oklahoma state bureau of investigation...462 sda licenses were denied in 2012. those denials were...

Oklahoma State Bureau of Investigation

Annual Report Oklahoma Self-Defense Act

2012

As prepared by the Self-Defense Act Licensing Unit

Information Services Division Oklahoma State Bureau of Investigation

2

TABLE OF CONTENTS

SDA Licenses Approved By Race, Age, And Sex In 2012…………………………………….. 3

SDA License Applications, Approvals, Denials, Revocations, and Suspensions by County………………………………………………………………………………………………………..……..

4

SDA License Applications, Approvals, Denials, Revocations, and Suspensions Statewide Totals………………………………………………………………………………………..……..

30

SDA Licenses Denied By Race, Age, And Sex In 2012……………………………………..…. 31

SDA Licenses Revoked By Race, Age, And Sex In 2012…………………………….……..... 35

SDA Licenses Suspended By Race, Age, And Sex In 2012…………………………...…..… 37

This report is provided in accordance with the Oklahoma Self-Defense Act TITLE 21 § 1290.16. Statistical report By January 15, 1997, and by January 15 of each year thereafter, the Bureau shall submit a statistical report for the preceding calendar year to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, including, but not limited to, data on the numbers of handgun licenses approved and issued and the numbers of licenses suspended, revoked or denied in the following categories: age, sex, race, county and any other category deemed relevant by the Bureau.

through

STATISTICAL REPORT

OKLAHOMA STATE BUREAU OF INVESTIGATION SELF-DEFENSE ACT LICENSING

January 01, 2012 December 31, 2012

COMBINED MALE FEMALE RACE

SDA LICENSES APPROVED

BY RACE, AGE, AND SEX IN 2012

Asian 54 198 252

Black 257 848 1,105

Hispanic 76 273 349

Indian 619 1,323 1,942

White 10,486 25,555 36,041

Other 46 140 186

Totals 11,538 28,337 39,875

Average Age 50 50 50

3

Applications submitted in a given year may not result in approval or denial in that same year. Those applications in a pending status will not be reflected in the totals; therefore, the numbers of denials and approvals may not equate exactly to the number of applications received.

SDA License Applications, Approvals, Denials,

Revocations, and Suspensions by County

ADAIR COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

170

1

158

5

0

ALFALFA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

78

0

57

0

0

4

ATOKA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

196

0

186

0

0

BEAVER COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

98

0

84

0

0

BECKHAM COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

311

1

258

3

0

5

BLAINE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

95

0

77

1

0

BRYAN COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

508

2

448

5

2

CADDO COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

267

0

221

6

0

6

CANADIAN COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

1,649

2

1,518

12

2

CARTER COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

710

1

611

9

0

CHEROKEE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

542

0

487

6

2

7

CHOCTAW COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

203

1

184

3

0

CIMARRON COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

49

0

39

1

0

CLEVELAND COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

2,873

8

2,390

33

4

8

COAL COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

71

1

63

0

0

COMANCHE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

1,407

1

1,131

17

0

COTTON COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

95

0

81

4

1

9

CRAIG COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

156

0

133

0

1

CREEK COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

1,105

1

939

6

0

CUSTER COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

408

2

329

4

0

10

DELAWARE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

512

0

449

7

1

DEWEY COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

64

0

63

0

0

ELLIS COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

99

0

74

1

0

11

GARFIELD COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

718

5

609

5

2

GARVIN COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

405

1

335

6

0

GRADY COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

911

2

755

5

2

12

GRANT COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

63

0

54

0

0

GREER COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

35

0

16

1

0

HARMON COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

26

0

23

0

0

13

HARPER COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

54

0

41

0

0

HASKELL COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

199

0

172

2

2

HUGHES COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

162

0

142

3

0

14

JACKSON COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

335

0

282

2

0

JEFFERSON COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

100

0

79

1

0

JOHNSTON COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

139

1

134

1

0

15

KAY COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

496

0

426

2

1

KINGFISHER COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

264

0

223

2

3

KIOWA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

119

0

88

1

0

16

LATIMER COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

145

1

133

2

0

LEFLORE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

575

1

486

9

1

LINCOLN COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

549

3

494

2

1

17

LOGAN COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

769

1

645

2

0

LOVE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

93

0

81

0

0

MAJOR COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

119

0

101

0

0

18

MARSHALL COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

187

0

155

1

0

MAYES COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

543

1

442

4

0

MCCLAIN COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

726

1

570

8

0

19

MCCURTAIN COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

375

3

366

3

2

MCINTOSH COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

251

1

216

3

0

MURRAY COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

166

0

125

2

0

20

MUSKOGEE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

858

4

765

9

1

NOBLE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

150

0

129

1

0

NOWATA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

155

0

119

1

0

21

OKFUSKEE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

182

0

160

0

0

OKLAHOMA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

6,612

12

5,523

74

7

OKMULGEE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

478

2

427

4

0

22

OSAGE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

736

1

567

5

0

OTTAWA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

247

0

233

3

1

PAWNEE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

248

3

214

1

1

23

PAYNE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

819

2

693

1

2

PITTSBURG COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

649

2

570

2

0

PONTOTOC COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

439

2

375

4

0

24

POTTAWATOMIE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

951

1

836

10

1

PUSHMATAHA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

178

0

171

2

0

ROGER MILLS COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

75

0

57

1

0

25

ROGERS COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

1,594

6

1,349

10

1

SEMINOLE COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

315

2

286

4

0

SEQUOYAH COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

503

1

437

10

0

26

STEPHENS COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

883

0

756

7

1

TEXAS COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

177

0

143

3

0

TILLMAN COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

55

0

43

0

0

27

TULSA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

7,284

16

6,468

88

5

WAGONER COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

1,420

7

1,257

13

1

WASHINGTON COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

613

2

540

4

0

28

WASHITA COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

182

0

145

2

0

WOODS COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

147

0

126

5

0

WOODWARD COUNTY

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

383

1

312

6

1

29

STATEWIDE TOTALS

APPROVED

APPLICATIONS

DENIED

REVOKED

SUSPENDED

46,531

39,875

462

49

106

30

TITLE 21 § 1290.09 Eligibility Applications Denied:

02. Establish a residency in the State of Oklahoma. For purposes of the Oklahoma Self-Defense Act, the term residency shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card and physically maintains a residence In this state or has permanent military orders within this state and possesses a valid driver license from another state where such person claims residency;

15

04. Complete a firearms safety and training course and demonstrate competence and qualifications with the type of pistol to be carried by the person as provided in Section 1290.14 of this title, and submit proof of training and qualification or an exemption for training and qualification as authorized by Section 1290.14 of this title;

1

05. Submit the required fee and complete the application process as provided in Section 1290.12 of this title;

13

06. Comply in good faith with the provisions of the Oklahoma Self-Defense Act. 35


SDA LICENSES DENIED


Asian 0 6 6

Black 5 39 44

Hispanic 3 11 14

Indian 7 22 29

White 61 306 367

Other 0 2 2

Totals 76 386 462


462 SDA Licenses were denied in 2012. Those denials were based on the following SDA Statute Provisions. Individuals may have more than one statutory basis for denial.

31

TITLE 21 § 1290.10 Mandatory preclusions Applications Denied:

01. Ineligible to possess a pistol due to any felony conviction or adjudication as a delinquent as provided by Section 1283 of this title, except as provided in subsection B of Section 1283 of this title;

15

02. Any felony conviction pursuant to any law of another state, a felony conviction pursuant to any provision of the United States Code, or any conviction pursuant to the laws of any foreign country, provided such foreign conviction would constitute a felony offense in this state if the offense had been committed in this state, except as provided in subsection B of Section 1283 of this title;

10

04. Any false or misleading statement on the application for a handgun license as provided by paragraph 5 of Section 1290.12 of this title;

189

05. Conviction of any one of the following misdemeanor offenses in this state or in any other state:

b. any aggravated assault and battery, 3

d. a violation relating to the Protection from Domestic Abuse Act, Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any violation of a victim protection order of another state,

7

e. any conviction relating to illegal drug use or possession; 77

f. an act of domestic abuse as defined by Section 644 of this title or an act of domestic assault and battery or any comparable acts under the laws of another state;

14

06. An attempted suicide or other condition relating to or indicating mental instability or an unsound mind which occurred within the preceding ten-year period from the date of the application for a license to carry a concealed firearm or that occurs during the period of licensure;

5

07. Currently undergoing treatment for a mental illness, condition, or disorder. For purposes of this paragraph, "currently undergoing treatment for a mental illness, condition, or disorder" means the person has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life;

16

08. Significant character defects of the applicant as evidenced by a misdemeanor criminal record indicating habitual criminal activity;

5

09. Ineligible to possess a pistol due to any provision of law of this state or the United States Code, except as provided in subsection B of Section 1283 of this title;

38

32

10. Failure to pay an assessed fine or surrender the handgun license as required by a decision by the administrative hearing examiner pursuant to authority of the Oklahoma Self-Defense Act; 1

11. Being subject to an outstanding felony warrant issued in this state or another state or the United States;

2

12. Adjudication as a delinquent as provided by Section 1283 of this title, except as provided in subsection B of Section 1283 of this title. (10 year preclusion)

12

TITLE 21 § 1290.11(A) Other preclusions Applications Denied:

01. An arrest for an alleged commission of a felony offense or a felony charge pending in this state, another state or pursuant to the United States Code. The preclusive period shall be until the final determination of the matter;

2

02. The person is subject to the provisions of a deferred sentence or deferred prosecution in this state or another state or pursuant to federal authority for the commission of a felony offense. The preclusive period shall be three (3) years and shall begin upon the final determination of the matter;

17

03. Any involuntary commitment for a mental illness, condition, or disorder pursuant to the provisions of Section 5-410 of Title 43A of the Oklahoma Statutes or any involuntary commitment in another state pursuant to any provisions of law of that state. The preclusive period shall be permanent as provided by Title 18 of the United States Code Section 922 (g) (4);

8

04. The person has previously undergone treatment for a mental illness, condition, or disorder which required medication or supervision as defined by paragraph 7 of Section 1290.10 of this title. The preclusive period shall be three (3) years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten (10) years or more;

9

07. Two or more misdemeanor convictions relating to intoxication or driving under the influence of an intoxicating substance or alcohol. The preclusive period shall be three (3) years from the date of the completion of the last sentence or shall require a certified statement from a licensed physician stating that the person is not in need of substance abuse treatment;

2

08. A court order for a final Victim Protection Order against the applicant, as authorized by Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any court order granting a final victim protection order against the applicant from another state. The preclusive period shall be three (3) years from the date of the entry of the final court order, or sixty (60) days from the date an order was vacated, canceled or withdrawn;

6

09. An adjudicated delinquent or convicted felon residing in the residence of the applicant which may be a violation of Section 1283 of this title. The preclusive period shall be thirty (30) days from the date the person no longer resides in the same residence as the applicant;

8

33

10. An arrest for an alleged commission of, a charge pending for, or the person is subject to the provisions of a deferred sentence or a deferred prosecution for any one or more of the following misdemeanor offenses in this state or another state: (The preclusive period for this paragraph shall be three (3) years and shall begin upon the final determination of the matter.)

a. any assault and battery, which caused serious physical injury to the victim, or any second or subsequent assault and battery conviction,

1


1



8

TITLE 21 § 1290.12(A)(12) Procedure for Application Applications Denied:

The Bureau shall deny a license when the applicant fails to properly complete the application form or application process or is determined not to be eligible as specified by the provisions of Section 1290.9, 1290.10 or 1290.11 of this title. Denial of the application was due to failure to provide the following:

A DOCTOR'S STATEMENT CERTIFYING ELIGIBILITY 15

AN ACCEPTABLE SET OF FINGERPRINT CARDS 18

AN ORIGINAL SIGNED TRAINING CERTIFICATE INDICATING FIREARMS AUTHORIZED FOR CARRY

1

RESPONSE TO QUESTION(S) PREVIOUSLY REQUESTED 2

34

TITLE 21 § 1290.09 Eligibility Applications Revoked:

02. Establish a residency in the State of Oklahoma. For purposes of the Oklahoma Self-Defense Act, the term residency shall apply to any person who either possesses a valid Oklahoma driver license or state photo identification card and physically maintains a residence In this state or has permanent military orders within this state and possesses a valid driver license from another state where such person claims residency;

28

TITLE 21 § 1290.10 Mandatory preclusions Applications Revoked:


10

05. Conviction of any one of the following misdemeanor offenses in this state or in any other state:



1


SDA LICENSES REVOKED


Black 0 1 1

Indian 2 0 2

White 7 39 46

Totals 9 40 49


49 SDA Licenses were revoked in 2012. Those revocations were based on the following SDA Statute Provisions. Individuals may have more than one statutory basis for revocation.

35


4

07. Currently undergoing treatment for a mental illness, condition, or disorder. For purposes of this paragraph, "currently undergoing treatment for a mental illness, condition, or disorder" means the person has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life;

1

08. Significant character defects of the applicant as evidenced by a misdemeanor criminal record indicating habitual criminal activity;

2

09. Ineligible to possess a pistol due to any provision of law of this state or the United States Code, except as provided in subsection B of Section 1283 of this title;

1

TITLE 21 § 1290.11(A) Other preclusions Applications Revoked:

04. The person has previously undergone treatment for a mental illness, condition, or disorder which required medication or supervision as defined by paragraph 7 of Section 1290.10 of this title. The preclusive period shall be three (3) years from the last date of treatment or upon presentation of a certified statement from a licensed physician stating that the person is either no longer disabled by any mental or psychiatric illness, condition, or disorder or that the person has been stabilized on medication for ten (10) years or more;

1

36

TITLE 21 § 1272 Unlawful Carry Applications Suspended:

It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun, or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, spring-type knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles or any other offensive weapon, whether such weapon be concealed or unconcealed.

1

TITLE 21 § 1289.08 Possession of license required-notification to police of gun Applications Suspended:

C. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop.

10

TITLE 21 § 1289.09 Carrying weapons under influence of alcohol Applications Suspended:

It shall be unlawful for any person to carry or use shotguns, rifles or pistols in any circumstances while under the influence of beer, intoxicating liquors or any hallucinogenic, or any unlawful or unprescribed drug, and it shall be unlawful for any person to carry or use shotguns, rifles or pistols when under the influence of any drug prescribed by a licensed physician if the aftereffects of such consumption affect mental, emotional or physical processes to a degree that would result in abnormal behavior.

8


SDA LICENSES SUSPENDED


Black 0 7 7

Hispanic 0 2 2

Indian 4 2 6

White 8 80 88

Others 0 3 3

Totals 12 94 106


106 SDA Licenses were suspended in 2012. Those suspensions were based on the following SDA Statute Provisions. Individuals may have more than one statutory basis for suspension.

37

TITLE 21 § 1290.10 Mandatory preclusions Applications Suspended:


1

03. Adjudication as an incompetent person pursuant to the provisions of the Oklahoma Mental Health Law, Section 1-101 et seq. of Title 43A of the Oklahoma Statutes or an adjudication of incompetency entered in another state pursuant to any provision of law of that state;

1


2

TITLE 21 § 1290.11(A) Other preclusions Applications Suspended:

01. An arrest for an alleged commission of a felony offense or a felony charge pending in this state, another state or pursuant to the United States Code. The preclusive period shall be until the final determination of the matter;

48

02. The person is subject to the provisions of a deferred sentence or deferred prosecution in this state or another state or pursuant to federal authority for the commission of a felony offense. The preclusive period shall be three (3) years and shall begin upon the final determination of the matter;

11

08. A court order for a final Victim Protection Order against the applicant, as authorized by Section 60 et seq. of Title 22 of the Oklahoma Statutes, or any court order granting a final victim protection order against the applicant from another state. The preclusive period shall be three (3) years from the date of the entry of the final court order, or sixty (60) days from the date an order was vacated, canceled or withdrawn;

2

09. An adjudicated delinquent or convicted felon residing in the residence of the applicant which may be a violation of Section 1283 of this title. The preclusive period shall be thirty (30) days from the date the person no longer resides in the same residence as the applicant;

1

10. An arrest for an alleged commission of, a charge pending for, or the person is subject to the provisions of a deferred sentence or a deferred prosecution for any one or more of the following misdemeanor offenses in this state or another state: (The preclusive period for this paragraph shall be three (3) years and shall begin upon the final determination of the matter.)


1



11

38

oklahoma state bureau of investigation...462 sda licenses were denied in 2012. those denials were...

Documents