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§21-1290.8.
§21-1290.8.
POSSESSION OF LICENSE REQUIRED
NOTIFICATION TO POLICE OF GUN
A. Except as otherwise prohibited by law, an eligible person shall
have authority to carry a concealed handgun in this state when the
person has been issued a handgun license from the Oklahoma State
Bureau of Investigation pursuant to the provisions of the Oklahoma
Self-Defense Act, Section 1290.1 et seq. of this title, provided the
person is in compliance with the provisions of the Oklahoma
Self-Defense Act, and the license has not expired or been subsequently
suspended or revoked. A person in possession of a valid handgun
license and in compliance with the provisions of the Oklahoma
Self-Defense Act shall be authorized to carry such concealed handgun
while bow hunting or fishing.
B. The person shall be required to have possession of his or her valid
handgun license and a valid Oklahoma driver license or an Oklahoma
State photo identification at all times when in possession of an
authorized pistol. Any violation of the provisions of this subsection
may be punishable as a criminal offense as authorized by Section 1272
of this title or pursuant to any other applicable provision of law. In
addition to any criminal prosecution which may result from not
carrying the handgun license and the required identification with the
authorized pistol as required by the provisions of this subsection,
the person may be subject to an administrative fine for violation of
the provisions of this subsection. The administrative fine shall be
Fifty Dollars ($50.00) and shall be assessed by the Oklahoma State
Bureau of Investigation after a hearing and determination that the
licensee is in violation of the provisions of this subsection. Any
second or subsequent violation of the provisions of this subsection
shall be grounds for the Bureau to suspend the handgun license for a
period of six (6) months, in addition to any other penalty imposed.
Upon the arrest of any person for a violation of the provisions of
this subsection, the person may show proof to the court that a valid
handgun license and the other required identification has been issued
to such person and the person may state any reason why the handgun
license or the other required identification was not carried by the
person as required by the Oklahoma Self-Defense Act. The court shall
dismiss an alleged violation of Section 1272 of this title upon
payment of court costs, if proof of a valid handgun license and other
required identification is shown to the court within ten (10) days of
the arrest of the person. The court shall report a dismissal of a
charge to the Bureau for consideration of administrative proceedings
against the licensee.
C. It shall be unlawful for any person to fail or refuse to identify
the fact that the person is in actual possession of a concealed
handgun pursuant to the authority of the Oklahoma Self-Defense Act
when the person first comes into contact with any law enforcement
officer of this state or its political subdivisions or a federal law
enforcement officer during the course of any arrest, detainment, or
routine traffic stop. Any violation of the provisions of this
subsection shall, upon conviction, be a misdemeanor punishable by a
fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in
the county jail for a period not to exceed ninety (90) days, or by
both such fine and imprisonment. In addition to any criminal
prosecution for a violation of the provisions of this subsection, the
licensee shall be subject to an administrative fine of Fifty Dollars
($50.00), upon a hearing and determination by the Bureau that the
person is in violation of the provisions of this subsection.
D. Any law enforcement officer coming in contact with a person whose
handgun license is suspended, revoked, or expired, or who is in
possession of a handgun license which has not been lawfully issued to
that person, shall confiscate the license and return it to the
Oklahoma State Bureau of Investigation for appropriate administrative
proceedings against the licensee when the license is no longer needed
as evidence in any criminal proceeding.
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