Oklahoma § 21-1289.30 - Requests for certification for the transfer or making

§ 21-1289.30. Requests for certification for the transfer or making

of a firearm – Court review of certification decisions.

A. When certification by a chief law enforcement officer is

required by federal law or regulation for the transfer or making of

a firearm, the chief law enforcement officer shall, within fifteen

(15) days of receipt of a request for certification, provide such

certification if the applicant is not prohibited by law from

receiving the firearm or the applicant is not the subject of a

proceeding that could result in the applicant being prohibited by

law from receiving the firearm. If the applicant is prohibited by

law from receiving the firearm or the applicant is the subject of a

proceeding that could result in such prohibition, the chief law

enforcement officer shall provide written notification to the

applicant that certification has been denied and state the reasons

for such findings.

B. An applicant whose request for certification is denied may

appeal the decision of the chief law enforcement officer to the

district court that is located in the county in which the applicant

resides. The court shall review the decision of the chief law

enforcement officer to deny the certification de novo. If the court

finds that the applicant is not prohibited by law from receiving the

firearm or the applicant is not the subject of a proceeding that

could result in such prohibition, the court shall order the chief

law enforcement officer to issue the certification and shall award

court costs and reasonable attorney fees to the applicant.

C. For purposes of this section:

1. "Certification" means the participation and assent of the

chief law enforcement officer necessary under federal law for the

approval of the application to transfer or make a firearm;

2. "Chief law enforcement officer" means any official that the

Bureau of Alcohol, Tobacco, Firearms and Explosives, or any

successor agency, identifies by regulation or otherwise as eligible

to provide any required certification for applications to transfer

or make a firearm; and

3. "Firearm" shall have the same meaning as provided for in the

National Firearms Act, subsection a of Section 5845 of Title 26 of

the United States Code.

Added by Laws 2014, c. 237, § 1, eff. Nov. 1, 2014.

NOTE: Vetoed by Governor on April 29, 2014. Governor's veto was

overridden on May 8, 2014.

Oklahoma Statutes - Title 21. Crimes and Punishments