SB 40 — Firearms; modifying provisions related to transporting firearms in motor vehicles. Effective date.

STATESENATE OFFLOOR OKLAHOMAVERSION 2March 1st4, Session2025 ofAS theAMENDED 60th Legislature (2025) 3 SENATE BILL 40NO. By:

McIntosh40 4By: 5 AS INTRODUCED 7 An Act relating to firearms;

McIntosh, Guthrie, and Kern of the Senate and Steagall of the House 7 An Act relating to firearms;

No person, property owner, tenant, employer, or business entity shall maintain, establish, or enforce any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle, or from transporting and Req.SENATE FLOOR VERSION - SB40 SFLR Page 1 (Bold face denotes Committee Amendments) storing firearms or ammunition locked in or locked to a motor vehicle on any property set aside for any motor vehicle.

No.B.

861No Pageperson, 1property storingowner, firearmstenant, employer, or ammunitionbusiness lockedentity shall be liable in any civil action for occurrences which result from the storing of establish or lockedenforce toany policy or rule that prohibits any person or employee, except a motorconvicted 2felon, from transporting, carrying, or storing firearms or ammunition in a locked motor vehicle on any property set aside for any motor vehicle.vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms or ammunition.

3 B.

No person, property owner, tenant, employer, or business entity shall be liable in any civil action for occurrences which 5 result from the storing of establish or enforce any policy or rule 6 that prohibits any person or employee, except a convicted felon, 7 from transporting, carrying, or storing firearms or ammunition in a locked motor vehicle on any property set aside for any motor 9 vehicle, unless the person, property owner, tenant, employer, or owner of the business entity commits a criminal act involving the use of the firearms or ammunition.

Req.SENATE FLOOR VERSION - SB40 SFLR Page 2 (Bold face denotes Committee Amendments) SECTION 2.

No.

861 Page 2 SECTION 2.

2021, Section 1290.22, is 2 amended to read as follows:

3 Section 1290.22.

BUSINESS PRIVATE PROPERTY OWNER’S RIGHTS 5 A.

Except as provided in subsections B, C, and D of this 6 section, nothing contained in any provision of the Oklahoma Self- 7 Defense Act shall be construed to limit, restrict, or prohibit in any manner the existing rights of any person, property owner, 9 tenant, employer, liquor store, place of worship, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

If a plaintiff prevails in a civil action against a person, property owner, tenant, employer, liquor store, place of worship, or business entity for a Req.SENATE FLOOR VERSION - SB40 SFLR Page 3 (Bold face denotes Committee Amendments) policy or rule that violates paragraph 1 of this subsection, the court shall award actual damages, enjoin further violations of paragraph 1 of this subsection, and award court costs and attorney fees to the prevailing plaintiff.

No.The provisions of this subsection shall not apply to claims pursuant to the Administrative Workers’ Compensation Act.

861C. Page 3 policy or rule that violates paragraph 1 of this subsection, the 2 court shall award actual damages, enjoin further violations of 3 paragraph 1 of this subsection, and award court costs and attorney fees to the prevailing plaintiff.

TheA provisionsproperty owner, tenant, employer, liquor store, place of thisworship, subsectionor 5business shallentity notmay applyprohibit toany claimsperson pursuantfrom tocarrying thea Administrativeconcealed Workers’or 6unconcealed Compensationfirearm Act.on the property.

7 C.

A property owner, tenant, employer, liquor store, place of worship, or business entity may prohibit any person from carrying a 9 concealed or unconcealed firearm on the property.

Req.SENATE FLOOR VERSION - SB40 SFLR Page 4 (Bold face denotes Committee Amendments) 2.

No.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;

8613. Page 4 2.

Any public property sports field including any adjacent 2 seating or adjacent area set aside for viewing a sporting event, 3 where an elementary or secondary school, collegiate, or professional sporting event, or an International Olympic Committee or 5 organization, or any committee subordinate to the International 6 Olympic Committee event is being held;

7 3.

and 9 4.

Req.SENATE FLOOR VERSION - SB40 SFLR Page 5 (Bold face denotes Committee Amendments) F.

No.A person, property owner, tenant, employer, liquor store, holder of an event permit, place of worship, or business entity that does or does not prohibit any individual, except a convicted felon, from transporting, storing, or carrying a loaded or unloaded, concealed or unconcealed weapon on property that the person, property owner, tenant, employer, liquor store, holder of an event permit, place of worship, or business entity owns, or has legal control of, is immune from and shall not be subject to any liability arising from that decision.

861Except Pagefor 5acts F.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 shall not be subject to any liability arising from that decision.

A person, property owner, tenant, employer, liquor store, 2 holder of an event permit, place of worship, or business entity that 3 does or does not prohibit anypersons individual,from excepttransporting, astoring, convictedor felon, from carrying a loaded or unloaded, concealed or unconcealed weapon 5pursuant onto propertysubsection thatD theof person,this propertysection owner,shall tenant,be employer,immune 6from liquorand store,not holdersubject ofto anany eventliability permit,arising placefrom ofthe worship,transporting, storing, or 7carrying businessof entitya owns,concealed or hasunconcealed legalweapon, controlwhile of,in isthe immunescope fromof shallemployment, noton bethe subjectproperty toor anyin liabilityor arisingabout froma thatbusiness decision.entity motor vehicle.

ExceptAny 9employee, forusing actshis ofor grossher negligenceown orprivate willfulmotor vehicle or wantona misconduct,motor anvehicle employerthat whois doespersonally rented or doesleased notby prohibitthe hisemployee, may transport a firearm or herother employeeslegal fromweapon carryingin athe concealedmotor orvehicle unconcealedwhile weaponconducting isbusiness immunefor fromthe business entity and SENATE FLOOR VERSION - SB40 SFLR Page 6 (Bold face denotes Committee Amendments) shall not be subjectprohibited tofrom transporting such firearm or weapon by any liabilitypolicy arisingor fromrule thatof decision.the business entity.

AThe person,provisions property owner, tenant, employer, liquor store, holder of anthis event permit, place of worship, or business entity that does not prohibit persons from carrying a concealed or unconcealed weapon pursuant to subsection D of this section shall not beapply immuneto fromclaims subjectpursuant to any liability arising from the carryingAdministrative ofWorkers’ aCompensation concealedAct. or unconcealed weapon, while in the scope of employment, on the property or in or about a business entity motor vehicle.

AnyG. employee, using his or her own private motor vehicle or a motor vehicle that is personally rented or leased by the employee, may transport a firearm or other legal weapon in the motor vehicle while conducting business for the business entity and shall not be prohibited from transporting such firearm or weapon by any policy or rule of the business entity.

TheIt Req.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.

No.H.

861Nothing Pagein 6subsections provisionsF and G of this subsectionsection shall notprevent applyan toemployer, claimsemployee, pursuantor person who has suffered loss resulting from the discharge of a weapon to 2seek redress or damages of the Administrativeperson Workers’who Compensationdischarged the weapon or used the weapon outside the provisions of the Oklahoma Self-Defense Act.

3 G.

It shall not be considered part of an employee’s job description or within the employee’s scope of employment if an 5 employee is allowed to carry or discharge a weapon pursuant to this 6 section.

7 H.