595:60-1-4 - Eligibility

595:60-1-4. Eligibility

Each retiree wishing to apply for a concealed carry identification card shall meet the following criteria:

(1) have retired in good standing from service with the Department as a law enforcement officer, other than for reasons of mental instability;

(2) before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;

(3) have a retirement status of:

(A) at the time of retirement, had been regularly employed as a law enforcement officer with the Department for an aggregate of ten (10) years or more; or

(B) retired from service with the Department, after completing any applicable probationary period of such service, due to a service-connected disability, as determined by such agency;

(4) has a nonforfeitable right to benefits under the Oklahoma Law Enforcement Retirement System;

(5) during the most recent 12-month period, has met the standards of the Department for training and qualification for an active law enforcement officer to carry firearms;

(6) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

(7) is not prohibited by federal law from receiving a firearm because the applicant:

(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

(B) is a fugitive from justice;

(C) is an unlawful user of or addicted to any controlled substance, as defined in 21 U.S.C., Section 802;

(D) has been adjudicated as a mental defective or has been committed to any mental institution;

(E) who, being an alien:

(i) is illegally or unlawfully in the United States; or

(ii) except as provided in subsection 18 U.S.C., Section 922(y)(2), has been admitted to the United States under a nonimmigrant visa, as defined in 8 U.S.C., Section 1101(a)(26);

(F) has been discharged from the Armed Forces under dishonorable conditions

(G) who, having been a citizen of the United States, has renounced his citizenship;

(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that

(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and

(ii) either:

(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or

(I) has been convicted in any court of a misdemeanor crime of domestic violence.

Added at 10 Ok Reg 4825, eff 9-28-93 (emergency); Added at 11 Ok Reg 2421, eff 5-26-94; Amended at 12 Ok Reg 3273, eff 7-28-95; Revoked at 13 Ok Reg 2845, eff 6-28-96; Added at 24 Ok Reg 2795, eff 8-15-07; Amended at 29 Ok Reg 1401, eff 7-1-12

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