dennishoddy
Moderator
HOUSE BILLS
Unless otherwise indicated, all bills, if passed, would become effective November 1, 2011.
HB1291 â€" David Derby (R). Firearms regulation; creating the Oklahoma Firearms Freedom Act; making certain firearms, firearm accessories or ammunition exempt from federal law or federal regulation; States all firearms, accessories and ammunition manufactured in Oklahoma and remaining within Oklahoma’s borders are not subject to federal law or regulation.
HB1063 â€" James Lockhart (D). Game and Fish; exempting lifetime license holders from additional expenses. This legislation would delete all additional fees, i.e. stamps, for Lifetime hunting or combination license holders.
HB1314 â€" Phil Richardson (R). Game and Fish; repealing prohibition to hunt white deer. Emergency. Under current law, such animals cannot be hunted.
HB 1338 â€" Brian Renegar (D) Game and Fish; changing the certificate of competency and safety age requirements. Lowers age from 35 to 30 or younger for those who must have Hunter Safety Certificate prior to purchasing a hunting license or tags. A youth under 16 years shall be exempt from Hunter Safety Certification when accompanied by a licensed hunter 18 years or older who possesses a Hunter Safety Certificate or is exempt from the Hunter Safety Certificate requirement. Individuals 8 years to 30 years who do not have Hunter Safety Certificate may purchase a license or permit with the notation “Apprentice.†Emergency.
HB1347 â€" Tom Newell (R). Game and Fish; creating the Wildlife Bail Procedure Act; repealer. Creates the Wildlife Bail Procedures Act; bail procedure for persons arrested for game violations, posting of bond, allowing for issuance of a bench warrant under certain circumstances, providing for suspension of certain licenses for failure to comply with wildlife citation or sentence. Effective upon passage and approval.
HB1400 â€" Paul Wesselhoft (R). Crimes and punishments; adding condition in which firearms may be carried in certain manner. Would amend the Oklahoma Self-Defense Act . Concerns carrying loaded or unloaded shotguns, rifle and pistols, open and not concealed without a handgun license, i.e., hunting, competitions in hunter safety courses, military or police functions. Adds “when carried in a holster wholly or partially visible or in a scabbard or case designed for carry firearms that is wholly or partially visible and the person is 18 years or older.
HB1406 â€" Paul Wesselhoft (R). Firearms; creating the Oklahoma Firearms Act of 2011. This is a “shell bill.â€
HB1439 â€" Steve Vaughan (R). Crimes and punishments; expanding right to use deadly force. The owner, manager or employee of a business presumed to have a reasonable fear of imminent peril of death or great bodily harm may use deadly force against an intruder.
HB1463 â€" Tom Newell (R). Crimes and punishments; authorizing certain persons to carry concealed handguns on college or university property. Would strike provisions that deny concealed carry holders from carry on property and parking lots of colleges and universities.
HB1470 â€" Dennis Johnson (R). Firearms; clarifying manner in which firearms may be carried by handgun licensees. Strikes the word “concealed†throughout the Oklahoma Self Defense Act ,thus only “handgun license†is used. Retains all of the prohibitions against carry in specified areas and the fines and suspensions for violation.
HB1474 â€" Don Armes (R). Oklahoma Wildlife Conservation Code; increasing maximum fine amount for trespass. Increases the fine for trespass from $500 to $1,500.
HB1547 â€" Josh Cockoft (R). Crimes and punishments; deleting all fees associated with concealed carry permit applications; repealer. Would eliminate the fees sheriffs may charge for photographs and fingerprinting when applying for an Oklahoma Self-Defense License.
HB1553 â€" Sally Kern (R). Crimes and punishments; modifying and deleting provisions that prohibit persons from carrying concealed handguns in certain places. Would strike prohibitions against concealed carry licensees in structures, buildings and offices owned or leased by city, town, county and state. Also strikes prohibitions against carry in meetings of city, town, county, state or federal officials, school board members, legislative members or any other elected or appointed officials. Also stricken are prohibitions against carry in any sports arena, professional sports event or where pari-mutual wagering is authorized.
HB1645 â€" Mike Ritze ( R). Firearms; creating the Oklahoma Firearms Freedom Act. Personal firearms, accessories or ammunition manufactured in Oklahoma and remaining exclusively in Oklahoma are not subject to federal law, taxation, regulation, including registration under authority of the U.S. congress to regulate interstate commerce.
HB1647- John Bennett (R). Crimes and punishments; authorizing issuance of lifetime concealed handgun licenses military personnel. To conditions for carrying loaded and unloaded shotguns, rifle and pistol, open and not concealed and without an Oklahoma SDA license is added “When the person has a reasonable fear of bodily harm or legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership and control of firearms.†Also, military veterans could obtain a lifetime SDA license for $125. Any person on active military duty, National Guard duty or regular military reserve duty applying for an SDA license will have option to request that the license be valid for life. Military veterans renewing an SDA license before Nov. 1,2011 shall receive a lifetime license. No renewal fee shall be assessed for active \duty personnel.
HB1690 â€" Todd Russ ( R). Crimes and punishments; clarifying who may carry firearms. States “Any person who has previously been convicted of a violent felony in any court of this state or of anther state or of the United Stages, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any legal shotgun, rifle, handgun, or weapon, and the right to perform the duties of gunsmith, or firearms repair.â€
HB1733 â€"Elise Hall ( R). Firearms; creating the Oklahoma Concealed Carry Act of2011. Shell Bill.
HB1769 â€" Jason Nelson . ( R). Firearms; enacting the Firearm Policy Improvement Act. Shell Bill.
HB1837 â€" Sue Tibbs (R). Legislative referendum; clarifying manner in which firearms may be carried. Proposes a state-wide ballot that would, if adopted, allow concealed carry permit holders to carry a weapon on their person in a manner that is concealed or unconcealed. If adopted, would become effective January 1, 2013.
HB1837 â€" Dennis Johnson (R). Game and fish; expanding license exemption for landowners. Would exempt legal residents, owners or tenants who hunt on land owned or leased by them for possessing an annual hunting license.
HB1878 â€" Richard Morrissette (D). Criminal procedure; providing for immediate expungement of records under certain circumstances. Upon completion of a deferred judgment and the state filing a motion dismissing the criminal case, the court shall order the verdict or plea of guilty or plea of nolo contendere to be immediately expunged from the record and the charge shall be dismissed.
HB1911 â€" Mike Christian (R). Crimes and punishments; making possession of firearms by certain persons unlawful. It shall be unlawful for any person who is not lawfully present in the U.S. to have in the possession of the person or under the immediate control of the person, or in any vehicle which the person Is operating, or in which ther person is riding as a passenger, or at the residence where the person resides, any pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm. Conviction is a felony punishable by not less than 1 year nor more than ten years.
HB1915 â€" Mike Christian (R). Firearms; creating the Oklahoma Firearms Act. Shell Bill.
HB2029 â€" Dan Sullivan (R). Crimes and punishments; creating the Oklahoma Firearms Act of 2011. Shell Bill.
HB2087 â€" Randy Terrill (R). Crimes and punishments; authorizing certain persons to carry concealed weapons on college or university property. Would permit any member of the administration of a college or university or a faculty member with SDA license to carry on campus.
HB2088 â€" Randy Terrill (R). Crimes and punishments; creating the Jerome Ersland Act; providing presumption of self-defense under certain circumstances. A presumption that a homicide occurred in self defense or in defense of others when the deceased was engaged in a robbery at the time of death and the homicide was in close proximity to the armed robbery or occurred on the property where the robbery had taken place.
HB 2096 â€" Randy Terrill (R). Crimes and punishments; creating the Jerome Ersland Act of 2011; making certain acts justified under specific conditions. A homicide shall be presumed to be justified if it meets the criteria found in HB 2088. .
HB2126 â€" Jeff Hickman (R). Crimes and punishments; allowing concealed handgun o technology center school property. SDA licensed concealed-carry holders would be permitted to carry at technology centers when authorized by the technology center school administrator.
HB 2134 â€" Chris Steele (R). Firearms; carrying of firearms. It would not be a violation of prohibitions found in the Oklahoma Self-Defense Act when a person with a valid SDA license exposes the handgun in a reasonable manner when attempting to store the handgun in the trunk of a motor vehicle or other storage compartment of the motor vehicle. “Concealed handgun†is further defined as a loaded or unloaded pistol, the presence of which is not openly discernible to the ordinary observation of a reasonable person. The fine for failing to identify one’s self as a SDA holder carrying a concealed firearm is a misdemeanor and the fine is decreased from $500 to $100. A fine of $100 will be assessed against an SDA licensee carrying a firearm in a posted business and has been requested to leave when instructed to do so and a law enforcement officer is summoned.
SENATE BILLS
Unless otherwise indicated, all bills, if passed, would become effective November 1, 2011.
SB-15 â€"Josh Brecheen (R). Regulation of commercial pet breeders; repealing the Commercial Pet Breeders Act. Noncodification. Emergency. Upon effective date if thus act any monies in the Commercial Pet Breeders Enforcement Fund shall be transferred to the General Revenue Fund. Being immediately necessary for preservation of the public peace, health and safety, an emergency is declared and will take effect immediately upon passage and approval.
SB72 â€" Jerry Ellis (D). Oklahoma Wildlife Conservation Commission; adding certain exemption. Non-residents who own land in Oklahoma, hunting on their own land, shall be exempt from annual hunting license requirement. Must have proof of land ownership on their person.
SB94 â€" Roger Ballenger (D). Fishing and hunting licenses; adding exemptions. Any legal resident of Oklahoma who as a firefighter or law enforcement officer suffering a disability in the line of duty of 60% is exempt from annual fishing license requirements.
SB128 â€" Mike Schultz (R). Commercial Pet Breeders Act; adding definitions; adding exemption. Codification. Exempts hunting and racing breeds of dogs and those classified as “working dogs,†i.e. herding dogs, guard dogs, search & rescue and service dogs from provisions of the Commercial Pet Breeders Act.
SB129 â€" Steve Russell (R). Hunting wildlife; exempting certain persons from certain prohibitions. Noncodification. Effective date November 1, 2011. Would permit landowner and , their guests to utilize noise suppressors for hunting.. Would not exempt such persons from requirements of the National Firearms Act.
SB285 - Kim David (R). Crimes and punishments; trespass; penalty. Codification. Effective date November 1, 2011. Any person that enters the Governor’s Mansion and its grounds other than where entry to the property is normally be expected is deemed guilty of trespass and upon conviction shall be fined $500 or by confinement to the county jail for not less than 30 days nor more than 6 months or both.
SB-314 â€" John Sparks (D). Oklahoma Wildlife Conservation Code; specifying fee for certain tag. Codification. Effective date. November 1, 2011. Requires a tag supplied by the Oklahoma Dept. of Wildlife Conservation for all animals donated to the Hunters Against Hunger program. Cost of tag: $5.
SB361 â€" Ralph Shortey (R). Wildlife; prohibiting use of certain hunting aids; defining terms; providing exception; specifying penalty. Codification. Effective date November 1, 2011. Except for battery powered scoping devices that project a light or dot inside the scope and pin sight lights on archery equipment, no person may use a laser sighting device as a hunting aid. Laser sighting device is defined as an artificial light or any form that cast or reflects a beam of light onto or otherwise illuminates wildlife. Does not apply to persons who are 100% disabled as certified by a physician if the person is hunting on private property and accompanied by a licensed hunter.
SB370 â€" John Sparks (D). Oklahoma Wildlife Conservation Code; providing for the inheritance of certain lifetime licenses. Effective date November 1, 2011. Any legal resident of Oklahoma for 6 months may purchase a Lifetime hunting or fishing license or combination license. The fee: Lifetime Fishing -$200; Lifetime Hunting - $600; Combination - $750.; Senior citizen (65 years and over) Hunting $15; Fishing $15, Combination $$25. Disabled veterans with less than 60% disability may purchase a Lifetime Combination license for $200; For those over 60% disability the cost is $25. Lifetime license holders do not lose privileges of license with a change of residency. Lifetime license holders under 65 years must purchase a Lifetime Oklahoma Wildlife Land Stamp for $25.
SB759 â€" Steve Russell (R). Firearms; clarifying reference. Effective date November 1, 2011. Any person who points a pistol or other deadly weapon, whether loaded or unloaded, at any person or persons upon conviction shall be guilty of a misdemeanor. Any one found guilty and holding an SDA license shall be subject to an administrative violation.
SB773 â€" Eddie Fields (R). Commercial pet breeders; updating language; requiring rule approval by Department of Agriculture, Food and Forestry. Emergency. All rules, procedures and forms necessary to enforce and administer the Commercial Pet Breeders Act must be approved by the Dept. of Agriculture, Food and Forestry. Commercial pet breeders licensed by the U.S. Dept. of Agriculture shall pay no licensing fees to the state. Establishes the “Commercial Pet Breeders Enforcement Revolving Fund.†Establishes a list of currently licensed breeders and a list of pet breeders who have been denied a license on website. Annual reports are required of all licensed breeders. Unlicensed breeders will be charged with a criminal offense. Fines range for violations are not to exceed $500 , while other violations may not exceed $1,000.
SB799 â€" Charles Laster (D). Oklahoma Self-Defense Act; application; inadvertent omission. Any false or misleading statement on an SDA handgun license submitted that the applicant can prove to the satisfaction of OSBI was an inadvertent omission of nonmaterial fact and such fact would not have resulted in denial, on the application shall not preclude a person as eligible for an SDA license.
SB828 â€" John Sparks (D). Trespassing; modifying permission requirement for entering certain land; modifying penalties; making shooting from a public road, highway, or railroad right-of-way onto certain land a trespass. Any person who shoots from or across a public road, highway or railroad right-of-way onto a commercial big game hunting area, upon conviction, will be subject to not less $2,500 but not more than$10,00 fine or confinement in the county jail or both.
SB829 â€" John Sparks (D). Trespassing; modifying penalties for trespass on certain lands. Increases the fine for trespass from $500 to $1,500 up to $2,500. Second conviction would raise fine from $1,500 to $2,500 up to $5,000.
SB845 â€" Steve Russell (R). Oklahoma Self-Defense Act; preclusions. Preclude a person from eligibil9ty for an SDA license. “Adjudication as an incompetent person as the following: a) a determination by a court, board , commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition or disease, 1) is a danger to himself or herself or to others or, 2) lacks the mental capacity to contract or manage his or her own affairs. b ) a finding of insanity by a court in a criminal case, c) persons found incompetent to stand traal or found not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice,10 U.S.C.850a and 876b. Does not preclude any person, veteran or nonveteran, who has been successfully treated for Post Traumatic Stress.
SB855 â€" Jim Halligan (R). Crimes and punishments; reckless conduct; look-alike weapon; penalty. Codification. Would make unlawful for any person to engage in reckless conduct with a weapon, look-alike weapon, or any object that could be mistaken for a weapon or dangerous object that could cause physical or mental distress on school property immediately before, during and after school hours on school property or land used by school groups or property for a school activity approved by the principle, or within 1,000 feet of a public, parochial or private school during school hours. Any one found guilty would be subject to a misdemeanor and punishable by $500 fine or confinement to the county jail not exceed 1 year or an community service not exceed 60 hours or by fine, confinement and community service.
SB856 â€" Steve Russell (R). Crimes and punishments; Oklahoma Self-Defense Act; conditions for carry. Spells out provisions for carrying loaded and unloaded shotguns, rifles, and pistols without a handgun license, i.e. hunting, competitions, military functions, police functions and during practice for a performance for entertainment purposes. Added, “When carried in a holster that is wholly or partially visible or in a scabbard, case or with a sling designed for carrying firearms that is wholly or partially visible and the person is 18 years or older.†Persons shall be prohibited from carrying the firearm into any place(s) prohibited under SDA provisions.
SB858 â€" Steve Russell (R). Crimes and punishments; unlawful carry; college and university property. “Any person who possesses a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act or who is certified by the Council on Law Enforcement, Education and Training to carry a weapon shall be authorized to carry the concealed handgun into or upon any public college or university property†Public colleges and universities may restrict or prohibit persons with concealed handgun license into any access-controlled event where all persons entering the event are subject o security checkpoint screening by immediately available security personnel.
SB893 â€" Ralph Shortey (R). Crimes and punishments; creating Jerome Ersland Act; specifying. Codification. A homicide shall be presumed to be justified if the deceased was committing an act o armed robbery at or shortly before the action that led to the death of the person and the homicide occurred on the property where the armed robbery had taken place.. This presumption is rebuttable by clear and convincing evidence that the homicide was not in self-defense or the defense of others.
SB894 â€" Ralph Shortey (R). Crimes and punishments; creating Jerome Ersland Act; specifying circumstances under which homicide presumed justified. Codification. Noncodification. There shall be a presumption that a homicide occurred in self-dfense or in defense of others if: the decease was engaged in an armed robbery at or shortly before the death of the person, the homicide was in close proximity to the armed robbery and the homicide occurred on the property where the armed robbery had taken place. The presumption is rebutted by clear and convincing evidence that the homicide was not in self-defense.
SB900 â€" Ralph Shortey (R). Oklahoma Self-Defense Act; updating language. It is unlawful for any person to carry a concealed handgun in this state, except as hereby authorized by the provisions of the Oklahoma Self-Defense Act or as may otherwise be provided by law.
SB952 â€" Jonathan Nichols (R). Crimes and punishments; clarifying weapon. Every person who, with intent to do bodily harm without justifiable or excusable cause, commits any assault, battery, or assault and battery upon a person with any sharp or dangerous weapon, whether the item was originally intended to be a weapon or not or without cause shoots at another person with any kind of firearm, air gun, conductive energy weapon or other means with intent to injure although without intent to kill or commit a felony is guilty of a felony and may be imprisoned in the State Penitentiary not exceeding 10years or in a county jail not exceeding 1 year.
Unless otherwise indicated, all bills, if passed, would become effective November 1, 2011.
HB1291 â€" David Derby (R). Firearms regulation; creating the Oklahoma Firearms Freedom Act; making certain firearms, firearm accessories or ammunition exempt from federal law or federal regulation; States all firearms, accessories and ammunition manufactured in Oklahoma and remaining within Oklahoma’s borders are not subject to federal law or regulation.
HB1063 â€" James Lockhart (D). Game and Fish; exempting lifetime license holders from additional expenses. This legislation would delete all additional fees, i.e. stamps, for Lifetime hunting or combination license holders.
HB1314 â€" Phil Richardson (R). Game and Fish; repealing prohibition to hunt white deer. Emergency. Under current law, such animals cannot be hunted.
HB 1338 â€" Brian Renegar (D) Game and Fish; changing the certificate of competency and safety age requirements. Lowers age from 35 to 30 or younger for those who must have Hunter Safety Certificate prior to purchasing a hunting license or tags. A youth under 16 years shall be exempt from Hunter Safety Certification when accompanied by a licensed hunter 18 years or older who possesses a Hunter Safety Certificate or is exempt from the Hunter Safety Certificate requirement. Individuals 8 years to 30 years who do not have Hunter Safety Certificate may purchase a license or permit with the notation “Apprentice.†Emergency.
HB1347 â€" Tom Newell (R). Game and Fish; creating the Wildlife Bail Procedure Act; repealer. Creates the Wildlife Bail Procedures Act; bail procedure for persons arrested for game violations, posting of bond, allowing for issuance of a bench warrant under certain circumstances, providing for suspension of certain licenses for failure to comply with wildlife citation or sentence. Effective upon passage and approval.
HB1400 â€" Paul Wesselhoft (R). Crimes and punishments; adding condition in which firearms may be carried in certain manner. Would amend the Oklahoma Self-Defense Act . Concerns carrying loaded or unloaded shotguns, rifle and pistols, open and not concealed without a handgun license, i.e., hunting, competitions in hunter safety courses, military or police functions. Adds “when carried in a holster wholly or partially visible or in a scabbard or case designed for carry firearms that is wholly or partially visible and the person is 18 years or older.
HB1406 â€" Paul Wesselhoft (R). Firearms; creating the Oklahoma Firearms Act of 2011. This is a “shell bill.â€
HB1439 â€" Steve Vaughan (R). Crimes and punishments; expanding right to use deadly force. The owner, manager or employee of a business presumed to have a reasonable fear of imminent peril of death or great bodily harm may use deadly force against an intruder.
HB1463 â€" Tom Newell (R). Crimes and punishments; authorizing certain persons to carry concealed handguns on college or university property. Would strike provisions that deny concealed carry holders from carry on property and parking lots of colleges and universities.
HB1470 â€" Dennis Johnson (R). Firearms; clarifying manner in which firearms may be carried by handgun licensees. Strikes the word “concealed†throughout the Oklahoma Self Defense Act ,thus only “handgun license†is used. Retains all of the prohibitions against carry in specified areas and the fines and suspensions for violation.
HB1474 â€" Don Armes (R). Oklahoma Wildlife Conservation Code; increasing maximum fine amount for trespass. Increases the fine for trespass from $500 to $1,500.
HB1547 â€" Josh Cockoft (R). Crimes and punishments; deleting all fees associated with concealed carry permit applications; repealer. Would eliminate the fees sheriffs may charge for photographs and fingerprinting when applying for an Oklahoma Self-Defense License.
HB1553 â€" Sally Kern (R). Crimes and punishments; modifying and deleting provisions that prohibit persons from carrying concealed handguns in certain places. Would strike prohibitions against concealed carry licensees in structures, buildings and offices owned or leased by city, town, county and state. Also strikes prohibitions against carry in meetings of city, town, county, state or federal officials, school board members, legislative members or any other elected or appointed officials. Also stricken are prohibitions against carry in any sports arena, professional sports event or where pari-mutual wagering is authorized.
HB1645 â€" Mike Ritze ( R). Firearms; creating the Oklahoma Firearms Freedom Act. Personal firearms, accessories or ammunition manufactured in Oklahoma and remaining exclusively in Oklahoma are not subject to federal law, taxation, regulation, including registration under authority of the U.S. congress to regulate interstate commerce.
HB1647- John Bennett (R). Crimes and punishments; authorizing issuance of lifetime concealed handgun licenses military personnel. To conditions for carrying loaded and unloaded shotguns, rifle and pistol, open and not concealed and without an Oklahoma SDA license is added “When the person has a reasonable fear of bodily harm or legitimate purpose not in violation of the Oklahoma Firearms Act of 1971 or any legislative enactment regarding the use, ownership and control of firearms.†Also, military veterans could obtain a lifetime SDA license for $125. Any person on active military duty, National Guard duty or regular military reserve duty applying for an SDA license will have option to request that the license be valid for life. Military veterans renewing an SDA license before Nov. 1,2011 shall receive a lifetime license. No renewal fee shall be assessed for active \duty personnel.
HB1690 â€" Todd Russ ( R). Crimes and punishments; clarifying who may carry firearms. States “Any person who has previously been convicted of a violent felony in any court of this state or of anther state or of the United Stages, and who has received a full and complete pardon from the proper authority and has not been convicted of any other felony offense which has not been pardoned, shall have restored the right to possess any legal shotgun, rifle, handgun, or weapon, and the right to perform the duties of gunsmith, or firearms repair.â€
HB1733 â€"Elise Hall ( R). Firearms; creating the Oklahoma Concealed Carry Act of2011. Shell Bill.
HB1769 â€" Jason Nelson . ( R). Firearms; enacting the Firearm Policy Improvement Act. Shell Bill.
HB1837 â€" Sue Tibbs (R). Legislative referendum; clarifying manner in which firearms may be carried. Proposes a state-wide ballot that would, if adopted, allow concealed carry permit holders to carry a weapon on their person in a manner that is concealed or unconcealed. If adopted, would become effective January 1, 2013.
HB1837 â€" Dennis Johnson (R). Game and fish; expanding license exemption for landowners. Would exempt legal residents, owners or tenants who hunt on land owned or leased by them for possessing an annual hunting license.
HB1878 â€" Richard Morrissette (D). Criminal procedure; providing for immediate expungement of records under certain circumstances. Upon completion of a deferred judgment and the state filing a motion dismissing the criminal case, the court shall order the verdict or plea of guilty or plea of nolo contendere to be immediately expunged from the record and the charge shall be dismissed.
HB1911 â€" Mike Christian (R). Crimes and punishments; making possession of firearms by certain persons unlawful. It shall be unlawful for any person who is not lawfully present in the U.S. to have in the possession of the person or under the immediate control of the person, or in any vehicle which the person Is operating, or in which ther person is riding as a passenger, or at the residence where the person resides, any pistol, machine gun, sawed-off shotgun or rifle, or any other dangerous or deadly firearm. Conviction is a felony punishable by not less than 1 year nor more than ten years.
HB1915 â€" Mike Christian (R). Firearms; creating the Oklahoma Firearms Act. Shell Bill.
HB2029 â€" Dan Sullivan (R). Crimes and punishments; creating the Oklahoma Firearms Act of 2011. Shell Bill.
HB2087 â€" Randy Terrill (R). Crimes and punishments; authorizing certain persons to carry concealed weapons on college or university property. Would permit any member of the administration of a college or university or a faculty member with SDA license to carry on campus.
HB2088 â€" Randy Terrill (R). Crimes and punishments; creating the Jerome Ersland Act; providing presumption of self-defense under certain circumstances. A presumption that a homicide occurred in self defense or in defense of others when the deceased was engaged in a robbery at the time of death and the homicide was in close proximity to the armed robbery or occurred on the property where the robbery had taken place.
HB 2096 â€" Randy Terrill (R). Crimes and punishments; creating the Jerome Ersland Act of 2011; making certain acts justified under specific conditions. A homicide shall be presumed to be justified if it meets the criteria found in HB 2088. .
HB2126 â€" Jeff Hickman (R). Crimes and punishments; allowing concealed handgun o technology center school property. SDA licensed concealed-carry holders would be permitted to carry at technology centers when authorized by the technology center school administrator.
HB 2134 â€" Chris Steele (R). Firearms; carrying of firearms. It would not be a violation of prohibitions found in the Oklahoma Self-Defense Act when a person with a valid SDA license exposes the handgun in a reasonable manner when attempting to store the handgun in the trunk of a motor vehicle or other storage compartment of the motor vehicle. “Concealed handgun†is further defined as a loaded or unloaded pistol, the presence of which is not openly discernible to the ordinary observation of a reasonable person. The fine for failing to identify one’s self as a SDA holder carrying a concealed firearm is a misdemeanor and the fine is decreased from $500 to $100. A fine of $100 will be assessed against an SDA licensee carrying a firearm in a posted business and has been requested to leave when instructed to do so and a law enforcement officer is summoned.
SENATE BILLS
Unless otherwise indicated, all bills, if passed, would become effective November 1, 2011.
SB-15 â€"Josh Brecheen (R). Regulation of commercial pet breeders; repealing the Commercial Pet Breeders Act. Noncodification. Emergency. Upon effective date if thus act any monies in the Commercial Pet Breeders Enforcement Fund shall be transferred to the General Revenue Fund. Being immediately necessary for preservation of the public peace, health and safety, an emergency is declared and will take effect immediately upon passage and approval.
SB72 â€" Jerry Ellis (D). Oklahoma Wildlife Conservation Commission; adding certain exemption. Non-residents who own land in Oklahoma, hunting on their own land, shall be exempt from annual hunting license requirement. Must have proof of land ownership on their person.
SB94 â€" Roger Ballenger (D). Fishing and hunting licenses; adding exemptions. Any legal resident of Oklahoma who as a firefighter or law enforcement officer suffering a disability in the line of duty of 60% is exempt from annual fishing license requirements.
SB128 â€" Mike Schultz (R). Commercial Pet Breeders Act; adding definitions; adding exemption. Codification. Exempts hunting and racing breeds of dogs and those classified as “working dogs,†i.e. herding dogs, guard dogs, search & rescue and service dogs from provisions of the Commercial Pet Breeders Act.
SB129 â€" Steve Russell (R). Hunting wildlife; exempting certain persons from certain prohibitions. Noncodification. Effective date November 1, 2011. Would permit landowner and , their guests to utilize noise suppressors for hunting.. Would not exempt such persons from requirements of the National Firearms Act.
SB285 - Kim David (R). Crimes and punishments; trespass; penalty. Codification. Effective date November 1, 2011. Any person that enters the Governor’s Mansion and its grounds other than where entry to the property is normally be expected is deemed guilty of trespass and upon conviction shall be fined $500 or by confinement to the county jail for not less than 30 days nor more than 6 months or both.
SB-314 â€" John Sparks (D). Oklahoma Wildlife Conservation Code; specifying fee for certain tag. Codification. Effective date. November 1, 2011. Requires a tag supplied by the Oklahoma Dept. of Wildlife Conservation for all animals donated to the Hunters Against Hunger program. Cost of tag: $5.
SB361 â€" Ralph Shortey (R). Wildlife; prohibiting use of certain hunting aids; defining terms; providing exception; specifying penalty. Codification. Effective date November 1, 2011. Except for battery powered scoping devices that project a light or dot inside the scope and pin sight lights on archery equipment, no person may use a laser sighting device as a hunting aid. Laser sighting device is defined as an artificial light or any form that cast or reflects a beam of light onto or otherwise illuminates wildlife. Does not apply to persons who are 100% disabled as certified by a physician if the person is hunting on private property and accompanied by a licensed hunter.
SB370 â€" John Sparks (D). Oklahoma Wildlife Conservation Code; providing for the inheritance of certain lifetime licenses. Effective date November 1, 2011. Any legal resident of Oklahoma for 6 months may purchase a Lifetime hunting or fishing license or combination license. The fee: Lifetime Fishing -$200; Lifetime Hunting - $600; Combination - $750.; Senior citizen (65 years and over) Hunting $15; Fishing $15, Combination $$25. Disabled veterans with less than 60% disability may purchase a Lifetime Combination license for $200; For those over 60% disability the cost is $25. Lifetime license holders do not lose privileges of license with a change of residency. Lifetime license holders under 65 years must purchase a Lifetime Oklahoma Wildlife Land Stamp for $25.
SB759 â€" Steve Russell (R). Firearms; clarifying reference. Effective date November 1, 2011. Any person who points a pistol or other deadly weapon, whether loaded or unloaded, at any person or persons upon conviction shall be guilty of a misdemeanor. Any one found guilty and holding an SDA license shall be subject to an administrative violation.
SB773 â€" Eddie Fields (R). Commercial pet breeders; updating language; requiring rule approval by Department of Agriculture, Food and Forestry. Emergency. All rules, procedures and forms necessary to enforce and administer the Commercial Pet Breeders Act must be approved by the Dept. of Agriculture, Food and Forestry. Commercial pet breeders licensed by the U.S. Dept. of Agriculture shall pay no licensing fees to the state. Establishes the “Commercial Pet Breeders Enforcement Revolving Fund.†Establishes a list of currently licensed breeders and a list of pet breeders who have been denied a license on website. Annual reports are required of all licensed breeders. Unlicensed breeders will be charged with a criminal offense. Fines range for violations are not to exceed $500 , while other violations may not exceed $1,000.
SB799 â€" Charles Laster (D). Oklahoma Self-Defense Act; application; inadvertent omission. Any false or misleading statement on an SDA handgun license submitted that the applicant can prove to the satisfaction of OSBI was an inadvertent omission of nonmaterial fact and such fact would not have resulted in denial, on the application shall not preclude a person as eligible for an SDA license.
SB828 â€" John Sparks (D). Trespassing; modifying permission requirement for entering certain land; modifying penalties; making shooting from a public road, highway, or railroad right-of-way onto certain land a trespass. Any person who shoots from or across a public road, highway or railroad right-of-way onto a commercial big game hunting area, upon conviction, will be subject to not less $2,500 but not more than$10,00 fine or confinement in the county jail or both.
SB829 â€" John Sparks (D). Trespassing; modifying penalties for trespass on certain lands. Increases the fine for trespass from $500 to $1,500 up to $2,500. Second conviction would raise fine from $1,500 to $2,500 up to $5,000.
SB845 â€" Steve Russell (R). Oklahoma Self-Defense Act; preclusions. Preclude a person from eligibil9ty for an SDA license. “Adjudication as an incompetent person as the following: a) a determination by a court, board , commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition or disease, 1) is a danger to himself or herself or to others or, 2) lacks the mental capacity to contract or manage his or her own affairs. b ) a finding of insanity by a court in a criminal case, c) persons found incompetent to stand traal or found not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice,10 U.S.C.850a and 876b. Does not preclude any person, veteran or nonveteran, who has been successfully treated for Post Traumatic Stress.
SB855 â€" Jim Halligan (R). Crimes and punishments; reckless conduct; look-alike weapon; penalty. Codification. Would make unlawful for any person to engage in reckless conduct with a weapon, look-alike weapon, or any object that could be mistaken for a weapon or dangerous object that could cause physical or mental distress on school property immediately before, during and after school hours on school property or land used by school groups or property for a school activity approved by the principle, or within 1,000 feet of a public, parochial or private school during school hours. Any one found guilty would be subject to a misdemeanor and punishable by $500 fine or confinement to the county jail not exceed 1 year or an community service not exceed 60 hours or by fine, confinement and community service.
SB856 â€" Steve Russell (R). Crimes and punishments; Oklahoma Self-Defense Act; conditions for carry. Spells out provisions for carrying loaded and unloaded shotguns, rifles, and pistols without a handgun license, i.e. hunting, competitions, military functions, police functions and during practice for a performance for entertainment purposes. Added, “When carried in a holster that is wholly or partially visible or in a scabbard, case or with a sling designed for carrying firearms that is wholly or partially visible and the person is 18 years or older.†Persons shall be prohibited from carrying the firearm into any place(s) prohibited under SDA provisions.
SB858 â€" Steve Russell (R). Crimes and punishments; unlawful carry; college and university property. “Any person who possesses a valid concealed handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act or who is certified by the Council on Law Enforcement, Education and Training to carry a weapon shall be authorized to carry the concealed handgun into or upon any public college or university property†Public colleges and universities may restrict or prohibit persons with concealed handgun license into any access-controlled event where all persons entering the event are subject o security checkpoint screening by immediately available security personnel.
SB893 â€" Ralph Shortey (R). Crimes and punishments; creating Jerome Ersland Act; specifying. Codification. A homicide shall be presumed to be justified if the deceased was committing an act o armed robbery at or shortly before the action that led to the death of the person and the homicide occurred on the property where the armed robbery had taken place.. This presumption is rebuttable by clear and convincing evidence that the homicide was not in self-defense or the defense of others.
SB894 â€" Ralph Shortey (R). Crimes and punishments; creating Jerome Ersland Act; specifying circumstances under which homicide presumed justified. Codification. Noncodification. There shall be a presumption that a homicide occurred in self-dfense or in defense of others if: the decease was engaged in an armed robbery at or shortly before the death of the person, the homicide was in close proximity to the armed robbery and the homicide occurred on the property where the armed robbery had taken place. The presumption is rebutted by clear and convincing evidence that the homicide was not in self-defense.
SB900 â€" Ralph Shortey (R). Oklahoma Self-Defense Act; updating language. It is unlawful for any person to carry a concealed handgun in this state, except as hereby authorized by the provisions of the Oklahoma Self-Defense Act or as may otherwise be provided by law.
SB952 â€" Jonathan Nichols (R). Crimes and punishments; clarifying weapon. Every person who, with intent to do bodily harm without justifiable or excusable cause, commits any assault, battery, or assault and battery upon a person with any sharp or dangerous weapon, whether the item was originally intended to be a weapon or not or without cause shoots at another person with any kind of firearm, air gun, conductive energy weapon or other means with intent to injure although without intent to kill or commit a felony is guilty of a felony and may be imprisoned in the State Penitentiary not exceeding 10years or in a county jail not exceeding 1 year.
