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A. Offensive Weapon. An “offensive weapon” is defined as any implement likely to produce death, bodily harm, or fear of death or bodily harm in the manner it is used or attempted to be used.
B. 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 any blackjack, loaded cane, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed.
1. Any person violating the provisions of this section shall, upon first conviction, be punished by a fine of not less than one hundred dollars, ($100.00) nor more than two hundred fifty dollars ($250.00).
2. On the second and every subsequent violation, the person violating this subsection shall, upon conviction, be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
C. This section shall not prohibit:
1. The proper use of weapons not prohibited by law for self-defense, hunting, fishing, educational, or recreational purposes;
2. The carrying of weapons in a manner otherwise permitted by the laws of the State of Oklahoma;
3. The transporting, carrying, possession, or use of any weapon by a peace officer or other person authorized by law to carry a weapon 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 weapons for the purpose of living history reenactment as that term is defined in 21 O.S. § 1272.
(Ord. 06.10.2024-3, passed 6-10-2024)
A. Definitions. The following definitions shall apply to this section unless the context clearly indicates or requires a different meaning:
A FIREARM is a weapon from which a shot or projectile is discharged by force of a chemical explosive such as gunpowder.
An OFFENSIVE WEAPON is defined as any implement likely to produce death, bodily harm, or fear of death or bodily harm in the manner it is used or attempted to be used.
B. 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, whether loaded or unloaded, or any offensive weapon, whether such weapon be concealed or unconcealed, in any establishment where the sale of alcoholic beverages, as defined in 37A O.S. § 1-103, constitutes the primary purpose of the business.
1. Any person violating the provisions of this section shall, upon first conviction, be punished by a fine of not more than two hundred fifty dollars ($250.00).
2. If an individual violating the terms of this section refuses to leave the establishment or the property of the establishment, he or she shall, upon conviction, be subject to an additional fine not to exceed two hundred fifty dollars ($250.00).
C. This section shall not apply to:
1. A peace officer, private investigator, or armed security guard with firearms authorization when acting within the scope and course of employment;
2. An owner or proprietor of the establishment; or
3. An employee of the establishment who has permission from the owner or proprietor of the establishment to carry or possess a weapon while in the scope and course of employment.
(Ord. 06.10.2024-4, passed 6-10-2024)
A. Definitions. The following definitions shall apply to this section unless the context clearly indicates or requires a different meaning:
1. A FIREARM is a weapon from which a shot or projectile is discharged by force of a chemical explosive such as gunpowder.
2. An OFFENSIVE WEAPON is defined as any implement likely to produce death, bodily harm, or fear of death or bodily harm in the manner it is used or attempted to be used.
B. 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 any firearm or offensive weapon, whether concealed or unconcealed, into any of the following places within the Town of Bernice, or in any other area over which the Town is authorized to exercise jurisdiction:
1. Any structure, building, or office space which is owned or leased by the Town of Bernice or Bernice Public Works Authority for the purpose of conducting business with the public;
2. Any public or private elementary or secondary school, except as otherwise provided under Oklahoma law;
3. Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder and authorized by Oklahoma law;
4. Any place where gambling is authorized by law, unless allowed by the property owner and authorized by Oklahoma law;
5. Any property adjacent to a structure, building, or office space in which the carrying of a concealed or unconcealed firearm is prohibited by this section; or
6. Any other place specifically prohibited by Oklahoma law or federal law.
C. The provisions of this section shall not apply to:
1. Any peace officer or other person authorized by law to carry a firearm in the course of employment;
2. Private investigators with firearms authorization when acting in the course and scope of employment; or
3. Elected officials of a county, who are in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, when acting in the performance of his or her duties within the courthouses of the county in which he or she was elected.
(Ord. 06.10.2024-5, passed 6-20-2024)
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