying a firearm under the provision: this paragraph. Any person who carries a firearm in the manner provided for in this paragraph shall be prohibited from carryin firearm into any of the places prohibited in subsection A 1277 of this title or any other place currentl Nothing in this section shall modify or othe: person may legally carry a firearm. ENR, H, B. NO. 2597 of the ion Hage 4B. Any person convicted of violating the foregoing provisi shall be guilty of a misdemeanor punishable as provided in Sect: 1276 of this title. SECTION 2. AMENDATORY 210.8. 2011, Section 1277, ag last amended by Section 1, Chapter 247, 0.S.L. 2018 (21 0.8. Su 2018, Section 1277), is amended to read as follows: Section 1277. UNLAWFUL CARRY IN CERTAIN PLACES | A. Tt shall be unlawful for any person, including a person possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, to carry any conce@: or unconcealed handgun into any of the following places: 1. Any structure, building, or office space which is owned leased by a city, town, county, state or federal governmental authority for the purpose of conducting business with the publi or any facility used to process, hold or house arrested persons. prisoners or persons alleged delinquent or adjudicated delingue except as provided in Section 21 of Title 57 of the Oklahoma Statutes; 2. Any courthouse, courtroom, prison, jail, detention sal 3. Any public or private elementary or public or private secondary school, except as provided in subsections C and D of section; 4. Any publicly owned or operated sports arena or venue du: a professional sporting event, unless allowed by the event h 5. Any place where gambling is authorized by law, unless allowed by the property owner; and 6. Any other place specifically prohibited by law. B. For purposes of subsection A of this section, the prohi place does not include and specifically excludes the following property: ENR. 4. B. NO. 2597 c on > an ed or ity rt, his ing 3 ited age 51. Any property set aside for the use or parking of any vehicle, whether attended or unattended, by a city, town, count}; state or federal governmental authority; 2. Any property set aside for the use or parking of any vehicle, whether attended or unattended, which is open to the public, or by any entity engaged in gambling authorized by law. 3. Any property adjacent to a structure, building or offic space in which concealed or unconcealed weapons are prohibited Hy the provisions of this section; 4. Any property designated by a city, town, county or state governmental authority as a park, recreational area, wildlife refuge, wildlife management area or fairgrounds; provided, noth: in this paragraph shall be construed to authorize any entry by person in possession of a concealed or unconcealed handgun fire: into any structure, building or office space which is specifica. prohibited by the provisions of subsection' A of this section; a 5. Any property set aside by a publici or private elementary ‘or secondary school for the use or parking of any vehicle, whether attended or unattended; provided, however, the henégun firearm ghall be stored and hidden from view in a locked motor vehicle when the motor vehicle is left unattended on school| property. Nothing contained in any provision of this subsection or subsection C of this section shall be construed to authorize or allow any person in control of any place described in subsection of this section to establish any policy or) rule that has the ef. of prohibiting any person in lawful possession of a handgun lic from or otherwise in lawful possession of a sueh—ticense—in-piaces firearm from carrying or possessing the firearm on the property described in this subsection. C. A concealed or unconcealed weapon may be carried onto private school property or in any school bus or vehicle used by|any private school for transportation of students or teachers by a Person who is licensed pursuant to the Oklahoma Self-Defense Ref, 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 vehicle used by a private school. Except for acts of gross negligence willful or wanton misconduct, a governing entity of a private si hood that adopts a policy which authorizes the possession of a weapos|on ENR. H. B. NO. 2597 Hage 6ivate school property, a school bus or vehicle used by the pr{Jate school shall be immune from liability for any injuries arising from the adoption of the policy. The provisions of this subsection $hall not apply to claims pursuant to the Administrative Workers! Compensation Act. D. Notwithstanding paragraph 3 of subsection A of this section a board of education of a school district may adopt a policy pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statuteg to authorize the carrying of a handgun onto school property by schqél personnel specifically designated by the board of education provided such personnel eithe: 1. Possess a valid armed security guard license as provided ‘for in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes; ]or 2. Hold a valid reserve peace officer certification as proyided for in Section 3311 of Title 70 of the Oklahoma Statutes. Nothing in this subsection shall be construed to restrict authogity granted elsewhere in law to carry firearms E. Any person violating the provisions of paragraph 2 or 3]o: subsection A of this section shall, upon conviction, be guilty $f a misdemeanor punishable by a fine not to exceed Two Hundred Fitey Dollars ($250.00). A person violating any other provision of subsection A of this section may be denied entrance onto the property or removed from the property. If the person refuses t leave the property and a peace officer is summoned, the person } be issued a citation for an amount not to exceed Two Hundred Fi, Dollars ($250.00). i F, No person in possession of a valid handgun license issu pursuant to the provisions of the Oklahoma) Self-Defense Act or is carrying or in possession of a firearm as otherwise permitte: law or who is carrying or in possession of a machete, blackjack loaded cane, hand o t in or metal knuckles shall be authorized t carry the handgun firearm, machete, blackjack, loaded cane, han chain or metal knuckles into or upon any college, university or technology center school property, except as provided in this subsection. For purposes of this subsection, the following property shall not be construed as_prehibited-for_persons—having-avalid| Soracerpmennstine to be college, university or technology center school property: ENR. H. B. NO. 2597 Hage 71. Any property set aside for the use or parking of any vehicle, whether attended or unattended, provided the handgun firearm, machete, blackjack, loaded cane, hand chain or metal knuckles is carried or stored as required by law and the Rendguit firearm, machete, blackjack, loaded cane, hand chain or metal knuckles is not removed from the vehicle without the prior consdnt of the college or university president or technology center schqol administrator while the vehicle is on any college, university o: technology center school property: 2. Any property authorized for possession or use of handguns firearms, machetes, blackjacks, loaded canes, hand chains or metlal knuckles by college, university or technology center school polfay; and 3. Any property authorized by the written consent of the college or university president or technology center school administrator, provided the written consent is carried with the| : handgun firearm, machete, blackjack, loaded cane, hand chain or metal knuckles and the valid handgun license while on college, university or technology center school property The college, university or technology center school may notdfy the Oklahoma State Bureau of Investigation within ten (10) dayslof a violation of any provision of this subsection by a licensee. Uygon receipt of a written notification of violation, the Bureau shal give a reasonable notice to the licensee and hold a hearing. At 'the hearing, upon a determination that the licensee has violated an: provision of this subsection, the licensee may be subject to an administrative fine of Two Hundred Fifty Dollars ($250.00) and may have the handgun license suspended for three (3) months. Nothing contained in any provision of this subsection shall |be construed to authorize or allow any college, university or technology center school to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a |' handgun license or any person in lawful possession of a firearm, machete, blackjack, loaded cane, hand chain or metal knuckles fom possession of a handgunallewable under-cuehticense firearm, || machete, blackjack, loaded cane, hand chain or metal knuckles it places described in paragraphs 1, 2 and 3 of this subsection Nothing contained in any provision of this subsection shall be |: construed to limit the authority of any college, university or J technology center school in this state from taking administrati ENR. H. B. NO. 2597 Hage 8action against any student for any violation of any provision of this subsection. G. The provisions of this section shall not apply to the following: 1. Any peace officer or any person authorized by law to cary a pistek firearm in the course of employment; 2. District judges, associate district judges and special district judges, who are in possession of a valid handgun licengé issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose names appear on a list maintained by the Administrative Director of the Courts, when acting in the course and scope of employment within the courthouses of this state; 3. Private investigators with a firearms authorization wher acting in the course and scope of employment; 4, Blected officials of a county, who are in possession of |4 valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, may carry a concealed handgun when a¢ting in the performance of their duties within the courthouses of thi county in which he or she was elected. The provisions of this paragraph shall not allow the elected county official to carry the handgun into a courtroom; 5. The sheriff of any county may authorize certain employeds of the county, who possess a valid handgun license issued pursuant |tio the provisions of the Oklahoma Self-Defense Act, to carry a concealed handgun when acting in the course and scope of employment within the courthouses in the county in which the person is employed. Nothing in this act shall prohibit the sheriff from requiring additional instruction or training before receiving authorization to carry a concealed handgun) within the courthous¢. The provisions of this paragraph and of paragraph 6 of this subsection shall not allow the county employee to carry the handgun into a courtroom, sheriff's office, adult or juvenile jail or any other prisoner detention area; and 6. The board of county commissioners of any county may authorize certain employees of the county, who possess a valid handgun license issued pursuant to the provisions of the Oklahor Self-Defense Act, to carry a concealed handgun when acting in the ENR. H. B. NO. 2597 age 9course and scope of employment on county annex facilities or grounds surrounding the county courthouse. H. For the purposes of this section, "motor vehicle" means automobile, truck, minivan or sports utility vehicle SECTION 3. AMENDATORY 21 0.8. 2011, Section 1283, ai last amended by Section 1, Chapter 179, 0.S.L. 2014 (210.8. su 2018, Section 1283), is amended to read as follows: Section 1283. | I CONVICTED FELONS AND DELINQUENTS A. Except as provided in subsection B of this section, it be unlawful for any person convicted of any felony in any court this state or of another state or of the United States to have any 4 Pe hall n his or her possession or under his or her immediate control, or|in any vehicle which the person is operating,| or in which the pers: riding as a passenger, or at the residence) where the convicted person resides, any pistol, imitation or homemade pistol, alter air or toy pistol, machine gun, sawed-off shotgun or rifle, or other dangerous or deadly firearm. B. Any person who has previously been convicted of a nonvi felony in any court of this state or of another state or of the United States, and who has received a full and complete pardon lent, from the proper authority and has not been convicted of any other fejony offense which has not been pardoned, shall have restored the ri ht to possess any firearm or other weapon prohibited by subsect son|& of this section, the right to apply for and carry a handgun, conce: or unconcealed, pursuant to the Oklahoma Self-Defense Act or as otherwii peace officer, gunsmith, es and for firearms repair. C. It shall be unlawful for any person serving a term of state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or w probation for any felony in any court of this state or of ‘crf led permitted by law, and the right to perform the duties}of£ a der his or her immediate control, or at his or her residence, or inJany passenger vehicle which the person is operating or is riding as|a passenger, any pistol, shotgun or rifle, including any clei, of or homemade pistol, altered air or toy pistol, shotgun or rifle, wi such person is subject to supervision, probation, parole or inm status. ENR. H. B. NO. 2597 Hl Pi ile te ge 10Mt D. It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission|of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person under the immediate control of the person, or have in any vehicle which he or she is driving or in which the person is riding as Passenger, or at the residence of the person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed— off shotgun or rifle, or any other dangerous or deadly firearm within ten (10) years after such adjudication; provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Se¢tion 3311 of Title 70 of the Oklahoma Statutes. E. it shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have in the possession of the person or under the immediate control of the person, or in any vehicle the person is operating, or at the residence where the person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle or aby other dangerous or deadly firearm; provided, that nothing in thig subsection applies to prohibit the transport or detention of thé person by jaw enforcement officers or federal immigration authorities. Any person who violates the provisions of this subsection shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Two Hundred Fifty Dollars ($250.00). F. Any person having been issued @ handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who thereafter knowingly or intentionally allows a convicted felon or adjudicated delinquent or a youthful offender as prohibited by the provisiobs of subsection A, C, or D of this section to possess or have contro] of any pistol authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to efceed Five Thousand Pollars ($5,000.00). In addition, the person sha1} have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person|has violated the provisions of this section. #-G. Any convicted or adjudicated person violating the provisions of this section shall, upon conviction, be guilty of/a felony punishable as provided in Section 1284 of this title ENR. H. B. NO. 2597 P4ge 11For purposes of this section, "sawed-off shotgun or mean any shotgun or rifle which has been shortened rifle" sha any length. to H+ 1. For purposes of this section, "altered toy pistol” shall mean any toy weapon which has been altered from its original manufactured state to resemble a real weapon. E+ J. For purposes of this section, “altered air pistol" shdll mean any air pistol manufactured to propell projectiles by air pressure which has been altered from its original manufactured state. 3+ K. For purposes of this section, "alternative court program” shall mean any drug court, Anna McBride or mental health court, court or veterans court. SECTION 4. AMENDATORY 21 0.8 2011, Section 1289.6, DUZ as last amended by Section 1, Chapter 268, 0.S.L. 2016 (21 0.8. Supp. 2018, Section 1289.6), is amended to read as follows: Section 1289.6 CONDITION: UNDER WHICH FIREARM$ MAY BE CARRIED A. A person shall be permitted to carry loaded and unloaded shotguns, rifles and pistols;—open—and-netcencealed and withou handgun license as authorized by the Oklahoma Self-Defense Act pursuant to the following conditions: 1. When hunting animals or fowl; 2. During competition in or practicing in a safety or hunt. safety class, target shooting, skeet, trap or other recognized sporting events; 3. During participation in or in preparation for a militar: function of the state military forces to be defined as the Oklal Army or Air National Guard, Federai-Military-Reserve federal military reserve and active military forces, It is further prot that Oklahoma Army or Air National Guard personnel with proper authorization and performing a military function may carry load unloaded and concealed weapons on Oklahoma Military Department ENR. H. B. NO. 2597 Bi oma, ided ld or ge 12facilities in accordance with rules promulgated by the Adjutant | General; 4. During participation in or in preparation for a recognized police function of either a municipal, county or state governmed functioning police officials; 5. During a practice for or a performance for entertainmen' purposes; 6. As provided for in subsection A of| Section 1272 of this title; or For lawful self-defense and self-protection or any otheq| legitimate purpose oz-otherwise-tegally controlied-by-the-persons—or 3-—foxany-iegitinete purpese not in violation of the-Okiaheme Firearns et-of i8ti-ef eny legislative enactment regarding the|use carrying, ownership and control of firearms. B. A person shall be permitted to carry unloaded shotguns, rifles and pistolsy—-epen—end-net_conceated-and without a handgu license as authorized by the Oklahoma Self-Defense Act pursvanttte the tobiowing conmitinns: 4.—When and when going to or from the person's private residence or vehicle Serene eer eae ee tas C. The provisions of this section shall not be construed t prohibit educational or recreational activities, exhibitions displays or shows involving the use or display of rifles, shotgins or pistols or other weapons if the activity is approved by the property owner and sponsor of the activity ENR. H. B. NO. 2597 Page 13SECTION 5. AMENDATORY 210.8. 2011, Section 1289.7, amended by Section 12, Chapter 259, 0.8.L. 2012 (21 0.8. Supp Section 1289.7), is amended to read as follows: Section 1289.7 FIREARMS IN VEHICLES A. Any persony—exeept—aeonvieted-feten; who is not otherw: prohibited by law from possessing a firearm may transport in a vehicle a sifie;—shetgun—er pistol or Beco: ee ane ee unloaded, at any time. as 18, the firearm is transe whe # 7 exteries locked comp, ob oy trunk of a velielos B. Any person;-exeeptacomicted-felpn, who is not otherwise prohibited by law from possessing a firearm may transport in a fete> enine a rifle or shotgun open or concealed vohicle-oz-within_the interior ef the vehicle, provided the rif shotgun is net—clip;-magazine_ox_chambertoaded;—The-authorityte transported pursuant to the requirements of Section 1289.13 of title. ¢. Any person who is the operator of a motor vehicle or is passenger in any motor vehicle wherein another person who is licensed pursuant to the Oklahoma Self-Defense Act or is otherw: permitted by law to carry a handgun, concealed or unconcealed, is carrying a handgun or has the handgun in such vehicle, shall be deemed in violation of the provisions of this section provid the licensee or person permitted by law is in or near the motor vehicle. D. It shall be unlawful for any person transporting a fired: ina motor vehicle to fail or refuse to identify that the perso in actual possession of a firearm when asked to do so by a law enforcement officer of this state during any arrest, detainment routine traffic stop. Any person who violates the provisions of @ or his ise ind not, 4 2am is or Ehis subsection may be issued a citation for an amount not to e: ceed One Bundred Dollars ($100.00) ENR. H. B, NO, 2597 Pq ge 14SECTION 6. AMENDATORY 21 0.8. 2011, Section 1289.13} |as amended by Section 18, Chapter 259, 0.S.L. 2012 (21 0.8. Supp. 4018 Section 1289.13), is amended to read as follows Section 1289.13 TRANSPORTING A LOADED FIREARM 1 Except as otherwise provided by the_previsions—of the Gilahdae Self-Defense Act or-anether-provisieref law, it shall be unlawfyl to transport a loaded pistei; rifle or shotgun in a landborne mdtor vehicle over a public highway or roadway;—Hewever;—@ unless th rifle or shotgun maybe is transported clipz or magazine-loaded [and not chamber-loaded whentxensperted, and in an exterior locked |! compartment of the vehicle ox trunk of the vehicle or in the interior compartment of the vehicle net 1id-handg 7 he Okiah 4 : Any person convicted of a violation of this section shall be punished as provided in Section 1289.15 of| this title. Any person who is the operator of a vehicle or is a passengdr in any vehicle wherein another person who is licensed pursuant to tHe Oklahoma Self-Defense Act to carry a handgyn, concealed or unconcealed, and is-carrying-ahandgen-er has a handgun—or rifl¢ or shotgun in such vehicle shall not be deemed in violation of the provisions of this section provided the licensee is in or near the vehicle. SECTION 7. AMENDATORY 210.8. 2011, Section 1289-134 as amended by Section 19, Chapter 259, 0.S.L.| 2012 (21 0.8. Supp. #01 Section 1289.13A), is amended to read as follows: Section 1289.13A IMPROPER TRANSPORTATION OF FIREARMS A. Notwithstanding the provisions of Section 1272 or 226949 1289.7 of this title, any person stopped pursuant to a moving traffic violation who is transporting a loaded pistol in the motor vehicle without a valid handgun license authorized by the Oklahpma Self-Defense Act or valid license from another state, or in violation of any law related to the carrying or transporting of firearms, whether the loaded firearm is concealed or unconcealediin ENR. H. B. NO. 2597 Page 15the vehicle, skaii may be issued a traffic citation in the ) bot Seventy Dollars ($70.00), plus court costs for transporting a firearm improperly. in addition to the traffic citation provid this section, the person may also be arrested for any other violation of law r e aah € 2 proves - erst a perec! e~s 2 < Any [firearm lawfully carr: ox transported as permitted pursuant to thet—tieense state law not be confiscated, unles 1. The person is arrested for violating another provision law other than a violation of subsection A of this section provided, however, if the perso! pursuant to this paragraph or if the charges are dismissed or tl person is acquitted, the weapon shall be returned to the person, 2. The officer has probable cause to believe the weapon is a. contraband, or a firearm used in the commission of a c! a violation of subsection A of this sect C. Nothing in this section shall be construed to require confiscation of any firearm SECTION 8. AMENDATORY 21 0.8. 2011, Section eee last amended by Section 1, Chapter 241, 0.8.1, 2015 (21 0.8. Su 2018, 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 entire field of legislation in this state touching in any way firearms, knives, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by an municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this f except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void. ENR. H. B. NO. 2597 P is never charged with an orsenge e din or than he eld, ge 16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, howeyér. 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 epem carrying or possession of a handgen firearm under the provisions of the-OkishemaSeléBefeneeAet Chapter 53 of this title shall not be punishable by any municipality or other political subdivision of this state as disorderly condjdt, disturbing the peace or similar offense against public order 4. A public or private school may create a policy regulating the possession of knives on school property or in any school bug or vehicle used by the school for purposes of] transportation. B. No municipality or other political subdivision of this $tate shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, us¢, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, knives, components ammunition, and supplies. C. Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipalit; concerning the confiscation of property used in violation of th ordinances of the municipality as provided for in Section 28-12] iof Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm or knife improperly} ;may include a provision for confiscation of property. D. When a person's rights pursuant to the protection of th preemption provisions of this section have been violated, the p¢fson shall have the right to bring a civil action against the person ENR. H. B. NO. 2597 Page 17municipality, and political subdivision jointly and severally dl injunctive relief or monetary damages or both. SECTION 3. AMENDATORY 21 0.8. 2011, Section 1290.1, ]is amended to read as follow Section 1290.1 SHORT TITLE Sections 4 1290.1 through 25 1290.27 of this eet title shal} |be known and may be cited as the "Oklahoma Self-Defense Act". SECTION 10. AMENDATORY 21 0.8. 2011, Section 1290.7] jas last amended by Section 3, Chapter 366, 0.8.L. 2013 (21 0.S. Supp. 2018, Section 1290.7), is amended to read as follows: Section 1290.7 CONSTRUING AUTHORITY OF] LICENSE A. The authority to carry a concealed or unconcealed handg}n pursuant to a valid handgun license as authorized by the provisions of the Oklahoma Self-Defense Act shall not be construed to authgrize any person to: 1. Carry or possess any weapon other than an authorized pigtol as defined by the provisions of Section 1290.2 of this title; 2. Carry or possess any pistol in any manner or in any plage otherwise prohibited by laws 3. Carry or possess any prohibited ammunition or any illeg4i imitation or homemade pistol; 4. Carry or possess any pistol when the person is prohibitgd by state or federal law from carrying or possessing any firearm; o: 5. Point, discharge or use the pistol in any manner not otherwise authorized by law. B, The availability of a license to carry pursuant to the provisions of the Oklahoma Self-Defense Act shall not be constrted fo prohibit the lawful transport or carrying of a handgun or pigtol in_a vehicle or on or about the person whether concealed or ENR. H. B. NO. 2597 Page 18unconcealed, loaded or unloaded, and without a valid handgun danse as permitted by law SECTION 11. AMENDATORY 21 0.8. 2011, Section 1290.8} as last amended by Section 3, Chapter 68, 0.S.L. 2018 (21 0.8. Supy 2018, Section 1290.8), is amended to read as follows: Section 1290.8 POSSESSION OF LICENSE REQUIRED NOTIFICATION T0 POLICE OF GUN A. Except as otherwise prohibited by law, an eligible persqn shall have authority to carry a concealed or unconcealed handgup in this state when: 1. The person has been issued a handgun license from the Oklahoma State Bureau of Investigation pursuant to the provisiops of the Oklahoma Self-Defense Act, provided the person is in complidrce with the provisions of the Oklahoma Self-Defense Act, and the license has not expired or been subsequently suspended or revokdd: or 2. The person is twenty-one (21) years of age or older, and is eithe active military, or a member of the Reserve or National Guard to inclide Drill Status Guard and Reserve, Active Guard Rese}ves or Military Technicians and presents a valid military identification card that shall be considered a valid handgun license issued pursuant to the Oklahdia Self-Defense Act. ' B. A person in possession of a valid handgun license or whd meets the criteria and presents a valid military identification|dard as provided for in this section and in compliance with the provisions of the Oklahoma Self-Defense Act shall be authorized|to carry such concealed or unconcealed handgun while scouting as it relates to hunting or fishing or while hunting or fishing. ENR. H. B. NO. 2597 Page 19c. The person shall be required to have possession of his gr her valid handgun license or valid military identification card]as provided for qualified persons in this section and a valid Okla}oma 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 or a valid military identification ¢ard as provided for qualified persons in this section on demand of 4 law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity} an individual carrying an unconcealed or concealed handgun shall n¢t be disarmed or physically restrained unless the individual fails t display a valid handgun license or a valid military identificatjon card as provided for qualified persons in this section in respoqse to that demand. Any violation of the provisions of this subsection may be punishable as a criminal offense as| authorized by Sectio: 1272 of this title or pursuant to any other applicable provisiog of law. nd_ox_subseq 4 she: foreah = oom pend hand pepsteyiepeseds Upon the arrest of any person for a violation of the provisions of this subsection, the person may show proof to the court thatla valid handgun license and the other required identification has|been issued to such person and the person may state any reason why oye handgun license, a valid military identification card as provided for qualified persons in this section 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 upbn payment of court cdsts, if proof of a valid handgun license and other required identification is shown to the court within ten (10) days of th¢ arrest of the person. The court shall report a dismissal of a charge to the Bureau for consideration of administrative proceedings against the licensee. D. It shall be unlawful for any person to fail or refuse t identify the fact that the person is in actual possession of a concealed or unconcealed handgun f. pursuant to the authorjty Of the Oklehona Self-Defense Act when the person cones into contact subdiviciens_cza_federal lav enforeenent_offices during the corse of any arrest, detainment, or routine traffic stop. Said identification to the law enforcement officer shall be mede-et required upon the #irst-oppertunity demand of the law enforcemegt ENR, H. B. NO. 2597 Page 20| officer. No person shali be required to identify himself or hebbele as a handgun licensee or as lawfully in possession of any other firearm if the law enforcement officer does not demand the nformation. No person shall be required to identify himself of herself as a handgun licensee when no handgun is in the possess{on of the person or in any vehicle in which the person is driving $r is a passenger. Any vielatien violator of the provisions of this subsection shaii;—upsn-cenvictien, may be a-misdencanorpunichaifie by-a-fine issued a citation for an amount not exceeding One Hundited Dollars ($100.00). E. Any law enforcement officer coming in contact with a pe¥son 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 jt to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the licens¢ is no longer needed as evidence in any criminal proceeding. F. 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 12. AMENDATORY 21 0.8. 2011, Section 1290.22, as last amended by Section 1, Chapter 358, 0.8.L. 2017 (21 0.8. Supp 2018, Section 1290.22), is amended to read as follows: Section 1290.22 BUSINESS OWNER'S RIGHTS A. Except as provided in subsections B, C and D of this section, nothing contained in any provision of the Oklahoma Self- Defense Act shall be construed to limit, restrict or prohibit 2p 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 B. No person, property owner, tenant, employer, holder of $n event permit, place of worship or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and stofing firearms in a locked vehicle on any property set aside for any vehicle. ENR. H. B. NO. 2597 Page 21C. A property owner, tenant, employer, place of worship or business entity may prohibit any person from carrying a conceal unconcealed firearm on the property. If the building or proper open to the public, the property owner, tenant, employer, place dor y is of worship or business entity shall post signs on or about the property stating such prohibition. event permit, place of worship or business entity shall be per to establish any policy or rule that has the effect of prohibi any person from carrying a concealed or unconcealed firearm on D. No person, property owner, tenant,| employer, holder of ‘ ted t: property within the specific exclusion provided for in paragraph'4 of subsection B of Section 1277 of this title; provided that carrying a concealed or unconcealed firearm may be prohibited if 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 adjacen| seating or adjacent area set aside for viewing a sporting event. where an elementary or secondary school, collegiate, or profess sporting event or an International Olympic Committee or organiz or any committee subordinate to the International Olympic Commi event is being held; onal tion tee 3. The fairgrounds during the Oklahoma State Fair or the Thlsa State Fair; and 4. The portion of a public property structure or building is leased or under contract to a business or not-for-profit ent! or group for offices. E. The otherwise lawful carrying of a concealed or unconce; firearm by a person whe-hasbeen tested -ahandgun—ticense on property that has signs prohibiting the carrying of firearms shi not _be-deemed-2-eriminal aetbut-may subject the person to bein denied entrance onto the property or removed from the property. the person sefuses, hat ty pled t jre ENR. H. B. NO. 2597 Page 221. Has been informed by the property owner, business exessh le manager of the business that the person is in violation of a policy that prohibits firearms on the property; and 2. Refuses to leave the property and a peace officer is summoned, the person may be—issued—a—citation fer_an_ameuntnet—te-execed ave Hundred Fifty Dollars 1$254-85} be punished as provided in Section 1276 of this title. F. A person, property owner, tenant, employer, holder of a! event permit, place of worship or business entity that does or joes not prohibit any individual, except a convicted felon, from on dss 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 control of, is immune from any liability arising from that deci: Except for acts of gross negligence or willful or wanton miscon an employer who does or does not prohibit sheds his or her empl from carrying a concealed or unconcealed weapon is immune from liability arising from that decision. A person, property owner, tenant, employer, holder of an event permit, place of worship o: business entity that does not prohibit persons from carrying a concealed or unconcealed weapon pursuant to subsection D of thi section shall be immune from any liability arising from the car: of a concealed or unconcealed weapon, while in the scope of employment, on the property or in or about a business entity vehicle. The provisions of this subsection shall not apply to claims pursuant to the Administrative Workers' Compensation Act G. It shall 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 section. H. Nothing in subsections F and G of this section shall pr an employer, employee or person who has suffered loss resulting the discharge of a weapon to seex redress or damages of the per: who discharged the weapon or used the weapon outside the provis: of the Oklahoma Self-Defense Act. SECTION 13. AMENDATORY 21 0.8. 2011, Section 1290.2 last amended by Section 3, Chapter 18, 0.5.L. 2016 (21 0.8. Supy 2018, Section 1290.24), is amended to read as follows egal ion. duct , yees ny ying his vent, from jon jons 1 as ENR. H. B. NO. 2597 Page 23Section 1290.24 IMMUNITY A. The state or any political subdivision of the state, as defined in Section 152 of Title 51 of the Oklahoma Statutes, an officers, agents and employees shall be immune from liability resulting or arising from: 1. Failure to prevent the licensing of an individual for wi the receipt of the license is unlawful pursuant to the provisia the Oklahoma Self-Defense Act or any other] provision of law of state; 2. Any action or misconduct with a piftel firearm committe if its jom 3 of his person led-or haddgun has-been—issued pursuant to the provisions of the Oklahoma Self: Defense Act or by any person who obtains a firearm; 3. Any injury to any person during a handgun training cour: conducted by a firearms instructor certified by the Council on Enforcement Education and Training to conduct training under the Oklahoma Self-Defense Act, or injury from any misfire or malfun of any handgun on a training course firing range supervised by certified firearms instructor under the provisions of the Ona Led Self-Defense Act, or any injury resulting faa carrying a conceé or unconcealed handgun pursuant to a handghn license; and 4. Any action or finding pursuant to a hearing conducted i accordance with the Administrative Procedures Act as required i Oklahoma Self-Defense Act. B. Firearms instructors certified by the Council on Law Enforcement Education and Training to conduct training for the Oklahoma Self-Defense Act shall be immune from liability to thi¢d persons resulting or arising from any claim based on an act or omission of a trainee. tion 1 the C. The provisions of this subsection shall not apply to clajms pursuant to the Administrative Workers’ Compensation Act. SECTION 14. This act shall become effective November ENR. H. 8. NO. 2597 PiPassed the House of Representatives the 13th day of al 2019. Presiding Officer of the A of Representat4ves Passed the Senate the 27th day of February, 2019 OFFICE OF THE GOVERNOR Received by the Office of the Governor; this Jday of 1 20 yat otclock By: Approved by the Governor of the State of Oklahoma this day of » 20. pat otclock OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this day of + 20 y at o'clock IBy: Governor of the State of Okl4Homa ENR. H. B. NO. 2597