A. Definitions. The following definitions shall apply to this section unless the context clearly indicates or requires a different meaning:
ALTERED AIR PISTOL. An “altered air pistol” includes any air pistol manufactured to propel projectiles by air pressure which has been altered from its original manufactured state.
ALTERED TOY PISTOL. An “altered toy pistol” includes any toy weapon which has been altered from its original manufactured state to resemble a real weapon.
FIREARM. A “firearm” is a weapon from which a shot or projectile is discharged by force of a chemical explosive such as gunpowder.
PISTOL. A “pistol” is any firearm with a barrel or barrels less than sixteen (16) inches in length and using a combustible propellant charge, capable of discharging single or multiple projectiles from a single round of ammunition composed of any material which may reasonably be expected to be able to cause lethal injury. A pistol does not include any firearm with an overall length of twenty-six (26) inches or more, flare guns, underwater fishing guns, or blank pistols.
RIFLE. A “rifle” is any firearm capable of discharging a projectile composed of any material, with a barrel or barrels more than sixteen (16) inches in length and using either gunpowder, gas, or any means of rocket propulsion, which may be reasonably expected to be able to cause lethal injury. A rifle does not include archery equipment, flare guns, or underwater fishing guns. Any rifle capable of firing “shot” but primarily designed to fire single projectiles will be regarded as a “rifle”.
SHOTGUN. A “shotgun” is any firearm capable of discharging a series of projectiles composed of any material, with a barrel or barrels more than eighteen (18) inches in length and using a combustible propellant charge, which may be reasonably expected to be able to cause lethal injury. A shotgun does not include any weapon so designed with a barrel less than eighteen (18) inches in length unless the overall length of the firearm is twenty-six (26) inches or more. Any “shotgun” capable of firing single projectiles but primarily designed to fire multiple projectiles such as “shot’ will be regarded as a “shotgun”.
B. Law-abiding citizens shall be allowed to possess and/or use firearms in the Town of Bernice, or in any area over which the Town is authorized to exercise jurisdiction, so long as said possession or use of firearms is not contrary to the Town of Bernice Code of Ordinances, Oklahoma law, or federal law.
1. A “law-abiding citizen” is defined as a person who is not otherwise precluded under the laws of the State of Oklahoma now in effect, or hereinafter enacted or amended, from possessing a firearm.
2. The term “law-abiding citizen” shall not be construed to include anyone who is not legally present in the United States or in the State of Oklahoma.
C. Within the corporate limits of the Town of Bernice, and in any other area over which the Town is authorized to exercise jurisdiction, it shall be unlawful for any person who is an alien illegally or unlawfully in the United States to have any pistol, imitation or homemade pistol, altered air or toy pistol, shotgun, rifle, or any other dangerous or deadly firearm in his or her possession, under his or her immediate control, in any vehicle he or she is operating, or at any residence where he or she resides.
D. Within the corporate limits of the Town of Bernice, and in any other area over which the Town is authorized to exercise jurisdiction, it shall be unlawful for any person to carry a firearm who has been convicted of any one of the following offenses in the State of Oklahoma, or a violation of the equivalent law of another state:
1. Assault and battery pursuant to 21 O.S. § 644 which caused serious physical injury to the victim;
2. Aggravated assault and battery pursuant to 21 O.S.§ 646;
3. Assault and battery that qualifies as domestic abuse as defined in 21 O.S. § 644;
4. Stalking pursuant to 21 O.S. § 1173;
5. Violation of an order issued under the Protection from Domestic Abuse Act or a domestic abuse protection order issued by another state; or
6. A violation relating to illegal drug use or possession under the Uniform Controlled Dangerous Substances Act, 63 O.S. 2-101 et seq.
E. This section shall not prohibit:
1. The proper use of firearms not prohibited by law for self-defense, hunting, fishing, educational, or recreational purposes;
2. The carrying of firearms in a manner otherwise permitted by the laws of the State of Oklahoma;
3. The transporting, carrying, possession, or use of a firearm by a peace officer or other person authorized by law to carry a firearm in the performance of official duties and in compliance with the laws of the State of Oklahoma and the rules of the employing agency; or
4. The carrying and use of firearms for the purpose of living history reenactment as that term is defined in 21 O.S. § 1272.
(Ord. 06.10.2024-2, passed 6-20-2024)