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ENGROSSED SENATE
BILL NO. 39 By: Daniels of the Senate
and
Strom of the House
An Act relating to firearms; amending 21 O.S. 2021,
Sections 1289.9, 1290.10, and 1290.11, which relate
to carrying weapons under the influence of alcohol
and the Oklahoma Self-Defense Act; modifying
inclusions; modifying elements of eligibility;
prohibiting certain denial; updating statutory
language and reference; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 1289.9, is
amended to read as follows:
Section 1289.9.
CARRYING WEAPONS UNDER INFLUENCE OF ALCOHOL
It shall be unlawful for any person to carry or use shotguns,
rifles, or pistols in any circumstances while under the influence of
beer, intoxicating liquors or, any hallucinogenic, or any unlawful
or unprescribed drug, and it shall be unlawful for any person to
carry or use shotguns, rifles, or pistols when under the influence
of any drug prescribed by a licensed physician or medical marijuana
obtained pursuant to a valid medical marijuana patient license if
the current effects or aftereffects of such consumption affect
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mental, emotional, or physical processes to a degree that would
result in abnormal behavior. Any person convicted of a violation of
the provisions of this section shall be punished as provided in
Section 1289.15 of this title.
Any person convicted of a violation of the provisions of this
section after having been issued a handgun license pursuant to the
provisions of the Oklahoma Self-Defense Act shall have the license
suspended for a term of six (6) months and shall be subject to an
administrative fine of Fifty Dollars ($50.00), upon a hearing and
determination by the Oklahoma State Bureau of Investigation that the
person is in violation of the provisions of this section.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1290.10, is
amended to read as follows:
Section 1290.10.
MANDATORY PRECLUSIONS
In addition to the requirements stated in Section 1290.9 of this
title, the conditions stated in this section shall preclude a person
from eligibility for a handgun license pursuant to the provisions of
the Oklahoma Self-Defense Act. The occurrence of any one of the
following conditions shall deny the person the right to have a
handgun license pursuant to the provisions of the Oklahoma Self-
Defense Act. Prohibited conditions are:
1. Ineligible Ineligibility to possess a pistol due to any
felony conviction or adjudication as a delinquent as provided by
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Section 1283 of this title, except as provided in subsection B of
Section 1283 of this title;
2. Any felony conviction pursuant to any law of another state,
a felony conviction pursuant to any provision of the United States
Code, or any conviction pursuant to the laws of any foreign country,
provided such foreign conviction would constitute a felony offense
in this state if the offense had been committed in this state,
except as provided in subsection B of Section 1283 of this title;
3. Adjudication as a mentally incompetent person pursuant to
the provisions of the Oklahoma Mental Health Law, or an adjudication
of incompetency entered in another state pursuant to any provision
of law of that state, unless the person has been granted relief from
the disqualifying disability pursuant to Section 1290.27 of this
title;
4. Any false or misleading statement on the application for a
handgun license as provided by paragraph 5 of subsection A of
Section 1290.12 of this title;
5. Conviction of any one of the following misdemeanor offenses
in this state or in any other state:
a. any assault and battery which caused serious physical
injury to the victim, or any second or subsequent
assault and battery conviction,
b. any aggravated assault and battery,
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c. any stalking pursuant to Section 1173 of this title,
or a similar law of another state,
d. a violation relating to the Protection from Domestic
Abuse Act or any violation of a victim protection
protective order of another state,
e. any conviction relating to illegal drug use or
possession, or
f. an act of domestic abuse as defined by provided for in
Section 644 of this title or an act of domestic
assault and battery or any comparable acts under the
laws of another state.
The preclusive period for a misdemeanor conviction related to
illegal drug use or possession shall be ten (10) years from the date
of completion of a sentence. For purposes of this subsection, “date
of completion of a sentence” shall mean the day an offender
completes all incarceration, probation, and parole pertaining to
such sentence;
6. An attempted suicide or other condition relating to or
indicating mental instability or an unsound mind which occurred
within the preceding ten-year period from the date of the
application for a license to carry a concealed firearm or that
occurs during the period of licensure;
7. Currently undergoing treatment for a mental illness,
condition, or disorder. For purposes of this paragraph, “currently
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undergoing treatment for a mental illness, condition, or disorder”
means the person has been diagnosed by a licensed physician as being
afflicted with a substantial disorder of thought, mood, perception,
psychological orientation, or memory that significantly impairs
judgment, behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life;
8. Significant character defects of the applicant as evidenced
by a criminal record indicating habitual criminal activity;
9. Ineligible Ineligibility to possess a pistol due to any
provision of law of this state or the United States Code, except as
provided in subsection B of Section 1283 of this title;
10. Failure to pay an assessed fine or surrender the handgun
license as required by a decision by the administrative hearing
examiner pursuant to authority of the Oklahoma Self-Defense Act;
11. Being subject to an outstanding felony warrant issued in
this state or another state or the United States; or
12. Adjudication as a delinquent as provided by Section 1283 of
this title, except as provided in subsection B of Section 1283 of
this title.
An applicant shall not be considered ineligible solely on the
basis of being a lawful holder of a medical marijuana patient
license.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 1290.11, is
amended to read as follows:
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Section 1290.11.
OTHER PRECLUSIONS
A. The following conditions shall preclude a person from being
eligible for a handgun license pursuant to the provisions of the
Oklahoma Self-Defense Act for a period of time as prescribed in each
of the following paragraphs:
1. An arrest for an alleged commission of a felony offense or a
felony charge pending in this state, another state, or pursuant to
the United States Code. The preclusive period shall be until the
final determination of the matter;
2. The person is subject to the provisions of a deferred
sentence or deferred prosecution in this state or another state or
pursuant to federal authority for the commission of a felony
offense. The preclusive period shall be three (3) years and shall
begin upon the final determination of the matter;
3. Any involuntary commitment for a mental illness, condition,
or disorder pursuant to the provisions of Section 5-410 of Title 43A
of the Oklahoma Statutes or any involuntary commitment in another
state pursuant to any provisions of law of that state. The
preclusive period shall be permanent as provided by Title 18 of the
United States Code Section 922(g)(4) unless the person has been
granted relief from the disqualifying disability pursuant to Section
1290.27 of this title;
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4. The person has previously undergone treatment for a mental
illness, condition, or disorder which required medication or
supervision as defined by provided for in paragraph 7 of Section
1290.10 of this title. The preclusive period shall be three (3)
years from the last date of treatment or upon presentation of a
certified statement from a licensed physician stating that the
person is either no longer disabled by any mental or psychiatric
illness, condition, or disorder or that the person has been
stabilized on medication for ten (10) years or more;
5. Inpatient treatment for substance abuse. The preclusive
period shall be three (3) years from the last date of treatment or
upon presentation of a certified statement from a licensed physician
stating that the person has been free from substance use for twelve
(12) months or more preceding the filing of an application for a
handgun license;
6. Two or more convictions of public intoxication pursuant to
subsection D of Section 6-101 of Title 37A of the Oklahoma Statutes,
or a similar law of another state. The preclusive period shall be
three (3) years from the date of the completion of the last sentence
or shall require a certified statement from a licensed physician
stating that the person is not in need of substance abuse treatment;
7. Two or more misdemeanor convictions relating to intoxication
or driving under the influence of an intoxicating substance or
alcohol. The preclusive period shall be three (3) years from the
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date of the completion of the last sentence or shall require a
certified statement from a licensed physician stating that the
person is not in need of substance abuse treatment;
8. A court order for a final Victim Protection Order protective
order against the applicant, as authorized by the Protection from
Domestic Abuse Act, or any court order granting a final victim
protection protective order against the applicant from another
state. The preclusive period shall be sixty (60) days from the date
an order was vacated, canceled, withdrawn, or is otherwise no longer
in effect;
9. An adjudicated delinquent or convicted felon residing in the
residence of the applicant which may be a violation of Section 1283
of this title. The preclusive period shall be thirty (30) days from
the date the person no longer resides in the same residence as the
applicant;
10. An arrest for an alleged commission of, a charge pending
for, or the person is subject to the provisions of a deferred
prosecution for any one or more of the following misdemeanor
offenses in this state or another state:
a. any assault and battery which caused serious physical
injury to the victim or any second or subsequent
assault and battery,
b. any aggravated assault and battery,
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c. any stalking pursuant to Section 1173 of this title,
or a similar law of another state,
d. any violation of the Protection from Domestic Abuse
Act or any violation of a victim protection protective
order of another state,
e. any violation relating to illegal drug use or
possession except for an applicant or licensee in
legal possession of a medical marijuana patient
license, or
f. an act of domestic abuse as defined by provided for in
Section 644 of this title or an act of domestic
assault and battery or any comparable acts under the
law of another state.
The preclusive period shall be until the final determination of the
matter. The preclusive period for a person subject to the
provisions of a deferred sentence for the offenses mentioned in this
paragraph shall be three (3) years and shall begin upon the final
determination of the matter; or
11. A previously issued handgun license has been revoked. The
preclusive period shall be five (5) years from the date of
revocation and shall require the person to submit a new application
for a handgun license pursuant to the provisions of Section 1290.12
of this title.
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B. Nothing in this section shall be construed to require a full
investigation of the applicant by the Oklahoma State Bureau of
Investigation.
C. Nothing in this section shall be construed to allow the
Oklahoma State Bureau of Investigation to deny an otherwise
qualified applicant from obtaining a handgun license pursuant to the
Oklahoma Self-Defense Act solely on the basis of the applicant being
a lawful holder of a medical marijuana patient license.
SECTION 4. This act shall become effective November 1, 2025.
Passed the Senate the 18th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives