Bill Text For HB2336 - Engrossed Amendments

 1|ENGROSSED SENATE AMENDMENT                                             |
  |          TO                                                           |
 2|ENGROSSED HOUSE                                                        |
  |BILL NO. 2336                        By: Roberts (Sean) of the House   |
 3|                                                                       |
  |                                                                       |
 4|                                         and                           |
  |                                                                       |
 5|                                         Bullard of the Senate         |
  |                                                                       |
 6|                                                                       |
  |                                                                       |
 7|                                                                       |
  |       An Act relating to firearms; amending 21 O.S. 2011,             |
 8|       Section 1277, as last amended by Section 2 of                   |
  |       Enrolled House Bill No. 2597 of the 1st Session of              |
 9|       the 57th Oklahoma Legislature, which relates to the             |
  |       unlawful carrying of firearms on certain property;              |
10|       updating statutory reference; authorizing handgun               |
  |       licensees to carry on school property under certain             |
11|       circumstances; amending 21 O.S. 2011, Section 1280.1,           |
  |       as last amended by Section 2, Chapter 310, O.S.L.               |
12|       2015 (21 O.S. Supp. 2018, Section 1280.1), which                |
  |       relates to the possession of firearms on school                 |
13|       property; updating statutory reference; authorizing             |
  |       handgun licensees to carry on school property under             |
14|       certain circumstances; amending Section 3, Chapter              |
  |       310, O.S.L. 2015 (70 O.S. Supp. 2018, Section                   |
15|       5-149.2), which relates to the authorization of                 |
  |       certain persons to carry handguns on school property;           |
16|       authorizing school boards to adopt policies related             |
  |       to the carrying of handguns on school property;                 |
17|       stating qualifications for designated personnel;                |
  |       authorizing boards of education to designate school             |
18|       personnel to attend certain training programs;                  |
  |       clarifying immunity from liability provision; and               |
19|       providing an effective date.                                    |
  |                                                                       |
20|                                                                       |
  |AUTHOR:  Add the following House Coauthor:  Luttrell                   |
21|                                                                       |
  |AMENDMENT NO. 1.  Page 1, strike the title, enacting clause and        |
22|                  entire bill and insert                               |
  |                                                                       |
23|                                                                       |
  |       An Act relating to firearms; amending 21 O.S. 2011,             |
24|       Section 1277, as last amended by Section 1, Chapter             |
  |       235, O.S.L. 2019 (21 O.S. Supp. 2019, Section 1277),            |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 1
___________________________________________________________________________

 1|       which relates to the unlawful carrying of firearms on           |
  |       certain property; updating statutory reference;                 |
 2|       authorizing handgun licensees to carry on school                |
  |       property under certain circumstances; amending 21               |
 3|       O.S. 2011, Section 1280.1, as last amended by Section           |
  |       2, Chapter 310, O.S.L. 2015 (21 O.S. Supp. 2019,                |
 4|       Section 1280.1), which relates to the possession of             |
  |       firearms on school property; updating statutory                 |
 5|       reference; authorizing handgun licensees to carry on            |
  |       school property under certain circumstances; amending           |
 6|       Section 3, Chapter 310, O.S.L. 2015 (70 O.S. Supp.              |
  |       2019, Section 5-149.2), which relates to the                    |
 7|       authorization of certain persons to carry handguns on           |
  |       school property; authorizing school boards to adopt             |
 8|       policies related to the carrying of handguns on                 |
  |       school property; stating qualifications for                     |
 9|       designated personnel; authorizing boards of education           |
  |       to designate school personnel to attend certain                 |
10|       training programs; clarifying immunity from liability           |
  |       provision; updating statutory language; and providing           |
11|       an effective date.                                              |
  |                                                                       |
12|                                                                       |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
  |                                                                       |
15|    SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1277, as       |
  |                                                                       |
16|last amended by Section 1, Chapter 235, O.S.L. 2019 (21 O.S. Supp.     |
  |                                                                       |
17|2019, Section 1277), is amended to read as follows:                    |
  |                                                                       |
18|    Section 1277.                                                      |
  |                                                                       |
19|                  UNLAWFUL CARRY IN CERTAIN PLACES                     |
  |                                                                       |
20|    A.  It shall be unlawful for any person, including a person in     |
  |                                                                       |
21|possession of a valid handgun license issued pursuant to the           |
  |                                                                       |
22|provisions of the Oklahoma Self-Defense Act, to carry any concealed    |
  |                                                                       |
23|or unconcealed handgun into any of the following places:               |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 2
___________________________________________________________________________

 1|    1.  Any structure, building, or office space which is owned or     |
  |                                                                       |
 2|leased by a city, town, county, state or federal governmental          |
  |                                                                       |
 3|authority for the purpose of conducting business with the public;      |
  |                                                                       |
 4|    2.  Any courthouse, courtroom, prison, jail, detention facility    |
  |                                                                       |
 5|or any facility used to process, hold or house arrested persons,       |
  |                                                                       |
 6|prisoners or persons alleged delinquent or adjudicated delinquent,     |
  |                                                                       |
 7|except as provided in Section 21 of Title 57 of the Oklahoma           |
  |                                                                       |
 8|Statutes;                                                              |
  |                                                                       |
 9|    3.  Any public or private elementary or public or private          |
  |                                                                       |
10|secondary school, except as provided in subsections C and D of this    |
  |                                                                       |
11|section;                                                               |
  |                                                                       |
12|    4.  Any publicly owned or operated sports arena or venue during    |
  |                                                                       |
13|a professional sporting event, unless allowed by the event holder;     |
  |                                                                       |
14|    5.  Any place where gambling is authorized by law, unless          |
  |                                                                       |
15|allowed by the property owner; and                                     |
  |                                                                       |
16|    6.  Any other place specifically prohibited by law.                |
  |                                                                       |
17|    B.  For purposes of subsection A of this section, the prohibited   |
  |                                                                       |
18|place does not include and specifically excludes the following         |
  |                                                                       |
19|property:                                                              |
  |                                                                       |
20|    1.  Any property set aside for the use or parking of any           |
  |                                                                       |
21|vehicle, whether attended or unattended, by a city, town, county,      |
  |                                                                       |
22|state or federal governmental authority;                               |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 3
___________________________________________________________________________

 1|    2.  Any property set aside for the use or parking of any           |
  |                                                                       |
 2|vehicle, whether attended or unattended, which is open to the          |
  |                                                                       |
 3|public, or by any entity engaged in gambling authorized by law;        |
  |                                                                       |
 4|    3.  Any property adjacent to a structure, building or office       |
  |                                                                       |
 5|space in which concealed or unconcealed weapons are prohibited by      |
  |                                                                       |
 6|the provisions of this section;                                        |
  |                                                                       |
 7|    4.  Any property designated by a city, town, county or state       |
  |                                                                       |
 8|governmental authority as a park, recreational area, wildlife          |
  |                                                                       |
 9|refuge, wildlife management area or fairgrounds; provided, nothing     |
  |                                                                       |
10|in this paragraph shall be construed to authorize any entry by a       |
  |                                                                       |
11|person in possession of a concealed or unconcealed firearm into any    |
  |                                                                       |
12|structure, building or office space which is specifically prohibited   |
  |                                                                       |
13|by the provisions of subsection A of this section; and                 |
  |                                                                       |
14|    5.  Any property set aside by a public or private elementary or    |
  |                                                                       |
15|secondary school for the use or parking of any vehicle, whether        |
  |                                                                       |
16|attended or unattended; provided, however, the firearm shall be        |
  |                                                                       |
17|stored and hidden from view in a locked motor vehicle when the motor   |
  |                                                                       |
18|vehicle is left unattended on school property.                         |
  |                                                                       |
19|    Nothing contained in any provision of this subsection or           |
  |                                                                       |
20|subsection C of this section shall be construed to authorize or        |
  |                                                                       |
21|allow any person in control of any place described in subsection A     |
  |                                                                       |
22|of this section to establish any policy or rule that has the effect    |
  |                                                                       |
23|of prohibiting any person in lawful possession of a handgun license    |
  |                                                                       |
24|or otherwise in lawful possession of a firearm from carrying or        |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 4
___________________________________________________________________________

 1|possessing the firearm on the property described in this subsection.   |
  |                                                                       |
 2|    C.  A concealed or unconcealed weapon may be carried onto          |
  |                                                                       |
 3|private school property or in any school bus or vehicle used by any    |
  |                                                                       |
 4|private school for transportation of students or teachers by a         |
  |                                                                       |
 5|person who is licensed pursuant to the Oklahoma Self-Defense Act,      |
  |                                                                       |
 6|provided a policy has been adopted by the governing entity of the      |
  |                                                                       |
 7|private school that authorizes the carrying and possession of a        |
  |                                                                       |
 8|weapon on private school property or in any school bus or vehicle      |
  |                                                                       |
 9|used by a private school.  Except for acts of gross negligence or      |
  |                                                                       |
10|willful or wanton misconduct, a governing entity of a private school   |
  |                                                                       |
11|that adopts a policy which authorizes the possession of a weapon on    |
  |                                                                       |
12|private school property, a school bus or vehicle used by the private   |
  |                                                                       |
13|school shall be immune from liability for any injuries arising from    |
  |                                                                       |
14|the adoption of the policy.  The provisions of this subsection shall   |
  |                                                                       |
15|not apply to claims pursuant to the Administrative Workers'            |
  |                                                                       |
16|Compensation Act.                                                      |
  |                                                                       |
17|    D.  Notwithstanding paragraph 3 of subsection A of this section,   |
  |                                                                       |
18|a board of education of a school district may adopt a policy           |
  |                                                                       |
19|pursuant to Section 5-149.2 of Title 70 of the Oklahoma Statutes to    |
  |                                                                       |
20|authorize the carrying of a handgun onto school property by school     |
  |                                                                       |
21|personnel specifically designated by the board of education,           |
  |                                                                       |
22|provided such personnel either:                                        |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 5
___________________________________________________________________________

 1|    1.  Possess a valid armed security guard license as provided for   |
  |                                                                       |
 2|in Section 1750.1 et seq. of Title 59 of the Oklahoma Statutes the     |
  |                                                                       |
 3|Oklahoma Security Guard and Private Investigator Act; or               |
  |                                                                       |
 4|    2.  Hold a valid reserve peace officer certification as provided   |
  |                                                                       |
 5|for in Section 3311 of Title 70 of the Oklahoma Statutes; or           |
  |                                                                       |
 6|    3.  Possess a valid handgun license issued pursuant to the         |
  |                                                                       |
 7|provisions of the Oklahoma Self-Defense Act and has demonstrated       |
  |                                                                       |
 8|proficiency in handgun training and campus-specific active shooter     |
  |                                                                       |
 9|training as determined by the appropriate law enforcement agency       |
  |                                                                       |
10|having jurisdiction in that school district.  The local law            |
  |                                                                       |
11|enforcement agency having jurisdiction in a school district shall      |
  |                                                                       |
12|require annual training for staff authorized to carry pursuant to      |
  |                                                                       |
13|this paragraph.                                                        |
  |                                                                       |
14|Nothing in this subsection shall be construed to restrict authority    |
  |                                                                       |
15|granted elsewhere in law to carry firearms.                            |
  |                                                                       |
16|    E.  In any municipal zoo or park of any size that is owned,        |
  |                                                                       |
17|leased, operated or managed by:                                        |
  |                                                                       |
18|    1.  A public trust created pursuant to the provisions of Section   |
  |                                                                       |
19|176 of Title 60 of the Oklahoma Statutes; or                           |
  |                                                                       |
20|    2.  A nonprofit entity,                                            |
  |                                                                       |
21|an individual shall be allowed to carry a concealed handgun but not    |
  |                                                                       |
22|openly carry a handgun on the property.                                |
  |                                                                       |
23|    F.  Any person violating the provisions of paragraph 2 or 3 of     |
  |                                                                       |
24|subsection A of this section shall, upon conviction, be guilty of a    |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 6
___________________________________________________________________________

 1|misdemeanor punishable by a fine not to exceed Two Hundred Fifty       |
  |                                                                       |
 2|Dollars ($250.00).  A person violating any other provision of          |
  |                                                                       |
 3|subsection A of this section may be denied entrance onto the           |
  |                                                                       |
 4|property or removed from the property.  If the person refuses to       |
  |                                                                       |
 5|leave the property and a peace officer is summoned, the person may     |
  |                                                                       |
 6|be issued a citation for an amount not to exceed Two Hundred Fifty     |
  |                                                                       |
 7|Dollars ($250.00).                                                     |
  |                                                                       |
 8|    G.  No person in possession of a valid handgun license issued      |
  |                                                                       |
 9|pursuant to the provisions of the Oklahoma Self-Defense Act or who     |
  |                                                                       |
10|is carrying or in possession of a firearm as otherwise permitted by    |
  |                                                                       |
11|law or who is carrying or in possession of a machete, blackjack,       |
  |                                                                       |
12|loaded cane, hand chain or metal knuckles shall be authorized to       |
  |                                                                       |
13|carry the firearm, machete, blackjack, loaded cane, hand chain or      |
  |                                                                       |
14|metal knuckles into or upon any college, university or technology      |
  |                                                                       |
15|center school property, except as provided in this subsection.  For    |
  |                                                                       |
16|purposes of this subsection, the following property shall not be       |
  |                                                                       |
17|construed to be college, university or technology center school        |
  |                                                                       |
18|property:                                                              |
  |                                                                       |
19|    1.  Any property set aside for the use or parking of any motor     |
  |                                                                       |
20|vehicle, whether attended or unattended, provided the firearm,         |
  |                                                                       |
21|machete, blackjack, loaded cane, hand chain or metal knuckles are      |
  |                                                                       |
22|carried or stored as required by law and the firearm, machete,         |
  |                                                                       |
23|blackjack, loaded cane, hand chain or metal knuckles are not removed   |
  |                                                                       |
24|from the motor vehicle without the prior consent of the college or     |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 7
___________________________________________________________________________

 1|university president or technology center school administrator while   |
  |                                                                       |
 2|the vehicle is on any college, university or technology center         |
  |                                                                       |
 3|school property;                                                       |
  |                                                                       |
 4|    2.  Any property authorized for possession or use of firearms,     |
  |                                                                       |
 5|machetes, blackjacks, loaded canes, hand chains or metal knuckles by   |
  |                                                                       |
 6|college, university or technology center school policy; and            |
  |                                                                       |
 7|    3.  Any property authorized by the written consent of the          |
  |                                                                       |
 8|college or university president or technology center school            |
  |                                                                       |
 9|administrator, provided the written consent is carried with the        |
  |                                                                       |
10|firearm, machete, blackjack, loaded cane, hand chain or metal          |
  |                                                                       |
11|knuckles and the valid handgun license while on college, university    |
  |                                                                       |
12|or technology center school property.                                  |
  |                                                                       |
13|    The college, university or technology center school may notify     |
  |                                                                       |
14|the Oklahoma State Bureau of Investigation within ten (10) days of a   |
  |                                                                       |
15|violation of any provision of this subsection by a licensee.  Upon     |
  |                                                                       |
16|receipt of a written notification of violation, the Bureau shall       |
  |                                                                       |
17|give a reasonable notice to the licensee and hold a hearing.  At the   |
  |                                                                       |
18|hearing, upon a determination that the licensee has violated any       |
  |                                                                       |
19|provision of this subsection, the licensee may be subject to an        |
  |                                                                       |
20|administrative fine of Two Hundred Fifty Dollars ($250.00) and may     |
  |                                                                       |
21|have the handgun license suspended for three (3) months.               |
  |                                                                       |
22|    Nothing contained in any provision of this subsection shall be     |
  |                                                                       |
23|construed to authorize or allow any college, university or             |
  |                                                                       |
24|technology center school to establish any policy or rule that has      |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 8
___________________________________________________________________________

 1|the effect of prohibiting any person in lawful possession of a         |
  |                                                                       |
 2|handgun license or any person in lawful possession of a firearm,       |
  |                                                                       |
 3|machete, blackjack, loaded cane, hand chain or metal knuckles from     |
  |                                                                       |
 4|possession of a firearm, machete, blackjack, loaded cane, hand chain   |
  |                                                                       |
 5|or metal knuckles in places described in paragraphs 1, 2 and 3 of      |
  |                                                                       |
 6|this subsection.  Nothing contained in any provision of this           |
  |                                                                       |
 7|subsection shall be construed to limit the authority of any college,   |
  |                                                                       |
 8|university or technology center school in this state from taking       |
  |                                                                       |
 9|administrative action against any student for any violation of any     |
  |                                                                       |
10|provision of this subsection.                                          |
  |                                                                       |
11|    H.  The provisions of this section shall not apply to the          |
  |                                                                       |
12|following:                                                             |
  |                                                                       |
13|    1.  Any peace officer or any person authorized by law to carry a   |
  |                                                                       |
14|firearm in the course of employment;                                   |
  |                                                                       |
15|    2.  District judges, associate district judges and special         |
  |                                                                       |
16|district judges, who are in possession of a valid handgun license      |
  |                                                                       |
17|issued pursuant to the provisions of the Oklahoma Self-Defense Act     |
  |                                                                       |
18|and whose names appear on a list maintained by the Administrative      |
  |                                                                       |
19|Director of the Courts, when acting in the course and scope of         |
  |                                                                       |
20|employment within the courthouses of this state;                       |
  |                                                                       |
21|    3.  Private investigators with a firearms authorization when       |
  |                                                                       |
22|acting in the course and scope of employment;                          |
  |                                                                       |
23|    4.  Elected officials of a county, who are in possession of a      |
  |                                                                       |
24|valid handgun license issued pursuant to the provisions of the         |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 9
___________________________________________________________________________

 1|Oklahoma Self-Defense Act, may carry a concealed handgun when acting   |
  |                                                                       |
 2|in the performance of their duties within the courthouses of the       |
  |                                                                       |
 3|county in which he or she was elected.  The provisions of this         |
  |                                                                       |
 4|paragraph shall not allow the elected county official to carry the     |
  |                                                                       |
 5|handgun into a courtroom;                                              |
  |                                                                       |
 6|    5.  The sheriff of any county may authorize certain employees of   |
  |                                                                       |
 7|the county, who possess a valid handgun license issued pursuant to     |
  |                                                                       |
 8|the provisions of the Oklahoma Self-Defense Act, to carry a            |
  |                                                                       |
 9|concealed handgun when acting in the course and scope of employment    |
  |                                                                       |
10|within the courthouses in the county in which the person is            |
  |                                                                       |
11|employed.  Nothing in the Oklahoma Self-Defense Act shall prohibit     |
  |                                                                       |
12|the sheriff from requiring additional instruction or training before   |
  |                                                                       |
13|receiving authorization to carry a concealed handgun within the        |
  |                                                                       |
14|courthouse.  The provisions of this paragraph and of paragraph 6 of    |
  |                                                                       |
15|this subsection shall not allow the county employee to carry the       |
  |                                                                       |
16|handgun into a courtroom, sheriff's office, adult or juvenile jail     |
  |                                                                       |
17|or any other prisoner detention area; and                              |
  |                                                                       |
18|    6.  The board of county commissioners of any county may            |
  |                                                                       |
19|authorize certain employees of the county, who possess a valid         |
  |                                                                       |
20|handgun license issued pursuant to the provisions of the Oklahoma      |
  |                                                                       |
21|Self-Defense Act, to carry a concealed handgun when acting in the      |
  |                                                                       |
22|course and scope of employment on county annex facilities or grounds   |
  |                                                                       |
23|surrounding the county courthouse.                                     |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 10
___________________________________________________________________________

 1|    I.  For the purposes of this section, "motor vehicle" means any    |
  |                                                                       |
 2|automobile, truck, minivan, sports utility vehicle or motorcycle as    |
  |                                                                       |
 3|defined in Section 1-135 of Title 47 of the Oklahoma Statutes,         |
  |                                                                       |
 4|equipped with a locked accessory container within or affixed to the    |
  |                                                                       |
 5|motorcycle.                                                            |
  |                                                                       |
 6|    SECTION 2.     AMENDATORY     21 O.S. 2011, Section 1280.1, as     |
  |                                                                       |
 7|last amended by Section 2, Chapter 310, O.S.L. 2015 (21 O.S. Supp.     |
  |                                                                       |
 8|2019, Section 1280.1), is amended to read as follows:                  |
  |                                                                       |
 9|    Section 1280.1                                                     |
  |                                                                       |
10|              POSSESSION OF FIREARM ON SCHOOL PROPERTY                 |
  |                                                                       |
11|    A.  It shall be unlawful for any person to have in his or her      |
  |                                                                       |
12|possession on any public or private school property or while in any    |
  |                                                                       |
13|school bus or vehicle used by any school for transportation of         |
  |                                                                       |
14|students or teachers any firearm or weapon designated in Section       |
  |                                                                       |
15|1272 of this title, except as provided in subsection C of this         |
  |                                                                       |
16|section or as otherwise authorized by law.                             |
  |                                                                       |
17|    B.  For purposes of this section:                                  |
  |                                                                       |
18|    1.  "School property" means any publicly owned property held for   |
  |                                                                       |
19|purposes of elementary, secondary or vocational-technical education,   |
  |                                                                       |
20|and shall not include property owned by public school districts or     |
  |                                                                       |
21|where such property is leased or rented to an individual or            |
  |                                                                       |
22|corporation and used for purposes other than educational;              |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 11
___________________________________________________________________________

 1|    2.  "Private school" means a school that offers a course of        |
  |                                                                       |
 2|instruction for students in one or more grades from prekindergarten    |
  |                                                                       |
 3|through grade twelve and is not operated by a governmental entity;     |
  |                                                                       |
 4|and                                                                    |
  |                                                                       |
 5|    3.  "Motor vehicle" means any automobile, truck, minivan or        |
  |                                                                       |
 6|sports utility vehicle.                                                |
  |                                                                       |
 7|    C.  Firearms and weapons are allowed on school property and        |
  |                                                                       |
 8|deemed not in violation of subsection A of this section as follows:    |
  |                                                                       |
 9|    1.  A gun or knife designed for hunting or fishing purposes kept   |
  |                                                                       |
10|in a privately owned vehicle and properly displayed or stored as       |
  |                                                                       |
11|required by law, provided such vehicle containing said the gun or      |
  |                                                                       |
12|knife is driven onto school property only to transport a student to    |
  |                                                                       |
13|and from school and such vehicle does not remain unattended on         |
  |                                                                       |
14|school property;                                                       |
  |                                                                       |
15|    2.  A gun or knife used for the purposes of participating in the   |
  |                                                                       |
16|Oklahoma Department of Wildlife Conservation certified hunter          |
  |                                                                       |
17|training education course or any other hunting, fishing, safety or     |
  |                                                                       |
18|firearms training courses, or a recognized firearms sports event,      |
  |                                                                       |
19|team shooting program or competition, or living history reenactment,   |
  |                                                                       |
20|provided the course or event is approved by the principal or chief     |
  |                                                                       |
21|administrator of the school where the course or event is offered,      |
  |                                                                       |
22|and provided the weapon is properly displayed or stored as required    |
  |                                                                       |
23|by law pending participation in the course, event, program or          |
  |                                                                       |
24|competition;                                                           |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 12
___________________________________________________________________________

 1|    3.  Weapons in the possession of any peace officer or other        |
  |                                                                       |
 2|person authorized by law to possess a weapon in the performance of     |
  |                                                                       |
 3|his or her duties and responsibilities;                                |
  |                                                                       |
 4|    4.  A concealed or unconcealed weapon carried onto private         |
  |                                                                       |
 5|school property or in any school bus or vehicle used by any private    |
  |                                                                       |
 6|school for transportation of students or teachers by a person who is   |
  |                                                                       |
 7|licensed pursuant to the Oklahoma Self-Defense Act, provided a         |
  |                                                                       |
 8|policy has been adopted by the governing entity of the private         |
  |                                                                       |
 9|school that authorizes the possession of a weapon on private school    |
  |                                                                       |
10|property or in any school bus or vehicle used by a private school.     |
  |                                                                       |
11|Except for acts of gross negligence or willful or wanton misconduct,   |
  |                                                                       |
12|a governing entity of a private school that adopts a policy which      |
  |                                                                       |
13|authorizes the possession of a weapon on private school property, a    |
  |                                                                       |
14|school bus or vehicle used by the private school shall be immune       |
  |                                                                       |
15|from liability for any injuries arising from the adoption of the       |
  |                                                                       |
16|policy.  The provisions of this paragraph shall not apply to claims    |
  |                                                                       |
17|pursuant to the Workers' Compensation Code;                            |
  |                                                                       |
18|    5.  A gun, knife, bayonet or other weapon in the possession of a   |
  |                                                                       |
19|member of a veterans group, the national guard, active military, the   |
  |                                                                       |
20|Reserve Officers' Training Corps (ROTC) or Junior ROTC, in order to    |
  |                                                                       |
21|participate in a ceremony, assembly or educational program approved    |
  |                                                                       |
22|by the principal or chief administrator of a school or school          |
  |                                                                       |
23|district where the ceremony, assembly or educational program is        |
  |                                                                       |
24|being held; provided, however, the gun or other weapon that uses       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 13
___________________________________________________________________________

 1|projectiles is not loaded and is inoperable at all times while on      |
  |                                                                       |
 2|school property;                                                       |
  |                                                                       |
 3|    6.  A handgun carried in a motor vehicle pursuant to a valid       |
  |                                                                       |
 4|handgun license authorized by the Oklahoma Self-Defense Act onto       |
  |                                                                       |
 5|property set aside by a public or private elementary or secondary      |
  |                                                                       |
 6|school for the use or parking of any vehicle; provided, however,       |
  |                                                                       |
 7|said the handgun shall be stored and hidden from view in a locked      |
  |                                                                       |
 8|motor vehicle when the motor vehicle is left unattended on school      |
  |                                                                       |
 9|property; and                                                          |
  |                                                                       |
10|    7.  A handgun carried onto public school property by school        |
  |                                                                       |
11|personnel who have been designated by the board of education,          |
  |                                                                       |
12|provided such personnel either:                                        |
  |                                                                       |
13|         a.    possess a valid armed security guard license as         |
  |                                                                       |
14|              provided for in Section 1750.1 et seq. of Title 59 of    |
  |                                                                       |
15|              the Oklahoma Statutes the Oklahoma Security Guard and    |
  |                                                                       |
16|              Private Investigator Act, or                             |
  |                                                                       |
17|         b.    hold a valid reserve peace officer certification as     |
  |                                                                       |
18|              provided for in Section 3311 of Title 70 of the          |
  |                                                                       |
19|              Oklahoma Statutes, or                                    |
  |                                                                       |
20|         c.    possess a valid handgun license issued pursuant to      |
  |                                                                       |
21|              the provisions of the Oklahoma Self-Defense Act and      |
  |                                                                       |
22|              has demonstrated proficiency in handgun training and     |
  |                                                                       |
23|              campus-specific active shooter training as determined    |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 14
___________________________________________________________________________

 1|              by the appropriate law enforcement agency having         |
  |                                                                       |
 2|              jurisdiction in that school district,                    |
  |                                                                       |
 3|if a policy has been adopted by the board of education of the school   |
  |                                                                       |
 4|district that authorizes the carrying of a handgun onto public         |
  |                                                                       |
 5|school property by such personnel.  Nothing in this subsection shall   |
  |                                                                       |
 6|be construed to restrict authority granted elsewhere in law to carry   |
  |                                                                       |
 7|firearms.  The local law enforcement agency having jurisdiction in a   |
  |                                                                       |
 8|school district shall require annual training for staff authorized     |
  |                                                                       |
 9|to carry pursuant to subparagraph c of this paragraph.                 |
  |                                                                       |
10|    D.  Any person violating the provisions of this section shall,     |
  |                                                                       |
11|upon conviction, be guilty of a misdemeanor punishable by a fine of    |
  |                                                                       |
12|not to exceed Two Hundred Fifty Dollars ($250.00).                     |
  |                                                                       |
13|    SECTION 3.     AMENDATORY     Section 3, Chapter 310, O.S.L.       |
  |                                                                       |
14|2015 (70 O.S. Supp. 2019, Section 5-149.2), is amended to read as      |
  |                                                                       |
15|follows:                                                               |
  |                                                                       |
16|    Section 5-149.2  A.  The board of education of a school district   |
  |                                                                       |
17|may, through a majority vote of the board, designate adopt a policy    |
  |                                                                       |
18|to authorize the carrying of a handgun onto school property by         |
  |                                                                       |
19|school personnel who have been issued a handgun license pursuant to    |
  |                                                                       |
20|the Oklahoma Self-Defense Act to attend an specifically designated     |
  |                                                                       |
21|by the board of education, provided such personnel either:             |
  |                                                                       |
22|    1.  Possess a valid armed security guard license as provided for   |
  |                                                                       |
23|in the Oklahoma Security Guard and Private Investigator Act;           |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 15
___________________________________________________________________________

 1|    2.  Hold a valid reserve peace officer certification as provided   |
  |                                                                       |
 2|for in Section 3311 of Title 70 of the Oklahoma Statutes; or           |
  |                                                                       |
 3|    3.  Possess a valid handgun license issued pursuant to the         |
  |                                                                       |
 4|provisions of the Oklahoma Self-Defense Act and has demonstrated       |
  |                                                                       |
 5|proficiency in handgun training and campus-specific active shooter     |
  |                                                                       |
 6|training as determined by the appropriate law enforcement agency       |
  |                                                                       |
 7|having jurisdiction in that school district.  The local law            |
  |                                                                       |
 8|enforcement agency having jurisdiction in a school district shall      |
  |                                                                       |
 9|require annual training for staff authorized to carry pursuant to      |
  |                                                                       |
10|this paragraph.                                                        |
  |                                                                       |
11|    B.  The board of education of a school district may, through a     |
  |                                                                       |
12|majority vote of the board, designate school personnel to attend an    |
  |                                                                       |
13|armed security guard training program, as provided for in Section      |
  |                                                                       |
14|1750.5 of Title 59 of the Oklahoma Statutes, or a reserve peace        |
  |                                                                       |
15|officer certification program, as provided for in Section 3311 of      |
  |                                                                       |
16|Title 70 of the Oklahoma Statutes, provided and developed by the       |
  |                                                                       |
17|Council on Law Enforcement Education and Training (CLEET).  Nothing    |
  |                                                                       |
18|in this section shall be construed to prohibit or limit the board of   |
  |                                                                       |
19|education of a school district from requiring ongoing education and    |
  |                                                                       |
20|training.                                                              |
  |                                                                       |
21|    B. C.  Participation in either the armed security guard training   |
  |                                                                       |
22|program or the reserve peace officer certification program shall be    |
  |                                                                       |
23|voluntary and shall not in any way be considered a requirement for     |
  |                                                                       |
24|continued employment with the school district.  The board of           |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 16
___________________________________________________________________________

 1|education of a school district shall have the final authority to       |
  |                                                                       |
 2|determine and designate the school personnel who will be authorized    |
  |                                                                       |
 3|to obtain and use an armed security guard license or, reserve peace    |
  |                                                                       |
 4|officer certification or handgun license in conjunction with their     |
  |                                                                       |
 5|his or her employment as school personnel.                             |
  |                                                                       |
 6|    C. D.  The board of education of a school district that            |
  |                                                                       |
 7|authorizes school personnel to participate in either the armed         |
  |                                                                       |
 8|security guard program or the reserve peace officer program may pay    |
  |                                                                       |
 9|all necessary training, meal and lodging expenses associated with      |
  |                                                                       |
10|the training.                                                          |
  |                                                                       |
11|    D. E.  When carrying a firearm pursuant to the provisions of       |
  |                                                                       |
12|this act, the person shall at all times carry the firearm on his or    |
  |                                                                       |
13|her person or the firearm shall be stored in a locked and secure       |
  |                                                                       |
14|location.                                                              |
  |                                                                       |
15|    E. F.  Any school personnel who have successfully completed        |
  |                                                                       |
16|either armed security guard training, reserve peace officer            |
  |                                                                       |
17|certification training or handgun license training and while acting    |
  |                                                                       |
18|in good faith shall be immune from civil and criminal liability for    |
  |                                                                       |
19|any injury resulting from the carrying of a handgun onto public        |
  |                                                                       |
20|school property as provided for in this act.  Any board of education   |
  |                                                                       |
21|of a school district or participating local law enforcement agency     |
  |                                                                       |
22|shall be immune from civil and criminal liability for any injury       |
  |                                                                       |
23|resulting from any act committed by school personnel who are           |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 17
___________________________________________________________________________

 1|designated to carry a concealed handgun on public school property      |
  |                                                                       |
 2|pursuant to the provisions of this act.                                |
  |                                                                       |
 3|    F. G.  In order to carry out the provisions of this section, the   |
  |                                                                       |
 4|board of education of a school district is authorized to enter into    |
  |                                                                       |
 5|a memorandum of understanding with local law enforcement entities.     |
  |                                                                       |
 6|SECTION 4.  This act shall become effective November 1, 2020.          |
  |                                                                       |
 7|    Passed the Senate the 12th day of February, 2020.                  |
  |                                                                       |
 8|                                                                       |
  |                                                                       |
 9|                                                                       |
  |                                    Presiding Officer of the Senate    |
10|                                                                       |
  |                                                                       |
11|    Passed the House of Representatives the ____ day of __________,    |
  |                                                                       |
12|2020.                                                                  |
  |                                                                       |
13|                                                                       |
  |                                                                       |
14|                                                                       |
  |                                     Presiding Officer of the House    |
15|                                                 of Representatives    |
  |                                                                       |
16|                                                                       |
  |                                                                       |
17|                                                                       |
  |                                                                       |
18|                                                                       |
  |                                                                       |
19|                                                                       |
  |                                                                       |
20|                                                                       |
  |                                                                       |
21|                                                                       |
  |                                                                       |
22|                                                                       |
  |                                                                       |
23|                                                                       |
  |                                                                       |
24|                                                                       |
  |                                                                       |
ENGR. S. A. TO ENGR. H. B. NO. 2336                                Page 18
© 2010-21 eCapitol, LLC. ALL RIGHTS RESERVED.

As provided by this agreement access to bill tracking / capitol news services is restricted to the registered User. The User shall have no right to divulge, publish, loan, give or sell any of the information provided under this agreement. Information retrieved from system may not be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language in any form by any means without the written permission of eCapitol, LLC. All other rights reserved. If a person uses a copyrighted work without permission of the rights holder, he or she is open to a charge of copyright infringement. Additional terms and conditions governing the access to and use of eCapitol website and the services and materials provided by eCapitol are set forth in the eCapitol Subscriber Agreement posted on the eCapitol website.