[Previous] [Next]

§21-1289.8.


§21-1289.8.
   
                         CARRYING CONCEALED WEAPON
                                      
   A. Any state, county, or municipal peace officer of this state who is
   retired, or any federal law enforcement officer who is retired may
   retain their status as a peace officer, retired, in the State of
   Oklahoma, and as such may carry a concealed pistol pursuant to the
   provisions of subsection B of this section. A retired state, county,
   or municipal peace officer may in times of great emergency or danger
   serve to enforce the law, keep the peace, or to protect the public in
   keeping with their availability and ability at the request of the
   Governor, the sheriff, or the mayor of their retirement jurisdiction.
   
   B. The Council on Law Enforcement Education and Training (CLEET) shall
   issue an identification card to eligible retired federal, state,
   county and municipal peace officers which authorizes the retired peace
   officer to carry a concealed pistol in this state. The identification
   card shall bear the full name of the retired officer, the signature of
   the retired officer, the date of issuance, and such other information
   as may be deemed appropriate by CLEET. The card shall not expire, but
   may be denied, suspended, or revoked as provided by the rules
   promulgated by CLEET or upon the discovery of any preclusion
   prescribed in Section 1290.10 or 1290.11 of this title. The Council on
   Law Enforcement Education and Training shall request the Oklahoma
   State Bureau of Investigation to conduct a state and national criminal
   history records search on each retired peace officer authorized to
   carry a concealed firearm pursuant to the provisions of this section
   every four (4) years, and unless a preclusion prescribed in Section
   1290.10 or 1290.11 of this title is found to exist, no action shall be
   necessary. When a preclusion is discovered, the Council shall notify
   the retired peace officer and shall hold a hearing before taking any
   action to suspend or revoke the authority to carry a concealed pistol.
   
   C. The retired peace officer shall be required to submit the following
   information to the Council on Law Enforcement Education and Training
   (CLEET) and any other information requested by CLEET:
   
   1. A statement from the appropriate retirement system verifying the
   status of the person as a retired peace officer of the jurisdiction
   or, if the retired peace officer does not participate in a retirement
   system, a statement from the appropriate law enforcement agency
   verifying the status of the person as a retired peace officer of that
   jurisdiction, and the reason why the retired peace officer does not
   participate in a retirement system;
   
   2. A notarized statement, signed by the retired peace officer, stating
   that the officer:
   
   a. has not been convicted of and is currently not subject to any
   pending criminal prosecution for any felony offense, any drug-related
   offense, aggravated assault and battery, or any offense involving
   impairment by drugs or alcohol,
   
   b. has not been forced into retirement due to any mental disorder, and
   
   c. has not suffered any injury or any physical or mental impairment
   which would render the person unsafe to carry a concealed pistol.
   
   D. A retired peace officer, who has made application for the CLEET
   identification card authorized in subsection B of this section, shall
   be authorized to carry a concealed firearm as an off-duty peace
   officer, pursuant to Section 1289.23 of this title, until the
   authority to carry a concealed firearm as a retired officer is finally
   approved or denied by CLEET.
   
   E. The Council on Law Enforcement Education and Training shall
   promulgate rules and procedures necessary to implement the provisions
   of this section.
   
   F. Any peace officer, retired, who carries any pistol in violation of
   the provisions of this section shall be deemed to be in violation of
   Section 1272 of this title and may be prosecuted as provided by law
   for a violation of that section.
   

[Previous] [Next]