City of El Reno, OK Weapons

[Amended 5-5-1992 by Ord. No. 2671; 12-10-2019 by Ord. No. 9218]

Unlawful carry.

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;[1]

[1]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.

(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[2] or a domestic abuse protection order issued by another state; or

[2]

Editor's Note: See 22 Okl.St.Ann. § 60 et seq.

(f)

A violation relating to illegal drug use or possession under the provisions of the Uniform Controlled Dangerous Substances Act.[3]

[3]

Editor's Note: See 63 Okl.St.Ann. § 2-101 et seq.

(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).

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,[4] 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.

[4]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.

(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.[5]

[5]

Editor's Note: See 85A Okl.St.Ann. § 1 et seq.

(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[6] 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.

[6]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.

(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.

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[7] 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.

[7]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.

(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.

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[8] 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.

[8]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.

(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.

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[9] 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.

[9]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.

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:

[1]

Contraband; or

[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.

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,[10] 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

[10]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.

(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.

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[11] 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.

[11]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.

(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.[12]

[12]

Editor's Note: See 85A Okl.St.Ann. § 1 et seq.

(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.[13]

[13]

Editor's Note: See 21 Okl.St.Ann. § 1290.1 et seq.