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§21-1290.11.
§21-1290.11.
OTHER PRECLUSIONS
A. The following conditions shall preclude a person from being
eligible for a concealed handgun license pursuant to the provisions of
the Oklahoma Self-Defense Act, Section 1290.1 et seq. of this title,
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. If a conviction is imposed, the person
shall be permanently precluded from a handgun license;
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 5-401 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 three (3) years from the last date of treatment or discharge
from commitment, whichever is longer, or upon presentation of a
certified statement from a licensed physician stating that the person
is no longer disabled by any mental or psychiatric illness, condition,
or disorder;
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 Section
8 of Title 37 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;
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 and 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 Section 60 et seq. of Title 22 of the
Oklahoma Statutes, or any court order granting a final victim
protection order against the applicant from another state. The
preclusive period shall be three (3) years from the date of the entry
of the final court order, or sixty (60) days from the date an order
was vacated, cancelled or withdrawn;
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; or
10. An arrest for an alleged commission of, a charge pending for, or
the person is subject to the provisions of a deferred sentence or 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, Section 60
et seq. of Title 22 of the Oklahoma Statutes, or any violation of a
victim protection order of another state, or
e. any violation relating to illegal drug use or possession.
The preclusive period for this paragraph shall be three (3) years and
shall begin upon the final determination of the matter.
B. Nothing in this section shall be construed to require a full
investigation of the applicant by the Oklahoma State Bureau of
Investigation.
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