Okla. Stat. tit. 21, § 21-1290.12

PROCEDURE FOR APPLICATION

A. Except as provided in paragraph 11 of this subsection, the

procedure for applying for a handgun license and processing the

application shall be as follows:

1. An eligible person may request an application packet for a

handgun license from the Oklahoma State Bureau of Investigation or

the county sheriff's office either in person or by mail. The Bureau

may provide application packets to each sheriff not exceeding two

hundred packets per request. The Bureau shall provide the following

information in the application packet:

a. an application form,

b. procedures to follow to process the application form,

and

c. if available, a copy of the Oklahoma Self-Defense Act

with any modifications thereto;

2. The person shall be required to successfully complete a

firearms safety and training course from a firearms instructor who

is approved and registered in this state as provided in Section

1290.14 of this title or from an interactive online firearms safety

and training course available electronically via the Internet which

has been approved as to curriculum by the Council on Law Enforcement

Education and Training, and the person shall be required to

demonstrate competency and qualification with a pistol authorized

for concealed or unconcealed carry by the Oklahoma Self-Defense Act.

The original certificate of successful completion of a firearms

safety and training course and an original certificate of successful

demonstration of competency and qualification to carry and handle a

pistol or exemption from training certificate shall be submitted

Oklahoma Statutes - Title 21. Crimes and Punishments Page 632

with the application for a handgun license. No duplicate, copy,

facsimile or other reproduction of the certificate of training,

certificate of competency and qualification or exemption from

training certificate shall be acceptable as proof of training as

required by the provisions of the Oklahoma Self-Defense Act;

3. The application form shall be completed and delivered by the

applicant, in person, to the sheriff of the county wherein the

applicant resides;

4. The person shall deliver to the sheriff at the time of

delivery of the completed application form a fee of One Hundred

Dollars ($100.00) for processing the application through the

Oklahoma State Bureau of Investigation and processing the required

fingerprints through the Federal Bureau of Investigation. The

processing fee shall be in the form of:

a. a money order or a cashier's check made payable to the

Oklahoma State Bureau of Investigation,

b. a nationally recognized credit card issued to the

applicant. For purposes of this paragraph,

"nationally recognized credit card" means any

instrument or device, whether known as a credit card,

credit plate, charge plate, or by any other name,

issued with or without fee by the issuer for the use

of the cardholder in obtaining goods, services, or

anything else of value on credit which is accepted by

over one thousand merchants in the state. The

Oklahoma State Bureau of Investigation shall determine

which nationally recognized credit cards will be

accepted by the Bureau, or

c. electronic funds transfer.

Any person paying application fees to the Oklahoma State Bureau of

Investigation by means of a nationally recognized credit card or by

means of an electronic funds transfer shall be required to complete

and submit his or her application through the online application

process of the Bureau.

The processing fee shall not be refundable in the event of a

denial of a handgun license or any suspension or revocation

subsequent to the issuance of a license. Persons making application

for a firearms instructor shall not be required to pay the

application fee as provided in this section, but shall be required

to pay the costs provided in paragraphs 6 and 8 of this subsection;

5. The completed application form shall be signed by the
the event of a

denial of a handgun license or any suspension or revocation

subsequent to the issuance of a license. Persons making application

for a firearms instructor shall not be required to pay the

application fee as provided in this section, but shall be required

to pay the costs provided in paragraphs 6 and 8 of this subsection;

5. The completed application form shall be signed by the

applicant in person before the sheriff. The signature shall be

given voluntarily upon a sworn oath that the person knows the

contents of the application and that the information contained in

the application is true and correct. Any person making any false or

misleading statement on an application for a handgun license shall,

upon conviction, be guilty of perjury as defined by Section 491 of

Oklahoma Statutes - Title 21. Crimes and Punishments Page 633

this title. Any conviction shall be punished as provided in Section

500 of this title. In addition to a criminal conviction, the person

shall be denied the right to have a handgun license pursuant to the

provisions of Section 1290.10 of this title and the Oklahoma State

Bureau of Investigation shall revoke the handgun license, if issued;

6. Two passport-size photographs of the applicant shall be

submitted with the completed application. The cost of the

photographs shall be the responsibility of the applicant. The

sheriff is authorized to take the photograph of the applicant for

purposes of the Oklahoma Self-Defense Act and, if such photographs

are taken by the sheriff, the cost of the photographs shall not

exceed Ten Dollars ($10.00) for the two photos. All money received

by the sheriff from photographing applicants pursuant to the

provisions of this paragraph shall be retained by the sheriff and

deposited into the Sheriff's Service Fee Account;

7. The sheriff shall witness the signature of the applicant and

review or take the photographs of the applicant and shall verify

that the person making application for a handgun license is the same

person in the photographs submitted and the same person who signed

the application form. Proof of a valid Oklahoma driver license with

a photograph of the applicant or an Oklahoma state photo

identification for the applicant shall be required to be presented

by the applicant to the sheriff for verification of the person's

identity;

8. Upon verification of the identity of the applicant, the

sheriff shall take two complete sets of fingerprints of the

applicant. Both sets of fingerprints shall be submitted by the

sheriff with the completed application, certificate of training,

certificate of competency and qualification or an exemption from

training certificate, photographs and processing fee to the Oklahoma

State Bureau of Investigation within fourteen (14) days of taking

the fingerprints. The cost of the fingerprints shall be paid by the

applicant. The sheriff may charge a fee of up to Twenty-five

Dollars ($25.00) for the two sets of fingerprints. All fees

collected by the sheriff from taking fingerprints pursuant to the

provisions of this paragraph shall be retained by the sheriff and

deposited into the Sheriff's Service Fee Account;

9. The sheriff shall submit to the Oklahoma State Bureau of

Investigation within the fourteen-day period, together with the

completed application, including the certificate of training,

certificate of competency and qualification, exemption from training

certificate, photographs, processing fee and legible fingerprints

meeting the Oklahoma State Bureau of Investigation's Automated

Fingerprint Identification System (AFIS) submission standards, and a

report of information deemed pertinent to an investigation of the

applicant for a handgun license. The sheriff shall make a

preliminary investigation of pertinent information about the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 634

applicant and the court clerk shall assist the sheriff in locating
s Automated

Fingerprint Identification System (AFIS) submission standards, and a

report of information deemed pertinent to an investigation of the

applicant for a handgun license. The sheriff shall make a

preliminary investigation of pertinent information about the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 634

applicant and the court clerk shall assist the sheriff in locating

pertinent information in court records for this purpose. If no

pertinent information is found to exist either for or against the

applicant, the sheriff shall so indicate in the report;

10. The Oklahoma State Bureau of Investigation, upon receipt of

the application and required information from the sheriff, shall

forward one full set of fingerprints of the applicant to the Federal

Bureau of Investigation for a national criminal history records

search. The cost of processing the fingerprints nationally shall be

paid from the processing fee collected by the Oklahoma State Bureau

of Investigation;

11. Notwithstanding the provisions of the Oklahoma Self-Defense

Act, or any other provisions of law, any person who has been granted

a permanent victim protective order by the court, as provided for in

the Protection from Domestic Abuse Act, may be issued a temporary

handgun license for a period not to exceed six (6) months. A

temporary handgun license may be issued if the person has

successfully passed the required weapons course, completed the

application process for the handgun license, passed the preliminary

investigation by the sheriff and court clerk, and provided the

sheriff proof of a certified permanent victim protective order and a

valid Oklahoma state photo identification card or driver license.

The sheriff shall issue a temporary handgun license on a form

approved by the Oklahoma State Bureau of Investigation, at no cost.

Any person who has been issued a temporary license shall carry the

temporary handgun license and a valid Oklahoma state photo

identification on his or her person at all times, and shall be

subject to all the requirements of the Oklahoma Self-Defense Act

when carrying a handgun. The person may proceed with the handgun

licensing process. In the event the victim protective order is no

longer enforceable, the temporary handgun license shall cease to be

valid;

12. The Oklahoma State Bureau of Investigation shall make a

reasonable effort to investigate the information submitted by the

applicant and the sheriff to ascertain whether or not the issuance

of a handgun license would be in violation of the provisions of the

Oklahoma Self-Defense Act. The investigation by the Bureau of an

applicant shall include, but shall not be limited to: a statewide

criminal history records search, a national criminal history records

search, a Federal Bureau of Investigation fingerprint search, a

check of the National Instant Criminal Background Check System

(NICS), an Immigration Alien Query (IAQ) for non-United-States

citizens and, if applicable, an investigation of medical records or

other records or information deemed by the Bureau to be relevant to

the application.

a. In the course of the investigation by the Bureau, it

shall present the name of the applicant along with any

Oklahoma Statutes - Title 21. Crimes and Punishments Page 635

known aliases, the address of the applicant and the

Social Security number of the applicant to the

Department of Mental Health and Substance Abuse

Services. The Department of Mental Health and

Substance Abuse Services shall respond within ten (10)

days of receiving such information to the Bureau as

follows:

(1) with a "Yes" answer, if the records of the

Department indicate that the person was

involuntarily committed to a mental institution

in Oklahoma,

(2) with a "No" answer, if there are no records

indicating the name of the person as a person

involuntarily committed to a mental institution

in Oklahoma, or
respond within ten (10)

days of receiving such information to the Bureau as

follows:

(1) with a "Yes" answer, if the records of the

Department indicate that the person was

involuntarily committed to a mental institution

in Oklahoma,

(2) with a "No" answer, if there are no records

indicating the name of the person as a person

involuntarily committed to a mental institution

in Oklahoma, or

(3) with an "Inconclusive" answer if the records of

the Department suggest the applicant may be a

formerly committed person. In the case of an

inconclusive answer, the Bureau shall ask the

applicant whether he or she was involuntarily

committed. If the applicant states under penalty

of perjury that he or she has not been

involuntarily committed, the Bureau shall

continue processing the application for a

license.

b. In the course of the investigation by the Bureau, it

shall check the name of any applicant who is twenty-

eight (28) years of age or younger along with any

known aliases, the address of the applicant and the

Social Security number of the applicant against the

records in the Juvenile Online Tracking System (JOLTS)

of the Office of Juvenile Affairs. The Office of

Juvenile Affairs shall provide the Bureau direct

access to check the applicant against the records

available on JOLTS:

(1) if the Bureau finds a record on JOLTS that

indicates the person was adjudicated a delinquent

for an offense that would constitute a felony

offense if committed by an adult within the last

ten (10) years, the Bureau shall deny the

license,

(2) if the Bureau finds no record on JOLTS indicating

the named person was adjudicated delinquent for

an offense that would constitute a felony offense

if committed by an adult within the last ten (10)

years, the Bureau shall continue processing the

application for a license, or

Oklahoma Statutes - Title 21. Crimes and Punishments Page 636

(3) if the records suggest the applicant may have

been adjudicated delinquent for an offense that

would constitute a felony offense if committed by

an adult but such record is inconclusive, the

Bureau shall ask the applicant whether he or she

was adjudicated a delinquent for an offense that

would constitute a felony offense if committed by

an adult within the last ten (10) years. If the

applicant states under penalty of perjury that he

or she was not adjudicated a delinquent within

ten (10) years, the Bureau shall continue

processing the application for a license; and

13. If the background check set forth in paragraph 12 of this

subsection reveals no records pertaining to the applicant, the

Oklahoma State Bureau of Investigation shall either issue a handgun

license or deny the application within sixty (60) days of the date

of receipt of the applicant's completed application and the required

information from the sheriff. In all other cases, the Oklahoma

State Bureau of Investigation shall either issue a handgun license

or deny the application within ninety (90) days of the date of the

receipt of the applicant's completed application and the required

information from the sheriff. The Bureau shall deny a license when

the applicant fails to properly complete the application form or

application process or, based on the background check set forth in

paragraph 12 of this subsection, is determined not to be eligible as

specified by the provisions of Section 1290.9, 1290.10 or 1290.11 of

this title. The Bureau shall approve an application in all other

cases. If an application is denied, the Bureau shall notify the

applicant in writing of its decision. The notification shall state

the grounds for the denial and inform the applicant of the right to

an appeal as may be provided by the provisions of the Administrative

Procedures Act. All notices of denial shall be mailed by first-

class mail to the address of the applicant listed in the

application. Within sixty (60) calendar days from the date of
ify the

applicant in writing of its decision. The notification shall state

the grounds for the denial and inform the applicant of the right to

an appeal as may be provided by the provisions of the Administrative

Procedures Act. All notices of denial shall be mailed by first-

class mail to the address of the applicant listed in the

application. Within sixty (60) calendar days from the date of

mailing a denial of application to an applicant, the applicant shall

notify the Bureau in writing of the intent to appeal the decision of

denial or the right of the applicant to appeal shall be deemed

waived. Any administrative hearing on a denial which may be

provided shall be conducted by a hearing examiner appointed by the

Bureau. The decision of the hearing examiner shall be a final

decision appealable to a district court in accordance with the

Administrative Procedures Act. When an application is approved, the

Bureau shall issue the license and shall mail the license by first-

class mail to the address of the applicant listed in the

application.

B. Nothing contained in any provision of the Oklahoma Self-

Defense Act shall be construed to require or authorize the

Oklahoma Statutes - Title 21. Crimes and Punishments Page 637

registration, documentation or providing of serial numbers with

regard to any firearm. For purposes of the Oklahoma Self-Defense

Act, the sheriff may designate a person to receive, fingerprint,

photograph or otherwise process applications for handgun licenses.