SB 381 — Firearms; modifying provisions related to carry of firearms by convicted felons. Effective date.

STATESENATE OFFLOOR OKLAHOMAVERSION 2February 1st25, Session2025 of the 60th Legislature (2025) 3 SENATE BILL 381NO. By:

Bullard381 4By: 5 6 AS INTRODUCED 7 An Act relating to firearms;

Bullard of the Senate and Steagall of the House 7 An Act relating to firearms;

9 modifying provisions related to firearms in certain vehicles;

Except as provided in subsection subsections B and C of this section, it shall be unlawful for any person convicted of any felony in any court of this state or of another state or of the United SENATE FLOOR VERSION - SB381 SFLR Page 1 (Bold face denotes Committee Amendments) States to have in his or her possession or under his or her immediate control, or in any vehicle which the person is operating, Req.or at the residence where the convicted person resides, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any other firearm.

No.B.

989Any Pageperson 1who has previously been convicted of a nonviolent felony in any court of this state or atof another state or of the residenceUnited whereStates, and who has received a full and complete pardon from the convictedproper personauthority resides,and has not been convicted of any pistol,other 2felony imitationoffense orwhich homemadehas pistol,not alteredbeen airpardoned, shall have restored the right to possess any firearm or toyother pistol,weapon machineprohibited 3by gun,subsection sawed-offA shotgunof this section, the right to apply for and carry a handgun, concealed or sawed-offunconcealed, rifle,pursuant to the provisions of the Oklahoma Self- Defense Act or as otherwise permitted by law, and have the right to perform the duties of a peace officer, gunsmith, and for firearms repair any other profession that requires possession, carry, or transportation of a firearm.

4 B.

Any person who has previously been convicted of a nonviolent 5 felony in any court of this state or of another state or of the 6 United States, and who has received a full and complete pardon from 7 the proper authority and has not been convicted of any other felony 8 offense which has not been pardoned, shall have restored the right 9 to possess any firearm or other weapon prohibited by subsection A of this section, the right to apply for and carry a handgun, concealed or unconcealed, pursuant to the provisions of the Oklahoma Self- Defense Act or as otherwise permitted by law, and have the right to perform the duties of a peace officer, gunsmith, and for firearms repair any other profession that requires possession, carry, or transportation of a firearm.

has completed the entirety of the sentence imposed for the offense and has had no additional misdemeanor or felony convictions or charges pending for a period of five (5) years since the completion of the sentence, SENATE FLOOR VERSION - SB381 SFLR Page 2 (Bold face denotes Committee Amendments) shall have restored the right to possess, carry, or transport any non-semi-automatic firearm, may apply for and carry a handgun, Req.concealed or unconcealed, pursuant to the provisions of the Oklahoma Self-Defense Act or as otherwise permitted by law, and shall have the right to perform any other duty that requires possession, carry, or transportation of a firearm.

No.2.

989A Pageperson 2who concealedhas orsuch unconcealed,rights restored pursuant to thethis provisionssubsection of the Oklahoma 2 Self-Defense Act or as otherwise permitted by law, and shall have 3those therights rightforfeited toupon performconviction anyof othera dutysubsequent thatmisdemeanor requires possession, carry, 4 or transportationfelony ofviolation. a firearm.

53. 2.

A person whoconvicted hasof suchany rightsof restoredthe pursuantfollowing tononviolent thisfelony 6offenses subsection shall havenot thosebe rightseligible forfeitedto uponhave convictionsuch ofrights arestored 7as subsequentprovided misdemeanorfor orin felonythis violation.subsection:

8 3.

A person convicted of any of the following nonviolent felony 9 offenses shall not be eligible to have such rights restored as provided for in this subsection:

sexual assault, as provided for in Section 112 of this title, SENATE FLOOR VERSION - SB381 SFLR Page 3 (Bold face denotes Committee Amendments) f.

stalking, as provided for in Section 1173 of this title, Req.g.

No.violations of a protective order, as provided for in Section 1173 of this title and Section 60.6 of Title 22 of the Oklahoma Statutes, or h.

989violations Pageof 3the g.Sex Offenders Registration Act, as provided for in Sections 587, 590, and 590.1 of Title 57 of the Oklahoma Statutes.

violations of a protective order, as provided for in 2 Section 1173 of this title and Section 60.6 of Title 3 of the Oklahoma Statutes, or 4 h.

violations of the Sex Offenders Registration Act, as 5 provided for in Sections 587, 590, and 590.1 of Title 6 of the Oklahoma Statutes.

7 D.

It shall be unlawful for any person serving a term of 8 probation for any felony in any court of this state or of another 9 state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating, any pistol, shotgun, or rifle including any imitation or homemade pistol, altered air or toy pistol, toy shotgun, or toy rifle, while such person is subject to supervision, probation, parole, or inmate status.

It shall be unlawful for any person serving a term of probation for any felony in any court of this state or of another state or of the United States or under the jurisdiction of any alternative court program to have in his or her possession or under his or her immediate control, or at his or her residence, or in any passenger vehicle which the person is operating, any pistol, shotgun, or rifle including any imitation or homemade pistol, altered air or toy pistol, toy shotgun, or toy rifle, while such person is subject to supervision, probation, parole, or inmate status.

D.

It shall be unlawful for any person previously adjudicated as a delinquent child or a youthful offender for the commission of an offense, which would have constituted a felony offense if committed by an adult, to have in the possession of the person or under the immediate control of the person, or have in any vehicle which he or she is driving, or at the residence of the SENATE FLOOR VERSION - SB381 SFLR Page 4 (Bold face denotes Committee Amendments) person, any pistol, imitation or homemade pistol, altered air or toy pistol, machine gun, sawed-off shotgun or sawed-off rifle, or any Req.other dangerous or deadly firearm within ten (10) years after such adjudication;

No.provided, that nothing in this subsection shall be construed to prohibit the placement of the person in a home with a full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes.

989E. Page 4 1 other dangerous or deadly firearm within ten (10) years after such adjudication;

provided, that nothing in this subsection shall be 3 construed to prohibit the placement of the person in a home with a 4 full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET) pursuant 6 to the provisions of Section 3311 of Title 70 of the Oklahoma 7 Statutes.

8 E.

It shall be unlawful for any person who is an alien 9 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;

Any person having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act and who knowingly or intentionally allows a convicted felon or adjudicated delinquent SENATE FLOOR VERSION - SB381 SFLR Page 5 (Bold face denotes Committee Amendments) or a youthful offender as prohibited by the provisions of subsection A, C, D, or D E of this section to possess or have control of any Req.firearm authorized by the Oklahoma Self-Defense Act shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00).

No.In addition, the person shall have the handgun license revoked by the Oklahoma State Bureau of Investigation after a hearing and determination that the person has violated the provisions of this section.

989G. Page 5 firearm authorized by the Oklahoma Self-Defense Act shall, upon 2 conviction, be guilty of a felony punishable by a fine not to exceed 3 Five Thousand Dollars ($5,000.00).

In addition, the person shall 4 have the handgun license revoked by the Oklahoma State Bureau of 5 Investigation after a hearing and determination that the person has 6 violated the provisions of this section.

7 G.

Any convicted or adjudicated person violating the 8 provisions of this section shall, upon conviction, be guilty of a 9 felony punishable as provided in Section 1284 of this title.

SENATE FLOOR VERSION - SB381 SFLR Page 6 (Bold face denotes Committee Amendments) 3.

Req.K.