1. A. A full-time duly appointed peace officer who is certified by the Council on Law Enforcement Education and Training (CLEET), pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes, is hereby authorized to carry a weapon certified and approved by the employing agency during periods when the officer is not on active duty as provided by the provisions of subsection B of this section.

2. B. When an off-duty officer carries a certified weapon, the officer shall be wearing the law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform, the officer shall be required:

   1. 1. To have the official peace officers badge, Commission Card and CLEET Certification Card on his or her person at all times when carrying a weapon certified and approved by the employing agency; and
   2. 2. To keep the authorized weapon concealed from view at all times, except when the weapon is used within the guidelines established by the employing agency.
3. C. Nothing in this section shall be construed to alter or amend the provisions of Section 1272.1 of this title or expand the duties, authority or jurisdiction of any peace officer.

4. D. A reserve peace officer who has satisfactorily completed a basic police course of not less than one hundred twenty (120) hours of accredited instruction for reserve police officers and reserve deputies from the Council on Law Enforcement Education and Training or a course of study approved by CLEET may carry a certified weapon when such officer is off duty as provided by subsection E of this section, provided:

   1. 1. The officer has been granted written authorization signed by the director of the employing agency; and
   2. 2. The employing agency shall maintain a current list of any officers authorized to carry a certified weapon while said officers are off duty, and shall provide a copy of such list to the Council on Law Enforcement Education and Training. Any change to the list shall be made in writing and mailed to the Council on Law Enforcement Education and Training within five (5) days.

5. E. When an off-duty reserve peace officer carries a certified weapon, the officer shall be wearing the law enforcement uniform prescribed by the employing agency or when not wearing the prescribed law enforcement uniform, the officer shall be required:

   1. 1. To have his or her official peace officer's badge, Commission Card, CLEET Certification Card and written authorization on his or her person at all times when carrying a weapon certified and approved by the employing agency; and
   2. 2. To keep the authorized weapon concealed from view at all times, except when the weapon is used within the guidelines established by the employing agency.
6. F. Nothing in subsection D of this section shall be construed to alter or amend the provisions of Section 1750.2 of Title 59 of the Oklahoma Statutes or expand the duties, jurisdiction or authority of any reserve peace officer.
7. G. Nothing in this section shall be construed to limit or restrict any peace officer or reserve peace officer from carrying a concealed handgun as allowed by the Oklahoma Self-Defense Act after issuance of a valid license pursuant to the provisions of the act. When an off-duty officer elects to carry a concealed handgun under the authority of the Oklahoma Self-Defense Act, the person shall comply with all provisions of such act.
8. H. Any off-duty peace officer who carries any weapon in violation of the provisions of this section shall be deemed to be in violation of Section 1272 of this title and may be prosecuted as provided by law for a violation of that section.

Laws 1983, SB 209, c. 297, § 1, emerg. eff. June 23, 1983; Amended by Laws 1987, HB 1458, c. 224, § 8, eff. November 1, 1987; Amended by Laws 1989, SB 181, c. 256, § 1, emerg. eff. May 19, 1989; Amended by Laws 1994, c. 307, § 1, eff. September 1, 1994; Amended by Laws 1995, SB 3, c. 272, § 55, eff. September 1, 1995; Amended by Laws 1996, SB 1050, c. 191, § 8, emerg. eff. May 16, 1996; Amended by Laws 2000, SB 1496, c. 382, § 3, emerg. eff. July 1, 2000 (superseded document available).