Okla. Admin. Code § 390:35-15-6

Current through Vol. 41, No. 24, September 3, 2024

Section 390:35-15-6 - Psychological evaluations

(a) Prior to Phase 4 "Firearms" training, all students shall be administered a Minnesota Multi-Phasic Personality Inventory (MMPI), or a CLEET approved equivalent psychological examination, by a person qualified to administer such examinations. The school coordinator shall arrange for the examinations to be evaluated by a licensed psychologist of each student's choice and at each student's expense. The results of the psychological evaluations shall be forwarded to CLEET by the evaluating psychologist on forms to be provided by CLEET.

(b) If, after evaluating this initial psychological testing instrument, an evaluating psychologist is not able to form an opinion as to whether or not an applicant is "at risk" or "capable" of exercising appropriate judgement, restraint, and self-control in the use of a firearm, the Act directs the psychologist to "employ whatever other psychological measuring instruments or techniques deemed necessary to form his professional opinion". For the purposes of this subsection, an evaluating psychologist is not necessarily obliged to find an applicant "at risk", by virtue of deficiencies in any particular area (judgement, restraint, and self-control), but may consider the applicant's psychological traits in light of all three areas in formulating his opinion. For example, the test scores may indicate that an applicant is likely to lose his temper, but he also has a strong sense of ethics; so he may not be likely to shoot someone just because he tends to get angry easily.

(c) Any additional testing shall be done through mutual agreement between the psychologist and the applicant, and at the expense of the applicant.

(d) In the event that the evaluating psychologist is unable to form an opinion (either "at risk" or "capable"), or in the event an applicant does not agree to any further testing, the evaluating psychologist may so indicate on the "Notification of Psychological Evaluation". In such cases, the applicant's psychological evaluation shall be treated in the same manner as an "at risk" evaluation, pursuant to the Act.

(e) No psychological evaluation shall be accepted as valid for the purposes of this Act when the following conditions have not been satisfied:

(1) The evaluation results may be used for up to six (6) months from the date of the evaluation; and

(2) The evaluation must have been performed for the specific purpose of evaluating an applicant's capability of exercising appropriate judgement, restraint, and self-control in the use of a firearm.

(f) No armed security guard license, armed private investigator license, armed bail enforcer license, or any other license permitting a person to carry a firearm or weapon may be issued or renewed by CLEET if the applicant has been involuntarily committed for a mental illness, condition or disorder as provided in the Act. The preclusive period shall be permanent unless the applicant has been granted relief from the disqualifying disability pursuant to 21 O.S. Section 1290.27.

Okla. Admin. Code § 390:35-15-6

Amended at 14 Ok Reg 2310, eff 6-12-97

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020