Oklahoma § 21-1290.11

§ 21-1290.11.

Other preclusions.

OTHER PRECLUSIONS

A. The following conditions shall preclude a person from being

eligible for a handgun license pursuant to the provisions of the

Oklahoma Self-Defense Act for a period of time as prescribed in each

of the following paragraphs:

1. An arrest for an alleged commission of a felony offense or a

felony charge pending in this state, another state or pursuant to

the United States Code. The preclusive period shall be until the

final determination of the matter;

2. The person is subject to the provisions of a deferred

sentence or deferred prosecution in this state or another state or

pursuant to federal authority for the commission of a felony

offense. The preclusive period shall be three (3) years and shall

begin upon the final determination of the matter;

3. Any involuntary commitment for a mental illness, condition,

or disorder pursuant to the provisions of Section 5-410 of Title 43A

of the Oklahoma Statutes or any involuntary commitment in another

state pursuant to any provisions of law of that state. The

preclusive period shall be permanent as provided by Title 18 of the

United States Code Section 922(g)(4) unless the person has been

granted relief from the disqualifying disability pursuant to Section

1290.27 of this title;

4. The person has previously undergone treatment for a mental

illness, condition, or disorder which required medication or

supervision as defined by paragraph 7 of Section 1290.10 of this

title. The preclusive period shall be three (3) years from the last

date of treatment or upon presentation of a certified statement from

a licensed physician stating that the person is either no longer

disabled by any mental or psychiatric illness, condition, or

disorder or that the person has been stabilized on medication for

ten (10) years or more;

5. Inpatient treatment for substance abuse. The preclusive

period shall be three (3) years from the last date of treatment or

upon presentation of a certified statement from a licensed physician

stating that the person has been free from substance use for twelve

(12) months or more preceding the filing of an application for a

handgun license;

6. Two or more convictions of public intoxication pursuant to

subsection D of Section 6-101 of Title 37A of the Oklahoma Statutes,

Oklahoma Statutes - Title 21. Crimes and Punishments

or a similar law of another state. The preclusive period shall be

three (3) years from the date of the completion of the last sentence

or shall require a certified statement from a licensed physician

stating that the person is not in need of substance abuse treatment;

7. Two or more misdemeanor convictions relating to intoxication

or driving under the influence of an intoxicating substance or

alcohol. The preclusive period shall be three (3) years from the

date of the completion of the last sentence or shall require a

certified statement from a licensed physician stating that the

person is not in need of substance abuse treatment;

8. A court order for a final Victim Protection Order against

the applicant, as authorized by the Protection from Domestic Abuse

Act, or any court order granting a final victim protection order

against the applicant from another state. The preclusive period

shall be sixty (60) days from the date an order was vacated,

canceled, withdrawn or is otherwise no longer in effect;

9. An adjudicated delinquent or convicted felon residing in the

residence of the applicant which may be a violation of Section 1283

of this title. The preclusive period shall be thirty (30) days from

the date the person no longer resides in the same residence as the

applicant;

10. An arrest for an alleged commission of, a charge pending

for, or the person is subject to the provisions of a deferred

prosecution for any one or more of the following misdemeanor

offenses in this state or another state:

a.

any assault and battery which caused serious physical

injury to the victim or any second or subsequent

assault and battery,

b.

any aggravated assault and battery,

c.

any stalking pursuant to Section 1173 of this title,

or a similar law of another state,

d.

any violation of the Protection from Domestic Abuse

Act or any violation of a victim protection order of

another state,

e.

any violation 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 law of another state.

The preclusive period shall be until the final determination of the

matter. The preclusive period for a person subject to the

provisions of a deferred sentence for the offenses mentioned in this

paragraph shall be three (3) years and shall begin upon the final

determination of the matter; or

11. A previously issued handgun license has been revoked. The

preclusive period shall be five (5) years from the date of

revocation and shall require the person to submit a new application

Oklahoma Statutes - Title 21. Crimes and Punishments

for a handgun license pursuant to the provisions of Section 1290.12

of this title.

B. Nothing in this section shall be construed to require a full

investigation of the applicant by the Oklahoma State Bureau of

Investigation.

Added by Laws 1995, c. 272, § 11, eff. Sept. 1, 1995. Amended by

Laws 1996, c. 191, § 13, emerg. eff. May 16, 1996; Laws 1997, c.

358, § 3, emerg. eff. June 9, 1997; Laws 1999, c. 97, § 4, eff. Nov.

1, 1999; Laws 1999, c. 415, § 2, eff. July 1, 1999; Laws 2000, c.

382, § 5, eff. July 1, 2000; Laws 2001, c. 396, § 7, eff. July 1,

2001; Laws 2006, c. 62, § 3, emerg. eff. April 17, 2006; Laws 2012,

c. 259, § 31, eff. Nov. 1, 2012; Laws 2013, c. 171, § 2, eff. Nov.

1, 2013; Laws 2014, c. 259, § 2, eff. July 1, 2015; Laws 2019, c.

406, § 6, eff. Nov. 1, 2019; Laws 2021, c. 146, § 6, eff. Nov. 1,

2021; Laws 2021, c. 265, § 6, eff. Nov. 1, 2021.

NOTE: Laws 2021, c. 146, § 6 and Laws 2021, c. 265, § 6 made

identical amendments.