Oklahoma § 21-1290.10

§ 21-1290.10.

Mandatory preclusions.

MANDATORY PRECLUSIONS

In addition to the requirements stated in Section 1290.9 of this

title, the conditions stated in this section shall preclude a person

from eligibility for a handgun license pursuant to the provisions of

the Oklahoma Self-Defense Act. The occurrence of any one of the

following conditions shall deny the person the right to have a

handgun license pursuant to the provisions of the Oklahoma SelfDefense Act. Prohibited conditions are:

1. Ineligible to possess a pistol due to any felony conviction

or adjudication as a delinquent as provided by Section 1283 of this

title, except as provided in subsection B of Section 1283 of this

title;

2. Any felony conviction pursuant to any law of another state,

a felony conviction pursuant to any provision of the United States

Code, or any conviction pursuant to the laws of any foreign country,

provided such foreign conviction would constitute a felony offense

in this state if the offense had been committed in this state,

except as provided in subsection B of Section 1283 of this title;

3. Adjudication as a mentally incompetent person pursuant to

the provisions of the Oklahoma Mental Health Law, or an adjudication

of incompetency entered in another state pursuant to any provision

of law of that state, unless the person has been granted relief from

the disqualifying disability pursuant to Section 1290.27 of this

title;

4. Any false or misleading statement on the application for a

handgun license as provided by paragraph 5 of subsection A of

Section 1290.12 of this title;

5. Conviction of any one of the following misdemeanor offenses

in this state or in any other state:

Oklahoma Statutes - Title 21. Crimes and Punishments

a.

any assault and battery which caused serious physical

injury to the victim, or any second or subsequent

assault and battery conviction,

b.

any aggravated assault and battery,

c.

any stalking pursuant to Section 1173 of this title,

or a similar law of another state,

d.

a violation relating to the Protection from Domestic

Abuse Act or any violation of a victim protection

order of another state,

e.

any conviction relating to illegal drug use or

possession, or

f.

an act of domestic abuse as defined by Section 644 of

this title or an act of domestic assault and battery

or any comparable acts under the laws of another

state.

The preclusive period for a misdemeanor conviction related to

illegal drug use or possession shall be ten (10) years from the date

of completion of a sentence. For purposes of this subsection, "date

of completion of a sentence" shall mean the day an offender

completes all incarceration, probation, and parole pertaining to

such sentence;

6. An attempted suicide or other condition relating to or

indicating mental instability or an unsound mind which occurred

within the preceding ten-year period from the date of the

application for a license to carry a concealed firearm or that

occurs during the period of licensure;

7. Currently undergoing treatment for a mental illness,

condition, or disorder. For purposes of this paragraph, "currently

undergoing treatment for a mental illness, condition, or disorder"

means the person has been diagnosed by a licensed physician as being

afflicted with a substantial disorder of thought, mood, perception,

psychological orientation, or memory that significantly impairs

judgment, behavior, capacity to recognize reality, or ability to

meet the ordinary demands of life;

8. Significant character defects of the applicant as evidenced

by a criminal record indicating habitual criminal activity;

9. Ineligible to possess a pistol due to any provision of law

of this state or the United States Code, except as provided in

subsection B of Section 1283 of this title;

10. Failure to pay an assessed fine or surrender the handgun

license as required by a decision by the administrative hearing

examiner pursuant to authority of the Oklahoma Self-Defense Act;

11. Being subject to an outstanding felony warrant issued in

this state or another state or the United States; or

12. Adjudication as a delinquent as provided by Section 1283 of

this title, except as provided in subsection B of Section 1283 of

this title.

Oklahoma Statutes - Title 21. Crimes and Punishments

Added by Laws 1995, c. 272, § 10, eff. Sept. 1, 1995. Amended by

Laws 1996, c. 191, § 12, emerg. eff. May 16, 1996; Laws 1997, c.

358, § 2, emerg. eff. June 9, 1997; Laws 2000, c. 382, § 4, eff.

July 1, 2000; Laws 2001, c. 396, § 6, eff. July 1, 2001; Laws 2014,

c. 259, § 1, eff. July 1, 2015; Laws 2015, c. 86, § 1, eff. Nov. 1,

2015; Laws 2019, c. 406, § 5, eff. Nov. 1, 2019.