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OKLAHOMA - Bureau of Alcohol_ Tobacco_ Firearms and Explosives

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					    (d)(1) Whoever violates Subsection (a) hereof     "grandfathered" by the provisions of section          Toledo Police Command Officer pursuant to
is guilty of a misdemeanor of the first degree.       549.23(d)(1) or (d)(2) by inheritance from an im-     Section 2109.88.
   (2) Whoever violates subsection (c) hereof is      mediate family member (grandparent, parent,              (d) Any person who acquires ownership of a
guilty of a minor misdemeanor.                        spouse, son, daughter, brother or sister) shall       handgun described in “A” above, by inheritance
   549.23. Possession of certain semi-auto-           not be in violation of this ordinance so long as      or otherwise by operation of law shall not be in
matic firearms prohibited, large capacity             they complete a Toledo Certain Semi-Automatic         violation of this section if the person takes pos-
magazines prohibited, Acknowledgement                 Firearms Prohibited Acknowledgement Form              session of such handgun solely for the purpose
Form.                                                 within 60 days of acquiring ownership.                of disposing of it, rendering it permanently inop-
   (a) No person shall knowingly sell, deliver,          (g) Whoever violates this section shall be guil-   erable, or permanently making it a device no
rent, lease, display for sale, transfer ownership     ty of a misdemeanor of the first degree.              longer described in this section, provided that
or possess certain semi-automatic firearms in            549.25. Certain handguns prohibited.               within 30 days of acquiring ownership the per-
the City of Toledo.                                      (A) The possession or sale of handguns with        son in fact disposes of it, renders it permanently
   (b) No person shall knowingly possess a de-        the following characteristics is prohibited:          inoperable, or permanently converts it into a de-
tachable ammunition magazine loaded with                 (1) A revolver or single shot handguns which:      vice no longer prohibited by this section.
more than ten (10) rounds of ammunition.                 (a) Has an overall frame length with conven-          (e) No person shall be subject to prosecution
   (c) This section shall not apply to any assault    tional grips, not measured diagonally of less         under any section of Chapter 549 who
weapons or any detachable ammunition maga-            than 4½"; or                                          voluntarily presents a handgun for inspection to
zines loaded with more than ten (10) rounds              (b) Has a barrel length of less than 3": or        the Toledo Police Department or who is
possessed or used by a law enforcement officer           (c) Fails to pass a safety test as follows: A      transporting the handgun(s) for the purpose of
or law enforcement agency as provided for in          Double Action Revolver must have a safety             having the handgun inspected or turning the
Section 549.21, or any detachable ammunition          mechanism which automatically (or in a Single         handgun in. Any gun confiscated by the police
magazine loaded with more than ten (10) rounds        Action Revolver by manual operation) causes           pursuant to such an inspection will be held for at
which was purchased by a Toledo Police Patrol         the hammer to retract to a point where the firing     least 10 days for the owner to provide an
Officer pursuant to Section 2129.90 or a Toledo       pin does not rest upon the primer of the cart-        address out-side of the city where such gun can
Police Command Officer pursuant to Section            ridge or when not in lawful use an external lock-     be shipped.
2109.88.                                              ing or safety device which prevents the firearm          (f) Any handgun manufactured 50 or more
   (d) It shall be an affirmative defense to prose-   from discharging; or                                  years ago, or any handgun determined by the
cution under this section that either:                   (d) Fails to achieve a score of forty-five (45)    U.S.B.A.T.F. to be a relic or curio, or replica of a
   (1) At the time of violation the offender pos-     points as set forth in Appendix “A” of this chap-     relic or curio or any firearm that does not fire
sessed a Toledo Certain Semi-Automatic Fire-          ter;                                                  fixed ammunition. (e.g. Black Powder Guns)
arms Prohibited Acknowledgement Form de-                 (2) A semiautomatic handgun which                     (g) Any person who acquires ownership of a
scribing by make, model and serial number the            (a) Does not have a positive manually oper-        “grandfathered” prohibited handgun (handguns
firearm(s) which would otherwise be unlawful to       ated safety device or a double action trigger pull;   that had previously been in compliance by virtue
possess under this section and which form was         or when not in lawful use an external locking or      of having been properly listed on a Handgun
signed by the person charged with the violation       safety device which prevents the firearm from         Acknowledgement form by an owner who had a
and acknowledgement before a Notary Public on         discharging, or;                                      valid Handgun Identification Card) by inheritance
or before the effective date of this section;            (b) Has a combined length and height of less       or otherwise by operation of law shall not be in
   (2) That the offender provides a copy of the       than 10” with the height (right angle measure-        violation of this section, so long as they obtain a
federal form 4473 showing proof of purchase           ment to barrel without magazine or extension)         Handgun Identification Card and complete a
date prior to the enactment of this ordinance and     being at least 4” and the length being at least 6”;   Toledo Handgun Acknowledgement Form within
signed by the current possessor.                      or                                                    30 days of acquiring ownership.
   (3) That the proof of date of ownership or pur-       (c) Fails to achieve a score of seventy-five          (D) It shall be an affirmative defense to prose-
chase provisions of (d)(1) or (d)(2) apply and the    (75) points as set forth in Appendix “A” of this      cution under this section that at the time of the
offender is an immediate family member of the         chapter.                                              violation the offender possessed:
person indicated as the owner of the firearm and         (B) No person shall sell, transfer, give, offer       (1) a valid handgun owner’s identification
is not otherwise prohibited from possessing fire-     for sale or possess any handgun described in          card; and
arms.                                                 “A” above.                                               (2) a Toledo Handgun Acknowledgement form
   (e) Any person who acquires ownership of a            (1) Whoever violates this section is guilty of a   describing by make, model and serial number
prohibited semi-automatic firearm by inheritance      misdemeanor of the first degree.                      the handgun(s) which would otherwise be un-
or otherwise by operation of law shall not be in         (C) Exceptions.                                    lawful to possess under this section and which
violation of this ordinance if the person takes          (1) Whether or not they are prohibited by “A”      form was signed by the person charged with the
possession of such prohibited semi-automatic          above, the following handguns are exempted            violation and acknowledged before a Notary
firearm solely for the purpose of disposing of it,    from this section:                                    Public on or before the effective date of this sec-
rendering it permanently inoperable, or perma-           (a) Any handgun which is an antique or relic       tion;
nently making it a devise no longer classified as     firearm, acquired primarily for display or invest-       (E) The Toledo Handgun Acknowledgment
a prohibited semi-automatic firearm provided          ment, and not for the purpose of firing.              form, Notice, and Appendix A shall be mailed to
that within 60 days of acquiring ownership the           (b) Any handgun which has been modified to         all persons who possess a Handgun Identifi-
person in fact disposes of it, renders it perma-      either render it permanently inoperable or to         cation Permit. …
nently inoperable, or permanently makes it a de-      make it a device no longer prohibited by "A"
vice no longer classified as a prohibited semi-       above.                                                [Toledo Municipal Code, current through
automatic firearm.                                       (c) Any handgun possessed or used by a law         January 1, 2009]
   (f) Any person who otherwise is not prohibited     enforcement officer or law enforcement agency
from firearms ownership and who acquires own-         or a handgun purchased by a retired Toledo Po-
ership of a certain semi automatic firearm that is    lice patrol officer pursuant to Section 2129.90 or




                                                                     OKLAHOMA
                                                                     OKLA. STAT.
      Title 21. Crimes and Punishments                   1271.1. Detention or arrest of person                  A. Whenever a person under eighteen (18)
                                                      under 18 years--Confiscation and forfeiture           years of age is detained or arrested by a law en-
   Chapter 53. Manufacturing, Selling and             of prohibited weapons and firearms--                  forcement officer and is carrying any weapon or
             Wearing Weapons                          Disposition of forfeited weapons and                  firearm prohibited by Section 1272 of this title,
                                                      firearms                                              each such prohibited weapon and firearm may
                                                                                                            be confiscated and forfeited to the State of Okla-

                                                                                                                                                     Page 378
homa by the law enforcement authority. Such           punishable as provided in Section 1276 of this          fine of Fifty Dollars ($50.00) upon a hearing and
confiscation and forfeiture shall not require that    title.                                                  determination by the Oklahoma State Bureau of
criminal charges be filed against the minor.              1273. Allowing minors to possess firearms           Investigation that the person is in violation of the
   B. However, when a weapon or firearm con-              A. It shall be unlawful for any person within       provisions of this section.
fiscated pursuant to the provisions of this section   this state to sell or give to any child any of the          1277. Unlawful carry in certain places
has been taken by a minor without the permis-         arms or weapons designated in Section 1272 of               A. It shall be unlawful for any person in pos-
sion of the owner, the weapon or firearm shall        this title; provided, the provisions of this section    session of a valid concealed handgun license is-
be returned to the owner pursuant to the proced-      shall not prohibit a parent from giving his or her      sued pursuant to the provisions of the Oklahoma
ures provided in Section 1321 of Title 22 of the      child a rifle or shotgun for participation in hunting   Self-Defense Act to carry any concealed
Oklahoma Statutes, provided the possession of         animals or fowl, hunter safety classes, target          handgun into any of the following places:…
such weapon or firearm by the owner is not            shooting, skeet, trap or other recognized sport-            4. Any elementary or secondary school, or
otherwise prohibited by law.                          ing events, except as provided in subsection B          technology center school property;…
   C. Any weapon or firearm confiscated and for-      of this section.                                            1279. Misdemeanor pointing a firearm
feited by any law enforcement authority may be            B. It shall be unlawful for any parent or guard-    Except for an act of self-defense, it shall be
sold at public auction, or when no longer needed      ian to intentionally, knowingly, or recklessly per-     unlawful for any person to point any pistol or any
as evidence in the criminal proceeding the con-       mit his or her child to possess any of the arms or      other deadly weapon whether loaded or not, at
fiscating authority may lease any firearm confis-     weapons designated in Section 1272 of this title,       any other person or persons. Any person
cated and forfeited by law pursuant to this sec-      including any rifle or shotgun, if such parent is       violating the provisions of this section shall,
tion to any law enforcement agency for a period       aware of a substantial risk that the child will use     upon conviction, be guilty of a misdemeanor
of one (1) year. Such lease may be renewed            the weapon to commit a criminal offense or if the       punishable as provided in Section 1280 of this
each year thereafter at the discretion of such        child has either been adjudicated a delinquent or       title.
authority to assist in the enforcement of the laws    has been convicted as an adult for any criminal             Any person convicted of violating the provi-
of this state or its political subdivisions. Any      offense.                                                sions of this section after having been issued a
weapon or firearm deemed by the confiscating              C. It shall be unlawful for any child to possess    concealed handgun license pursuant to the pro-
authority to be inappropriate for lease or sale       any of the arms or weapons designated in Sec-           visions of the Oklahoma Self-Defense Act, Sec-
shall be destroyed.                                   tion 1272 of this title, except rifles or shotguns      tions 1 through 25 of this act, may be subject to
   D. For purposes of this section, the term "con-    used for participation in hunting animals or fowl,      an administrative violation as provided in Sec-
fiscate" shall not be construed to prohibit any       hunter safety classes, target shooting, skeet,          tion 1280 of this title.
parent, guardian or other adult person from re-       trap or other recognized sporting event. Pro-               1280. Penalty for 1279
moving or otherwise seizing from any minor any        vided, the possession of rifles or shotguns au-             Any person violating the provisions of Section
weapon or firearm in the minor's possession.          thorized by this section shall not authorize the        1279 of this title, upon conviction, shall be guilty
Provided however, no school authority shall re-       possession of such weapons by any person who            of a misdemeanor. The person offending shall
turn any weapon or firearm removed or other-          is subject to the provisions of Section 1283 of         be punished by a fine of not less than One
wise seized from any minor to any person, and         this title.                                             Hundred Dollars ($100.00) nor more than One
shall immediately deliver such weapon or fire-            D. Any person violating the provisions of this      Thousand Dollars ($1,000.00) and shall be
arm to a law enforcement authority for prosecu-       section shall, upon conviction, be punished as          imprisoned in the county jail for a period not less
tion and forfeiture.                                  provided in Section 1276 of this title, and, any        than three (3) nor more than twelve (12) months.
   1272. Unlawful Carry                               child violating the provisions of this section shall    Any person convicted of violating the provisions
   A. It shall be unlawful for any person to carry    be subject to adjudication as a delinquent. In ad-      of Section 1279 of this title after having been
upon or about his or her person, or in a purse or     dition, any person violating the provisions of this     issued a handgun license pursuant to the
other container belonging to the person, any pis-     section shall be liable for civil damages for any       provisions of the Oklahoma Self-Defense Act,
tol, revolver, shotgun or rifle whether loaded or     injury or death to any person and for any dam-          Sections l through 25 of this act, shall have the
unloaded … or any other offensive weapon,             age to property resulting from any discharge of a       handgun license permanently revoked and shall
whether such weapon be concealed or uncon-            firearm or use of any other weapon as provided          be liable for an administrative fine of Fifty Dollars
cealed, except this section shall not prohibit:       in Section 10 of Title 23 of the Oklahoma Stat-         ($50.00) upon a hearing and determination by
   1. The proper use of guns and knives for           utes. Any person convicted of violating the provi-      the Oklahoma State Bureau of Investigation that
hunting, fishing, educational or recreational pur-    sions of this section after having been issued a        the person is in violation of the provisions of this
poses;                                                concealed handgun license pursuant to the pro-          section.
   2. The carrying or use of weapons in a man-        visions of the Oklahoma Self-Defense Act may                1280.1. Possession of firearm on school
ner otherwise permitted by statute or authorized      be liable for an administrative violation as pro-       property
by the Oklahoma Self-Defense Act;                     vided in Section 1276 of this title.                        A. It shall be unlawful for any person to have
   3. The carrying, possession and use of any             E. As used in this section, "child" means a         in his or her possession on any public or private
weapon by a peace officer or other person au-         person under eighteen (18) years of age.                school property or while in any school bus or ve-
thorized by law to carry a weapon in the per-             1276. Penalty for 1272 and 1273                     hicle used by any school for transportation of
formance of official duties and in compliance         Any person violating the provisions of Section          students or teachers any firearm or weapon des-
with the rules of the employing agency;               1272 or 1273 shall, upon a first conviction, be         ignated in Section 1272 of this title, except as
   4. The carrying or use of weapons in a             adjudged guilty of a misdemeanor and the party          provided in subsection C of this section or as
courthouse by a district judge, associate district    offending shall be punished by a fine of not less       otherwise authorized by law.
judge or special district judge within this state,    than One Hundred Dollars ($100.00) nor more                 B. "School property" means any publicly or
who is in possession of a valid concealed             than Two Hundred Fifty Dollars ($250.00), or by         privately owned property held for purposes of el-
handgun license issued pursuant to the                imprisonment in the county jail for a period not to     ementary, secondary or vocational-technical ed-
provisions of the Oklahoma Self-Defense Act           exceed thirty (30) days or both such fine and           ucation, and shall not include property owned by
and whose name appears on a list maintained           imprisonment. On the second and every                   public school districts or private educational enti-
by the Administrative Director of the Courts; or      subsequent violation, the party offending shall,        ties where such property is leased or rented to
   5. The carrying and use of firearms and other      upon conviction, be punished by a fine of not           an individual or corporation and used for pur-
weapons provided in this subsection when used         less than Two Hundred Fifty Dollars ($250.00)           poses other than educational.
for the purpose of living history reenactment. For    nor more than Five Hundred Dollars ($500.00),               C. Firearms and weapons are allowed on
purposes of this paragraph, “living history reen-     or by imprisonment in the county jail for a period      school property and deemed not in violation of
actment” means depiction of historical charac-        not less than thirty (30) days nor more than            subsection A of this section as follows:
ters, scenes, historical life or events for enter-    three (3) months, or by both such fine and                  1. A gun or knife designed for hunting or fish-
tainment, education, or historical documentation      imprisonment.                                           ing purposes kept in a privately owned vehicle
through the wearing or use of period, historical,         Any person convicted of violating the provi-        and properly displayed or stored as required by
antique or vintage clothing, accessories, fire-       sions of Section 1272 or 1273 after having been         law, or a handgun carried in a vehicle pursuant
arms, weapons, and other implements of the            issued a concealed handgun license pursuant to          to a valid handgun license authorized by the Ok-
historical period.                                    the provisions of the Oklahoma Self-Defense             lahoma Self-Defense Act, provided such vehicle
   B. Any person convicted of violating the fore-     Act, Sections 1 through 25 of this act, shall have      containing said gun or knife is driven onto school
going provision shall be guilty of a misdemeanor      the license suspended for a period of six (6)           property only to transport a student to and from
                                                      months and shall be liable for an administrative

                                                                                                                                                        Page 379
school and such vehicle does not remain unat-             D. It shall be unlawful for any person previ-      of the Treasury and provided further that such
tended on school property;                             ously adjudicated as a delinquent child or a          residents conform to the provisions of law ap-
    2. A gun or knife used for the purposes of par-    youthful offender for the commission of an of-        plicable to such purchase in the State of Okla-
ticipating in the Oklahoma Department of Wild-         fense, which would have constituted a felony of-      homa and in the state in which such persons
life Conservation certified hunter training educa-     fense if committed by an adult, to have in said       reside.
tion course or any other hunting, fishing, safety      person's possession or under the person's im-
or firearms training courses, or a recognized fire-    mediate control, or have in any vehicle which he              Oklahoma Firearms Act of 1971
arms sports event, team shooting program or            or she is driving or in which said person is riding
competition, or living history reenactment, pro-       as a passenger, or at the person's residence,            1289.1. Oklahoma Firearms Act of 1971
vided the course or event is approved by the           any pistol, imitation or homemade pistol, altered     Sections 1289.1 through 1289.17 of this title
principal or chief administrator of the school         air or toy pistol, machine gun, sawed-off shotgun     may be known and cited as the "Oklahoma
where the course or event is offered, and pro-         or rifle, or any other dangerous or deadly firearm    Firearms Act of 1971."
vided the weapon is properly displayed or stored       within ten (10) years after such adjudication.           1289.3. Definitions for Firearms Act --
as required by law pending participation in the           E. Any person having been issued a conceal-        Pistols "Pistols" as used in the Oklahoma
course, event, program or competition; and             ed handgun license pursuant to the provisions of      Firearms Act of 1971, Sections 1289.1 through
    3. Weapons in the possession of any peace          the Oklahoma Self-Defense Act and who                 1289.17 of this title, shall mean any firearm
officer or other person authorized by law to pos-      thereafter knowingly or intentionally allows a        capable of discharging a projectile composed of
sess a weapon in the performance of their duties       convicted felon or adjudicated delinquent or a        any material which may reasonably be expected
and responsibilities.                                  youthful offender as prohibited by the provisions     to be able to cause lethal injury, with a barrel or
    D. Any person violating the provisions of this     of subsection A, C, or D of this section to           barrels less than sixteen (16) inches in length,
section shall, upon conviction, be guilty of a fel-    possess or have control of any pistol authorized      and using either gunpowder, gas or any means
ony punishable by a fine not to exceed Five            by the Oklahoma Self-Defense Act shall, upon          of rocket propulsion, but not to include flare
Thousand Dollars ($5,000.00), and imprison-            conviction, be guilty of a felony punishable by a     guns, underwater fishing guns or blank pistols.
ment for not more than two (2) years. Any per-         fine not to exceed Five Thousand Dollars                 1289.4. Definitions for Firearms Act --
son convicted of violating the provisions of this      ($5,000.00). In addition, the person shall have       Rifles "Rifles" as used in the Oklahoma
section after having been issued a concealed           the handgun license revoked by the Oklahoma           Firearms Act of 1971, Sections 1289.1 through
handgun license pursuant to the provisions of          State Bureau of Investigation after a hearing and     1289.17 of this title, shall mean any firearm
the Oklahoma Self-Defense Act shall have the li-       determination that the person has violated the        capable of discharging a projectile composed of
cense permanently revoked and shall be liable          provisions of this section.                           any material which may reasonably be expected
for an administrative fine of One Hundred Dol-            F. Any convicted or adjudicated person violat-     to be able to cause lethal injury, with a barrel or
lars ($100.00) upon a hearing and determination        ing the provisions of this section shall, upon con-   barrels more than sixteen (16) inches in length,
by the Oklahoma State Bureau of Investigation          viction, be guilty of a felony punishable as pro-     and using either gunpowder, gas or any means
that the person is in violation of the provisions of   vided in Section 1284 of this title.                  of rocket propulsion, but not to include archery
this section.                                             G. For purposes of this section, "sawed-off        equipment, flare guns or underwater fishing
    1281. Manufacturing slung shot                     shotgun or rifle" shall mean any shotgun or rifle     guns. In addition, any rifle capable of firing
    Any person who manufactures or causes to           which has been shortened to any length.               "shot" but primarily designed to fire single
be manufactured, or sells or offers or keeps for          H. For purposes of this section, "altered toy      projectiles will be regarded as a "rifle".
sale or disposes of any instrument or weapon of        pistol" shall mean any toy weapon which has              1289.5. Definitions for Firearms Act --
the kind usually known as slung shot, or of any        been altered from its original manufactured state     Shotguns "Shotguns" as used in the Oklahoma
similar kind, is guilty of a misdemeanor.              to resemble a real weapon.                            Firearms Act of 1971, Sections 1289.1 through
    1283. Convicted felons and delinquents                I. For purposes of this section, "altered air      1289.17 of this title, shall mean any firearm
    A. Except as provided in subsection B of this      pistol" shall mean any air pistol manufactured to     capable of discharging a series of projectiles of
section, it shall be unlawful for any person con-      propel projectiles by air pressure which has          any material which may reasonably be expected
victed of any felony in any court of this state or     been altered from its original manufactured           to be able to cause lethal injury, with a barrel or
of another state or of the United States to have       state.                                                barrels more than eighteen (18) inches in length,
in his or her possession or under his or her im-          1284. Penalty for 1283                             and using either gunpowder, gas or any means
mediate control, or in any vehicle which the per-       Any previously convicted or adjudicated person       of rocket propulsion, but not to include any
son is operating, or in which the person is riding     who violates any provision of Section 1283 of         weapon so designed with a barrel less than
as a passenger, or at the residence where the          this title shall be guilty of a felony and, upon      eighteen (18) inches in length. In addition, any
convicted person resides, any pistol, imitation or     conviction thereof, shall be punished by              "shotgun" capable of firing single projectiles but
homemade pistol, altered air or toy pistol,            imprisonment in the State Penitentiary for a          primarily designed to fire multiple projectiles
machine gun, sawed-off shotgun or rifle, or any        period not less than one (1) year nor more than       such as "shot" will be regarded as a "shotgun".
other dangerous or deadly firearm.                     ten (10) years.                                          1289.7a. Transporting or storing firearms
    B. Any person who has previously been con-            1288. Purchases of firearms, ammunition            in locked motor vehicle on private
victed of a nonviolent felony in any court of this     and equipment in contiguous states by Ok-             premises—Prohibition proscribed--Liability--
state or of another state or of the United States,     lahoma residents - Purchases in Oklahoma              Enforcement
and who has received a full and complete par-          by residents of contiguous states                         A. No person, property owner, tenant,
don from the proper authority and has not been            (a) Residents of the State of Oklahoma may         employer, or business entity shall maintain,
convicted of any other felony offense which has        purchase rifles, shotguns, ammunition, cartridge      establish, or enforce any policy or rule that has
not been pardoned, shall have restored the right       and shotgun shell handloading components and          the effect of prohibiting any person, except a
to possess any firearm or other weapon prohibit-       equipment in a state contiguous to the State of       convicted felon, from transporting and storing
ed by subsection A of this section, the right to       Oklahoma, provided that such residents conform        firearms in a locked motor vehicle, or from
apply for and carry a concealed handgun pursu-         to the applicable provisions of the Federal Gun       transporting and storing firearms locked in or
ant to the Oklahoma Self-Defense Act, and the          Control Act of 1968, and regulations thereunder,      locked to a motor vehicle on any property set
right to perform the duties of a peace officer,        as administered by the United States Secretary        aside for any motor vehicle.
gunsmith, or for firearms repair.                      of the Treasury, and provided further that such          B. No person, property owner, tenant,
    C. It shall be unlawful for any person super-      residents conform to the provisions of law ap-        employer, or business entity shall be liable in
vised by the Department of Corrections or any          plicable to such purchase in the State of Okla-       any civil action for occurrences which result from
division thereof to have in his or her possession      homa and in the contiguous state in which the         the storing of firearms in a locked motor vehicle
or under his or her immediate control, or at his       purchase is made.                                     on any property set aside for any motor vehicle,
or her residence, or in any passenger vehicle             (b) Residents of a state contiguous to the         unless the person, property owner, tenant,
which the supervised person is operating or is         State of Oklahoma may purchase rifles, shot-          employer, or owner of the business entity
riding as a passenger, any pistol, shotgun or          guns, ammunition, cartridge and shotgun shell         commits a criminal act involving the use of the
rifle, including any imitation or homemade pistol,     handloading components and equipment in the           firearms. The provisions of this subsection shall
altered air or toy pistol, shotgun or rifle, while     State of Oklahoma, provided that such residents       not apply to claims pursuant to the Workers'
such person is subject to supervision, probation,      conform to the applicable provisions of the Gun       Compensation Act.
parole or inmate status.                               Control Act of 1968, and regulations thereunder,         C. An individual may bring a civil action to
                                                       as administered by the United States Secretary        enforce this section. If a plaintiff prevails in a civil

                                                                                                                                                         Page 380
action related to the personnel manual against a        months and shall be liable for an administrative       the county jail for not less than ten (10) days nor
person, property owner, tenant, employer or             fine of Fifty Dollars ($50.00), upon a hearing and     more than six (6) months, or by both such fine
business for a violation of this section, the court     determination by the Oklahoma State Bureau of          and imprisonment.
shall award actual damages, enjoin further              Investigation that the person is in violation of the       1289.16. Felony pointing firearms It shall be
violations of this section, and award court costs       provisions of this section.                            unlawful for any person to willfully or without
and attorney fees to the prevailing plaintiff.              1289.13. Transporting a loaded firearm             lawful cause point a shotgun, rifle or pistol, or
   D. As used in this section, "motor vehicle"          Except as otherwise provided by the provisions         any deadly weapon, whether loaded or not, at
means any automobile, truck, minivan, sports            of the Oklahoma Self-Defense Act or another            any person or persons for the purpose of
utility vehicle, motorcycle, motor scooter, and         provision of law, it shall be unlawful to transport    threatening or with the intention of discharging
any other vehicle required to be registered under       a loaded pistol, rifle or shotgun in a landborne       the firearm or with any malice or for any purpose
the Oklahoma Vehicle License and Registration           motor vehicle over a public highway or roadway.        of injuring, either through physical injury or
Act.                                                    However, a rifle or shotgun may be transported         mental or emotional intimidation or for purposes
   1289.10.       Furnishing        firearms      to    clip or magazine loaded and not chamber                of whimsy, humor or prank, or in anger or
incompetent persons It shall be unlawful for            loaded when transported in an exterior locked          otherwise, but not to include the pointing of
any person to knowingly transmit, transfer, sell,       compartment of the vehicle or trunk of the vehi-       shotguns, rifles or pistols by law enforcement
lend or furnish any shotgun, rifle or pistol to any     cle or in the interior compartment of the vehicle      authorities in the performance of their duties,
person who is under an adjudication of mental           notwithstanding the provisions of Section 1289.7       members of the state military forces in the
incompetency, or to any person who is mentally          of this title when the person is in possession of a    performance of their duties, members of the
deficient or of unsound mind. Any person                valid handgun license pursuant to the Oklahoma         federal military reserve and active military
convicted of a violation of the provisions of this      Self-Defense Act.                                      components in the performance of their duties,
section shall be punished as provided in Section            Any person convicted of a violation of this        or any federal government law enforcement
1289.15 of this title.                                  section shall be punished as provided in Section       officer in the performance of any duty, or in the
   Any person convicted of a violation of the pro-      1289.15 of this title.                                 performance of a play on stage, rodeo,
visions of this section after having been issued a          Any person who is the operator of a vehicle or     television or on film, or in defense of any person,
concealed handgun license pursuant to the pro-          is a passenger in any vehicle wherein another          one's home or property. Any person convicted of
visions of the Oklahoma Self-Defense Act, Sec-          person who is licensed pursuant to the Oklaho-         a violation of the provisions of this section shall
tion 1290.1 et seq. of this title, shall have the li-   ma Self-Defense Act to carry a concealed hand-         be punished as provided in Section 1289.17 of
cense suspended for a term of six (6) months            gun and is carrying a concealed handgun or has         this title.
and shall be subject to an administrative fine of       concealed a handgun or rifle or shotgun in such            Any person convicted of a violation of the pro-
Fifty Dollars ($50.00), upon a hearing and deter-       vehicle shall not be deemed in violation of the        visions of this section after having been issued a
mination by the Oklahoma State Bureau of In-            provisions of this section provided the licensee       concealed handgun license pursuant to the Ok-
vestigation that the person is in violation of the      is in or near the vehicle.                             lahoma Self-Defense Act, Sections 1 through 25
provisions of this section.                                 1289.13A. Improper transportation of               of this act, shall have the license revoked and
   1289.11. Reckless conduct It shall be un-            firearm--Fine and court costs--Confiscation            shall be subject to an administrative fine of One
lawful for any person to engage in reckless con-        of firearm                                             Thousand Dollars ($1,000.00), upon a hearing
duct while having in his or her possession any              A. Notwithstanding the provisions of Section       and determination by the Oklahoma State Bur-
shotgun, rifle or pistol, such actions consisting of    1272 or 1289.13 of this title, any person stopped      eau of Investigation that the person is in viola-
creating a situation of unreasonable risk and           pursuant to a moving traffic violation who is          tion of the provisions of this section.
probability of death or great bodily harm to an-        transporting a loaded pistol in the motor vehicle          1289.17. Penalties for 1289.16 Any violation
other, and demonstrating a conscious disregard          without a valid concealed handgun permit au-           of Section 1289.16 of this title shall constitute a
for the safety of another person. Any person            thorized by the Oklahoma Self-Defense Act or           felony, for which a person convicted thereof
convicted of violating the provisions of this sec-      valid license from another state, whether the          shall be sentenced to imprisonment in the State
tion shall be punished as provided in Section           loaded firearm is concealed or open in the vehi-       Penitentiary for not less than one (1) year nor
1289.15 of this title.                                  cle, shall be issued a traffic citation in the a-      more than ten (10) years.
   Any person convicted of a violation of the pro-      mount of Seventy Dollars ($70.00), plus court              1289.18. Definitions
visions of this section after having been issued a      costs for transporting a firearm improperly. In            A. "Sawed-off shotgun" shall mean any fire-
concealed handgun license pursuant to the Ok-           addition to the traffic citation provided in this      arm capable of discharging a series of projec-
lahoma Self-Defense Act, Sections 1 through 25          section, the person may also be arrested for any       tiles of any material which may reasonably be
of this act, shall have the license revoked and         other violation of law.                                expected to be able to cause lethal injury, with a
shall be subject to an administrative fine of One           B. When the arresting officer determines that      barrel or barrels less than eighteen (18) inches
Thousand Dollars ($1,000.00), upon a hearing            a valid handgun license exists, pursuant to the        in length, and using either gunpowder, gas or
and determination by the Oklahoma State Bur-            Oklahoma Self-Defense Act or any provision of          any means of rocket propulsion.
eau of Investigation that the person is in viola-       law from another state, for any person in the              B. "Sawed-off rifle" shall mean any rifle hav-
tion of the provisions of this section.                 stopped vehicle, any firearms permitted to be          ing a barrel or barrels of less than sixteen (16)
   1289.12. Giving firearms to convicted                carried pursuant to that license shall not be con-     inches in length or any weapon made from a rifle
persons It shall be unlawful for any person             fiscated, unless:                                      (whether by alteration, modification, or other-
within this state to knowingly sell, trade, give,           1. The person is arrested for violating another    wise) if such a weapon as modified has an over-
transmit or otherwise cause the transfer of rifles,     provision of law other than a violation of subsec-     all length of less than twenty-six (26) inches in
shotguns or pistols to any convicted felon or an        tion A of this section; provided, however, if the      length, including the stock portion.
adjudicated delinquent, and it shall be unlawful        person is never charged with an offense pursu-             C. Every person who has in his possession or
for any person within this state to knowingly sell,     ant to this paragraph or if the charges are dis-       under his immediate control a sawed-off shotgun
trade, give, transmit or otherwise cause the            missed or the person is acquitted, the weapon          or a sawed-off rifle, whether concealed or not,
transfer of any shotgun, rifle or pistol to any         shall be returned to the person; or                    shall upon conviction be guilty of a felony for the
individual who is under the influence of alcohol            2. The officer has probable cause to believe       possession of such device, and shall be punish-
or drugs or is mentally or emotionally                  the weapon is:                                         able by a fine not to exceed One Thousand Dol-
unbalanced or disturbed. All persons who                    a. contraband, or                                  lars ($1,000.00), or imprisonment in the State
engage in selling, trading or otherwise                     b. a firearm used in the commission of a           Penitentiary for a period not to exceed two (2)
transferring firearms will display this section         crime other than a violation of subsection A of        years, or both such fine and imprisonment.
prominently in full view at or near the point of        this section.                                              D. It is a defense to prosecution under this
normal firearms sale, trade or transfer. Any per-           C. Nothing in this section shall be construed      section, if the approved application form that au-
son convicted of violating the provisions of this       to require confiscation of any firearm.                thorized the making or transfer of the particular
section shall be punished as provided in Section            1289.15. Penalties for Firearms Act of 1971        firearm to the defendant, which indicates the
1289.15 of this title.                                  Any person adjudged guilty of violating any            registration of the firearm to said defendant pur-
   Any person convicted of a violation of this          provision of Section 1289.9, 1289.10, 1289.11,         suant to the National Firearm's Act, is intro-
section after having been issued a concealed            1289.12 or 1289.13 of this title shall, upon           duced.
handgun license pursuant to the Oklahoma Self-          conviction, be punished by a fine of not less than         1289.19. Restricted bullet and body armor
Defense Act, Sections 1 through 25 of this act,         Fifty Dollars ($50.00) nor more than Five              defined As used in Sections 1289.20 through
shall have the license suspended for six (6)            Hundred Dollars ($500.00), or imprisonment in          1289.22 of this title and Section 2 of this act:

                                                                                                                                                       Page 381
   1. "Restricted bullet" means a round or elon-         ceed the penalties established in the Oklahoma          offense from the felony committed or attempted,
gated missile with a core of less than sixty per-        Self-Defense Act.                                       and shall be punishable by imprisonment in the
cent (60%) lead and having a fluorocarbon coat-              B. No municipality or other political subdivi-      State Penitentiary for a period of not more than
ing, which is designed to travel at a high velocity      sion of this state shall adopt any order, ordi-         ten (10) years for the first offense, and for a
and is capable of penetrating body armor; and            nance, or regulation concerning in any way the          period of not more than twenty (20) years for
   2. "Body armor" means a vest or shirt of ten          sale, purchase, purchase delay, transfer, owner-        any second or subsequent offense.
(10) plies or more of bullet resistant material as       ship, use, keeping, possession, carrying, bear-            1368. Possession of explosives by
defined by the Office of Development, Testing            ing, transportation, licensing, permit, registration,   convicted felons--Penalty
and Dissemination, a division of the United              taxation other than sales and compensating use             A. Any person who has been convicted of a
States Department of Justice.                            taxes, or other controls on firearms, compon-           felony under the laws of this or any other state
   1289.20. Manufacture of restricted bullets            ents, ammunition, and supplies.                         or the laws of the United States who, with an
   A. Except for the purpose of public safety or             C. Except as hereinafter provided, this section     unlawful intent, is in possession of any
national security, it shall be unlawful to manufac-      shall not prohibit any order, ordinance, or             explosives, upon conviction, shall be guilty of a
ture, cause to be manufactured, import, adver-           regulation by any municipality concerning the           felony and shall be punished by a fine of not to
tise for sale or sell within this state any restricted   confiscation of property used in violation of the       exceed Five Thousand Dollars ($ 5,000.00), or
bullet as defined in Section 1289.19 of this title.      ordinances of the municipality as provided for in       by imprisonment in the State Penitentiary for a
   B. Any person convicted of violating subsec-          Section 28-121 of Title 11 of the Oklahoma              term not to exceed ten (10) years, or by both
tion A of this section shall be guilty of a felony       Statutes. Provided, however, no municipal               such fine and imprisonment.
and shall be punished by a fine of not less than         ordinance relating to transporting a firearm               B. For purposes of this section, the term
Five Hundred Dollars ($500.00) nor more than             improperly may include a provision for                  "explosive" shall have the same definition as the
Ten Thousand Dollars ($10,000.00), or by im-             confiscation of property.                               term "explosive" as defined by Chapter 8 of Title
prisonment in the State Penitentiary for not more            D. When a person’s rights pursuant to the           63 of the Oklahoma Statutes.
than ten (10) years, or by both such fine and            protection of the preemption provisions of this            1767.5. Possession, manufacture, storage,
imprisonment.                                            section have been violated, the person shall            or use of explosive without permit
   1289.21. Possession or use of restricted              have the right to bring a civil action against the         A. Any person who shall possess,
bullets                                                  persons, municipality, and political subdivision        manufacture, store, or use any explosive, as
   A. It shall be unlawful for any person to pos-        jointly and severally for injunctive relief or mone-    defined in Section 121.1 of Title 63 of the
sess, carry upon his person, use or attempt to           tary damages or both.                                   Oklahoma Statutes, without having in the
use against another person any restricted bullet             1289.24a.      Lawsuits        against      gun     possession of the person a permit, or a copy
as defined in Section 1289.19 of this title.             manufacturers                                           thereof, issued pursuant to the Oklahoma
   B. Any person convicted of violating subsec-             1. The State Legislature declares that the           Explosives and Blasting Regulation Act, shall be
tion A of this section shall be guilty of a felony       lawful design, marketing, manufacturing, or sale        deemed guilty of a misdemeanor.
and shall be punished by imprisonment in the             of firearms or ammunition to the public is not             B. This section shall not be construed to:
State Penitentiary for not less than two (2) years       unreasonably dangerous activity and does not               1. Apply to any person or activity expressly
nor more than ten (10) years. The sentence so            constitute a nuisance.                                  exempted from the Oklahoma Explosives and
imposed shall not be suspended.                             2. The authority to bring suit and right to          Blasting Regulation Act;
   1289.22. Exemptions The prohibition of                recover against any firearms or ammunition                 2. Apply to, or repeal any laws pertaining to,
possessing or using a restricted bullet shall not        manufacturer, trade association, or dealer by or        the acts of mischief of juveniles involving
apply to law enforcement agencies when such              on behalf of any governmental unit created by or        noninjurious firecrackers or devices commonly
bullet is used for testing, training or                  pursuant to an act of the Legislature or the            called "stink bombs";
demonstration.                                           Constitution, or any department, agency, or                3. Apply to explosives while in transit in, into,
   1289.24. Firearm regulation - State pre-              authority thereof, for damages, abatement, or           or through this state, if the operator of the
emption                                                  injunctive relief resulting from or relating to the     vehicle transporting the explosives carries in the
   A.1. The State Legislature hereby occupies            lawful design, manufacturing, marketing, or sale        vehicle the shipping papers required by 49
and preempts the entire field of legislation in this     of firearms or ammunition to the public shall be        C.F.R., Section 172.200 et seq., and displays
state touching in any way firearms, components,          reserved exclusively to the state. This paragraph       such papers to any law enforcement officer upon
ammunition, and supplies to the complete exclu-          shall not prohibit a political subdivision or local     request;
sion of any order, ordinance, or regulation by           government authority from bringing an action               4. Apply to any person who may possess,
any municipality or other political subdivision of       against a firearms or ammunition manufacturer           store or use gunpowder in a quantity reasonably
this state. Any existing or future orders, ordi-         or dealer for breach of contract or warranty as to      calculated to be necessary for hunting or
nances, or regulations in this field, except as          firearms or ammunition purchased by the                 shooting purposes; or
provided for in paragraph 2 of this subsection           political subdivision or local government                  5. Apply to any certified bomb technician
and subsection C of this section, are null and           authority. This bill shall not be construed to          employed by a federally accredited bomb squad
void.                                                    prohibit an individual from bringing a cause of         of an agency of the federal government, this
   2. A municipality may adopt any ordinance:            action based upon an existing recognized theory         state, or any political subdivision of this state.
   a. relating to the discharge of firearms within       of law.
the jurisdiction of the municipality, and                    1289.26. Use of body armor                          [Current through Emergency Legislation
   b. allowing the municipality to issue a traffic           Any person who commits or attempts to               through Chapter 2 of the First Regular
citation for transporting a firearm improperly as        commit a felony while wearing body armor as             Session of the 52nd Legislature]
provided for in Section 1289.13A of this title,          defined in Section 1289.19 of this title, in
provided however, that penalties contained for           addition to the penalty provided by statute for
violation of any ordinance enacted pursuant to           the felony committed or attempted, upon
the provisions of this subparagraph shall not ex-        conviction shall be guilty of a felony for wearing
                                                         such body armor, which shall be a separate




                                                                           OREGON
                                                                         OR. REV. STAT.

      Title 16. Crimes and Punishments                                                                           use of firearms or any element relating to fire-
                                                            166.170 State preemption.                            arms and components thereof, including am-
Chapter 166. Offenses Against Public Order;                 (1) Except as expressly authorized by state          munition, is vested solely in the Legislative
Firearms and Other Weapons; Racketeering                 statute, the authority to regulate in any matter        Assembly.
                                                         whatsoever the sale, acquisition, transfer, own-           (2) Except as expressly authorized by state
        Authority to Regulate Firearms                   ership, possession, storage, transportation or          statute, no county, city or other municipal corpo-

                                                                                                                                                          Page 382

				
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