[Amended 5-5-1992 by Ord. No. 2671; 12-10-2019 by Ord. No. 9218]
A. Unlawful carry.
(1)
It shall be unlawful for any person to carry upon or about his
or her person, or in a purse or other container belonging to the person,
any pistol, revolver, shotgun or rifle, whether loaded or unloaded,
or any blackjack, loaded cane, hand chain, metal knuckles, or any
other offensive weapon, whether such weapon be concealed or unconcealed,
except this section shall not prohibit:
(a)
The proper use of guns and knives for self-defense, hunting,
fishing, educational or recreational purposes;
(b)
The carrying or use of weapons in a manner otherwise permitted
by statute or authorized by the Oklahoma Self-Defense Act;
(c)
The carrying, possession and use of any weapon by a peace officer
or other person authorized by law to carry a weapon in the performance
of official duties and in compliance with the rules of the employing
agency;
(d)
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 subsection, "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
(e)
The carrying of a firearm, concealed or unconcealed, loaded
or unloaded, by a person who is 21 years of age or older or by a person
who is 18 years of age but not yet 21 years of age and the person
is a member or veteran of the United States Armed Forces, Reserves
or National Guard or was discharged under honorable conditions from
the United States Armed Forces, Reserves or National Guard, and the
person is otherwise not disqualified from the possession or purchase
of a firearm under state or federal law and is not carrying the firearm
in furtherance of a crime.
(2)
Except as provided in Subsection
B of Title 21, § 1283, a person who has been convicted of any one of the following offenses in this state or a violation of the equivalent law of another state shall be prohibited from carrying a firearm under the provisions of this paragraph. Any person who carries a firearm in the manner provided for in this paragraph shall be prohibited from carrying the firearm into any of the places prohibited in Subsection
A of Title 21, § 1277, or any other place currently prohibited by law. Nothing in this section shall modify or otherwise change where a person may legally carry a firearm.
(a)
Assault and battery pursuant to the provisions of Title 21,
§ 644 which caused serious physical injury to the victim;
(b)
Aggravated assault and battery pursuant to the provisions of
Title 21, § 646;
(c)
Assault and battery that qualifies as domestic abuse as defined
in Title 21, § 644;
(d)
Stalking pursuant to the provisions of Title 21, § 1173;
(e)
A violation of an order issued under the Protection from Domestic
Abuse Act or a domestic abuse protection order issued by another
state; or
(f)
A violation relating to illegal drug use or possession under
the provisions of the Uniform Controlled Dangerous Substances Act.
(3)
Any person convicted of violating the foregoing provision shall
be guilty of a misdemeanor punishable by a fine of not more than $250
(T21 § 1276).
B. Unlawful carry in certain places.
(1)
It shall be unlawful for any person, including a person in possession
of a valid handgun license issued pursuant to the provisions of the
Oklahoma Self-Defense Act, to carry any concealed or unconcealed handgun into any
of the following places:
(a)
Any structure, building, or office space which is owned or leased
by a city, town, county, state or federal governmental authority for
the purpose of conducting business with the public;
(b)
Any courthouse, courtroom, prison, jail, detention facility or any facility used to process, hold or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent, except as provided in §
21 of Title 57 of the Oklahoma Statutes;
(c)
Any public or private elementary or public or private secondary school, except as provided in Subsection
B(4) and
(5) of this section;
(d)
Any publicly owned or operated sports arena or venue during
a professional sporting event, unless allowed by the event holder;
(e)
Any place where gambling is authorized by law, unless allowed
by the property owner; and
(f)
Any other place specifically prohibited by law.
(2)
Prohibited places.
(a)
For purposes of subsection
B(1) of this section, the prohibited place does not include and specifically excludes the following property:
[1]
Any property set aside for the use or parking of any vehicle,
whether attended or unattended, by a city, town, county, 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 office space
in which concealed or unconcealed weapons are prohibited by 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, nothing in this subsection shall be construed to authorize any entry by a person in possession of a concealed or unconcealed firearm into any structure, building or office space which is specifically prohibited by the provisions of Subsection
B(1) of this section; and
[5]
Any property set aside by a public or private elementary or
secondary school for the use or parking of any vehicle, whether attended
or unattended; provided, however, the firearm shall be stored and
hidden from view in a locked motor vehicle when the motor vehicle
is left unattended on school property.
(b)
Nothing contained in any provision of this subsection or Subsection
B(3) of this section shall be construed to authorize or allow any person in control of any place described in Subsection
B(1) of this section to establish any policy or rule that has the effect of prohibiting any person in lawful possession of a handgun license or otherwise in lawful possession of a firearm from carrying or possessing the firearm on the property described in this subsection.
(3)
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 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 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 which
authorizes the possession of a weapon on private school property,
a school bus or vehicle used by the private school shall be immune
from liability for any injuries arising from the adoption of the policy.
The provisions of this subsection shall not apply to claims pursuant
to the Administrative Workers' Compensation Act.
(4)
Authorization to carry.
(a)
Notwithstanding Subsection
B(1)(c) of this section, a board of education of a school district may adopt a policy pursuant to § 5-149.2 of Title 70 of the Oklahoma Statutes to authorize the carrying of a handgun onto school property by school personnel specifically designated by the board of education, provided such personnel either:
[1]
Possess a valid armed security guard license as provided for
in § 1750.1 et seq. of Title 59 of the Oklahoma Statutes;
or
[2]
Hold a valid reserve peace officer certification as provided
for in § 3311 of Title 70 of the Oklahoma Statutes.
(b)
Nothing in this subsection shall be construed to restrict authority
granted elsewhere in law to carry firearms.
(5)
Any person violating the provisions of Subsection
B(1)(b) or
(c) of this section shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed $250. A person violating any other provision of Subsection
B(1) of this section may be 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 not to exceed $250.
(6)
Carrying on certain property.
(a)
No person in possession of a valid handgun license issued pursuant
to the provisions of the Oklahoma Self-Defense Act or who is carrying or in possession of a handgun as otherwise
permitted by law shall be authorized to carry the firearm 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 to be college, university
or technology center school property:
[1]
Any property set aside for the use or parking of any vehicle,
whether attended or unattended, provided the firearm is carried or
stored as required by law and the firearm is not removed from the
vehicle without the prior consent of the college or university president
or technology center school administrator while the vehicle is on
any college, university or technology center school property;
[2]
Any property authorized for possession or use of firearms by
college, university or technology center school policy; 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 firearm and the valid
handgun license while on college, university or technology center
school property.
(b)
The college, university or technology center school may notify
the Oklahoma State Bureau of Investigation within 10 days of a violation
of any provision of this subsection by a licensee. Upon receipt of
a written notification of violation, the Bureau shall give a reasonable
notice to the licensee and hold a hearing. At the hearing, upon a
determination that the licensee has violated any provision of this
subsection, the licensee may be subject to an administrative fine
of $250 and may have the handgun license suspended for three months.
(c)
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 from possession of a firearm in places described in Subsection
B(6)(a)[1],
[2] and
[3] of this section. Nothing contained in any provision of this subsection shall be construed to limit the authority of any college, university or technology center school in this state from taking administrative action against any student for any violation of any provision of this subsection.
(7)
The provisions of this section shall not apply to the following:
(a)
Any peace officer or any person authorized by law to carry a
firearm in the course of employment;
(b)
District judges, associate district judges and special district
judges, who are in possession of a valid handgun license 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;
(c)
Private investigators with a firearms authorization when acting
in the course and scope of employment;
(d)
Elected officials of a county, who are in possession of a valid
handgun license issued pursuant to the provisions of the Oklahoma
Self-Defense Act, may carry a concealed handgun when acting in the
performance of their duties within the courthouses of the county in
which he or she was elected. The provisions of this subsection shall
not allow the elected county official to carry the handgun into a
courtroom;
(e)
The sheriff of any county may authorize certain employees of the county, who possess a valid handgun license issued pursuant to 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 courthouse. The provisions of this subsection and of Subsection
B(7)(f) of this section 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
(f)
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 Oklahoma Self-Defense Act,
to carry a concealed handgun when acting in the course and scope of
employment on county annex facilities or grounds surrounding the county
courthouse.
(8)
For the purposes of this section, "motor vehicle" means any
automobile, truck, minivan or sports utility vehicle.
(a)
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 any other dangerous or deadly firearm; provided,
that nothing in this subsection applies to prohibit the transport
or detention of the person by law 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 $250.
C. Conditions under which firearms may be carried.
(1)
A person shall be permitted to carry loaded and unloaded shotguns,
rifles and pistols without a handgun license as authorized by the
Oklahoma Self-Defense Act pursuant to the following conditions:
(a)
When hunting animals or fowl;
(b)
During competition in or practicing in a safety or hunter safety
class, target shooting, skeet, trap or other recognized sporting events;
(c)
During participation in or in preparation for a military function
of the state military forces to be defined as the Oklahoma Army or
Air National Guard, federal military reserve and active military forces.
It is further provided that Oklahoma Army or Air National Guard personnel
with proper authorization and performing a military function may carry
loaded or unloaded and concealed weapons on Oklahoma Military Department
facilities in accordance with rules promulgated by the Adjutant General;
(d)
During participation in or in preparation for a recognized police
function of either a municipal, county or state government as functioning
police officials;
(e)
During a practice for or a performance for entertainment purposes;
(f)
As provided for in Subsection
A of Title 21, § 1272; or
(g)
For lawful self-defense and self-protection or any other legitimate
purpose not in violation of any legislative enactment regarding the
use, carrying, ownership and control of firearms.
(2)
A person shall be permitted to carry unloaded shotguns, rifles
and pistols without a handgun license as authorized by the Oklahoma
Self-Defense Act and when going to or from the person's private residence
or vehicle.
(3)
The provisions of this section shall not be construed to prohibit
educational or recreational activities, exhibitions, displays or shows
involving the use or display of rifles, shotguns or pistols or other
weapons if the activity is approved by the property owner and sponsor
of the activity.
D. Firearms in vehicles.
(1)
Any person who is not otherwise prohibited by law from possessing
a firearm may transport in a motor vehicle a pistol or handgun, loaded
or unloaded, at any time.
(2)
Any person who is not otherwise prohibited by law from possessing
a firearm may transport in a motor vehicle a rifle or shotgun open
or concealed, provided the rifle or shotgun is transported pursuant
to the requirements of § 1289.13 of this title.
(3)
Any person who is the operator of a motor vehicle or is a passenger
in any motor vehicle wherein another person who is licensed pursuant
to the Oklahoma Self-Defense Act or is otherwise permitted by law to carry a handgun, concealed
or unconcealed, and is carrying a handgun or has the handgun in such
vehicle, shall not be deemed in violation of the provisions of this
section, provided the licensee or person permitted by law is in or
near the motor vehicle.
(4)
It shall be unlawful for any person transporting a firearm in
a motor vehicle to fail or refuse to identify that the person is in
actual possession of a firearm when asked to do so by a law enforcement
officer of this state during any arrest, detainment or routine traffic
stop. Any person who violates the provisions of this subsection may
be issued a citation for an amount not to exceed $100.
E. Transporting a loaded firearm.
(1)
Except as otherwise provided by law, it shall be unlawful to
transport a loaded rifle or shotgun in a landborne motor vehicle over
a public highway or roadway unless the rifle or shotgun is transported
clip- or magazine-loaded, not chamber-loaded, and in an exterior locked
compartment of the vehicle or trunk of the vehicle or in the interior
compartment of the vehicle.
(2)
Any person convicted of a violation of this section shall be
punished as provided in § 1289.15 of this title.
(3)
Any person who is the operator of a vehicle or is a passenger
in any vehicle wherein another person who is licensed pursuant to
the Oklahoma Self-Defense Act to carry a handgun, concealed or unconcealed, and has
a rifle 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.
F. Improper transportation of firearms.
(1)
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 Oklahoma 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 unconcealed in the vehicle, may be issued a traffic
citation in the amount of $70, plus court costs for transporting a
firearm improperly. In addition to the traffic citation provided in
this section, the person may also be arrested for any other violation
of law.
(2)
Any firearm lawfully carried or transported as permitted pursuant
to state law shall not be confiscated, unless:
(a)
The person is arrested for violating another provision of law other than a violation of Subsection
F(1) of this section; provided, however, if the person is never charged with an offense pursuant to this subsection or if the charges are dismissed or the person is acquitted, the weapon shall be returned to the person; or
(b)
The officer has probable cause to believe the weapon is:
[2]
A firearm used in the commission of a crime other than a violation of Subsection
F(1) of this section.
(3)
Nothing in this section shall be construed to require confiscation
of any firearm.
G. Possession of license required; notification to police of gun.
(1)
Except as otherwise prohibited by law, an eligible person shall
have authority to carry a concealed or unconcealed handgun when:
(a)
The person has been issued a handgun license from the Oklahoma
State Bureau of Investigation pursuant to the provisions of the Oklahoma
Self-Defense Act, provided the person is in compliance with the provisions
of the Oklahoma Self-Defense Act, and the license has not expired
or been subsequently suspended or revoked; or
(b)
The person is 21 years of age or older, and is either active
military, or a member of the Reserve or National Guard to include
Drill Status Guard and Reserve, Active Guard Reserves or Military
Technicians, and presents a valid military identification card that
shall be considered a valid handgun license issued pursuant to the
Oklahoma Self-Defense Act.
(2)
A person in possession of a valid handgun license or who meets
the criteria and presents a valid military identification card 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.
(3)
The person shall be required to have possession of his or her
valid handgun license or valid military identification card as provided
for qualified persons in this section and a valid Oklahoma driver
license or an Oklahoma State photo identification at all times when
in possession of an authorized pistol. The person shall display the
handgun license or a valid military identification card as provided
for qualified persons in this section on demand of a law enforcement
officer; provided, however, that in the absence of reasonable and
articulable suspicion of other criminal activity, an individual carrying
an unconcealed or concealed handgun shall not be disarmed or physically
restrained unless the individual fails to display a valid handgun
license or a valid military identification card as provided for qualified
persons in this section in response to that demand. Any violation
of the provisions of this subsection may be punishable as a criminal
offense as authorized by applicable provision of law.
(a)
Upon the arrest of any person for a violation of the provisions
of this subsection, the person may show proof to the court that a
valid handgun license and the other required identification has been
issued to such person and the person may state any reason why the
handgun license, 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 upon payment of
court costs, if proof of a valid handgun license and other required
identification is shown to the court within 10 days of the arrest
of the person. The court shall report a dismissal of a charge to the
Bureau for consideration of administrative proceedings against the
licensee.
(4)
It shall be unlawful for any person to fail or refuse to identify
the fact that the person is in actual possession of a concealed or
unconcealed firearm pursuant to the authority of the Oklahoma Self-Defense
Act during the course of any arrest, detainment, or routine traffic
stop. Said identification to the law enforcement officer shall be
required upon the demand of the law enforcement officer. No person
shall be required to identify himself or herself as a handgun licensee
or as lawfully in possession of any other firearm if the law enforcement
officer does not demand the information. No person shall be required
to identify himself or herself as a handgun licensee when no handgun
is in the possession of the person or in any vehicle in which the
person is driving or is a passenger. Any violation of the provisions
of this subsection may be issued a citation for an amount not exceeding
$100.
(5)
Any law enforcement officer coming in contact with a person
whose handgun license is suspended, revoked, or expired, or who is
in possession of a handgun license which has not been lawfully issued
to that person, shall confiscate the license and return it to the
Oklahoma State Bureau of Investigation for appropriate administrative
proceedings against the licensee when the license is no longer needed
as evidence in any criminal proceeding.
(6)
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.
H. Business owner's rights.
(1)
Except as provided in Subsection
H(2),
(3) and
(4) of this section, nothing contained in any provision of the Oklahoma Self-Defense Act shall 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.
(2)
No person, property owner, tenant, employer, holder of an 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 storing firearms
in a locked vehicle on any property set aside for any vehicle.
(3)
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 shall post signs on or about the property stating
such prohibition.
(4)
No person, property owner, tenant, employer, holder of an 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 from carrying a concealed or unconcealed firearm on property within the specific exclusion provided for in Paragraph 4 of Subsection
B of Title 21, § 1277, provided that carrying a concealed or unconcealed firearm may be prohibited in the following places:
(a)
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;
(b)
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;
(c)
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.
(5)
The otherwise lawful carrying of a concealed or unconcealed
firearm by a person 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
not to exceed $250.
(6)
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 his or her 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 pursuant to Subsection
H(4) of this section shall be 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. The provisions of this subsection shall not apply to claims pursuant to the Administrative Workers' Compensation Act.
(7)
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 this section.
(8)
Nothing in Subsection
H(6) and
(7) of this section shall prevent an employer, employee or person who has suffered loss resulting from the discharge of a weapon to seek redress or damages of the person who discharged the weapon or used the weapon outside the provisions of the Oklahoma Self-Defense Act.
[Amended 1-4-1994 by Ord. No. 2750]
A. It shall be unlawful for any person to discharge a
firearm in the City limits except when doing so in the line of duty,
when lawfully doing so in defense of oneself, of another person or
of property, or when otherwise authorized by law or ordinance.
B. It shall be unlawful to discharge an air rifle, air
pistol or BB gun in the City limits.
C. The discharge of firearms within the City limits shall
be allowable when the firearm does not discharge a projectile which
is capable of causing death or inflicting bodily harm and is used
during outdoor funerals, historical reenactments and community events.
D. Any person or group wishing to discharge a firearm
which does not discharge a projectile which is capable of causing
death or inflicting bodily harm shall apply for a permit from the
City Clerk of the City of El Reno. The requirement of such permit
shall not apply to the discharge of such firearms at outdoor funerals.
E. There shall be no charge for the permit.
F. This section shall have no effect in agricultural districts of the City located at least 1/2 mile from any residential, manufacturing or commercial district, as established by Chapter
361, Zoning.
It shall be unlawful for any person to throw
or shoot any stone, shot or other object into or across any street
or alley, or in any place where he is likely to hit another person
or to injure property, or to throw or shoot any stone, shot or other
object at any person, vehicle, structure, electric light or other
property of another, whether public or private, except in case where
such is done in defense of oneself, of another person or of property.