Oklahoma Code § 21-1290.11

Title 21. Crimes And Punishments: Other preclusions
Open in Lexace · Ask the AI about this section
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,

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

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.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.