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Arkansas Gun Laws

last updated: January 4, 2016

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://www.lexisnexis.com/hottopics/arcode/Default.asp.

Arkansas Constitution Article II, Section 5

The citizens of this State shall have the right to keep and bear arms for their common defense.

TITLE 3 - ALCOHOLIC BEVERAGES

CHAPTER 4 - Alcoholic Beverages Generally -- Permits

Subchapter 4 - Violations

§3-4-403 - (2013) Class A violations

The following acts on the part of any permittee are Class A permit violations:

  1. Failure to furnish access to premises by any law enforcement officer or any authorized Alcoholic Beverage Control Division personnel or failure to cooperate or take reasonable action to assist any such law enforcement officers or authorized division personnel who are on the permitted premises in the performance of their duties;
  2. Failure to allow inspection of books or records;
  3. Posting permit on unauthorized premises;
  4. Manufacture or possession of controlled beverage with excess alcoholic content;
  5. Sale by a manufacturer to other than a wholesaler. Provided, sales authorized by any law of the state relating to native wines shall not constitute a violation;
  6. Sale by a wholesaler to other than a retailer;
  7. Ownership or other interest in retail outlet by a manufacturer or a wholesaler. Provided, that such ownership or other interest authorized by any law of this state relating to native wines shall not be a violation;
  8. Unauthorized gift or service to retailers by a manufacturer or a wholesaler;
  9. Use of post-dated checks for payment of controlled beverages and merchandise;
  10. Wholesaler making delivery to a consumer;
  11. The permittee possessed or knew or reasonably should have known that any agent or employee or patron of the establishment possessed on the permitted premises any illegal drug or narcotic or controlled substance or that any agent or employee while acting on the permittee's behalf knowingly allowed the possession on the permitted premises of any illegal drug or narcotic or controlled substance;
  12. Selling or allowing the consumption of alcoholic beverages on the permitted premises when the permit is suspended or on inactive status;
  13. Selling to minors;
  14. Unauthorized employment of a minor;
    1. Disorderly conduct or a breach of the peace by a patron or employee on the permitted premises.
    2. As used in subdivision (15)(A) of this section, "disorderly conduct" includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises;
  15. Violation of §3-3-218;
  16. Selling to an intoxicated person;
  17. Unauthorized manufacturing, selling, offering, dispensing, or giving away of controlled beverages;
    1. Conducting or permitting gambling on premises.
    2. Conducting or permitting gambling under subdivision (19)(A) of this section does not include:
      1. Charitable bingo and raffles under the Charitable Bingo and Raffles Enabling Act, §23-114-101 et seq.; or
      2. A lottery under the Arkansas Scholarship Lottery Act, §23-115-101 et seq.;
  18. Violation of legal closing hours; and
    1. Possession of a weapon on the permitted premises by a person without a possessory or proprietary interest in the permitted premises.
    2. When the permitted premises is a retail liquor store that sells alcoholic beverages for off-premises consumption, an employee of the retail liquor store that is licensed to carry a concealed handgun by the state may possess a handgun on the permitted premises if the possession of the handgun is permitted under state law.

HISTORY: Acts 1981, No. 790, §2; A.S.A. 1947, §48-346; Acts 1991, No. 605, §1; 1993, No. 172, §2; 2009, No. 294, §4; 2009, No. 605, §9; 2009, No. 606, §9; 2013, No. 760, §1.

TITLE 5 - CRIMINAL OFFENSES

SUBTITLE 1 - GENERAL PROVISIONS

CHAPTER 2 - Principles of Criminal Liability

Subchapter 6 - Justification

§5-2-601 - Definitions

As used in this subchapter:

  1. "Common carrier" means any vehicle used to transport for hire any member of the public;
  2. "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury;
  3. "Dwelling" means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis;
  4. "Minor" means any person under eighteen (18) years of age;
    1. "Occupiable structure" means a vehicle, building, or other structure:
      1. Where any person lives or carries on a business or other calling;
      2. Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or
      3. That is customarily used for overnight accommodation of a person whether or not a person is actually present.
    2. "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit;
  5. "Physical force" means:
    1. Any bodily impact, restraint, or confinement; or
    2. The threat of any bodily impact, restraint, or confinement;
  6. "Premises" means:
    1. An occupiable structure; or
    2. Any real property;
  7. "Unlawful physical force" means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and
  8. "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air.

HISTORY: Acts 1975, No. 280, §501; A.S.A. 1947, §41-501.

§5-2-602 - Defense

In a prosecution for an offense, justification as defined in this subchapter is a defense.

HISTORY: Acts 1975, No. 280, §502; A.S.A. 1947, §41-502.

§5-2-603 - Execution of public duty
  1. Conduct that would otherwise constitute an offense is justifiable when it is:
    1. Required or authorized by law or by a judicial decree; or
    2. Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function.
  2. The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized:
    1. By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or
    2. To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority.

HISTORY: Acts 1975, No. 280, §503; A.S.A. 1947, §41-503.

§5-2-604 - Choice of evils
  1. Conduct that would otherwise constitute an offense is justifiable when:
    1. The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
    2. According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.
  2. Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged.
  3. If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state.

HISTORY: Acts 1975, No. 280, §504; A.S.A. 1947, §41-504.

§5-2-605 - Use of physical force generally

The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances:

  1. A parent, teacher, guardian, or other person entrusted with care and supervision of a minor or an incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary to maintain discipline or to promote the welfare of the minor or incompetent person;
  2. A warden or other authorized official of a correctional facility may use nondeadly physical force to the extent reasonably necessary to maintain order and discipline;
  3. A person responsible for the maintenance of order in a common carrier or a person acting under the responsible person's direction may use nondeadly physical force to the extent reasonably necessary to maintain order;
  4. A person who reasonably believes that another person is about to commit suicide or to inflict serious physical injury upon himself or herself may use nondeadly physical force upon the other person to the extent reasonably necessary to thwart the suicide or infliction of serious physical injury;
  5. A duly licensed physician or a person assisting a duly licensed physician at the duly licensed physician's direction may use physical force for the purpose of administering a recognized form of treatment reasonably adapted to promoting the physical or mental health of a patient if the treatment is administered:
    1. With the consent of the patient or, if the patient is a minor who is unable to appreciate or understand the nature or possible consequences of the proposed medical treatment or is an incompetent person, with the consent of a parent, guardian, or other person entrusted with the patient's care and supervision; or
    2. In an emergency when the duly licensed physician reasonably believes that no person competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.

HISTORY: Acts 1975, No. 280, §505; A.S.A. 1947, §41-505; Acts 2007, No. 827, §12.

§5-2-606 - Use of physical force in defense of a person
    1. A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of force that he or she reasonably believes to be necessary.
    2. However, the person may not use deadly physical force except as provided in §5-2-607.
  1. A person is not justified in using physical force upon another person if:
    1. With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person;
      1. The person is the initial aggressor.
      2. However, the initial aggressor's use of physical force upon another person is justifiable if:
        1. The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and
        2. The other person continues or threatens to continue the use of unlawful physical force; or
    2. The physical force involved is the product of a combat by agreement not authorized by law.

HISTORY: Acts 1975, No. 280, §506; A.S.A. 1947, §41-506; Acts 2007, No. 827, §13.

§5-2-607 - (2015) Use of deadly physical force in defense of a person
  1. A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:
    1. Committing or about to commit a felony involving force or violence;
    2. Using or about to use unlawful deadly physical force; or
    3. Imminently endangering the person's life or imminently about to victimize the person as described in §9-15-103 from the continuation of a pattern of domestic abuse.
  2. A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety:
      1. By retreating.
      2. However, a person is not required to retreat if the person is:
        1. Unable to retreat with complete safety;
        2. In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or
        3. A law enforcement officer or a person assisting at the direction of a law enforcement officer; or
    1. With complete safety by surrendering possession of property to a person claiming a lawful right to possession of the property.
  3. As used in this section:
    1. "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and
    2. "Domestic abuse" means:
      1. Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or
      2. Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state.

HISTORY: Acts 1975, No. 280, §507; A.S.A. 1947, §41-507; Acts 1997, No. 1257, §1; 2007, No. 111, §1; 2009, No. 748, §2; Act 2015, No. 828, §1.

§5-2-608 - Use of physical force in defense of premises
  1. A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.
  2. A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if:
    1. Use of deadly physical force is authorized by §5-2-607; or
    2. The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.

HISTORY: Acts 1975, No. 280, §508; A.S.A. 1947, §41-508.

§5-2-609 - Use of physical force in defense of property

A person is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the other person's:

  1. Commission or attempted commission of theft or criminal mischief; or
  2. Subsequent flight from the commission or attempted commission of theft or criminal mischief.

HISTORY: Acts 1975, No. 280, §509; A.S.A. 1947, §41-509; Acts 2003, No. 1090, §1.

§5-2-610 - Use of physical force by law enforcement officers
  1. A law enforcement officer is justified in using nondeadly physical force or threatening to use deadly physical force upon another person if the law enforcement officer reasonably believes the use of nondeadly physical force or the threat of use of deadly physical force is necessary to:
    1. Effect an arrest or to prevent the escape from custody of an arrested person unless the law enforcement officer knows that the arrest is unlawful; or
    2. Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape.
  2. A law enforcement officer is justified in using deadly physical force upon another person if the law enforcement officer reasonably believes that the use of deadly physical force is necessary to:
    1. Effect an arrest or to prevent the escape from custody of an arrested person whom the law enforcement officer reasonably believes has committed or attempted to commit a felony and is presently armed or dangerous; or
    2. Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force.

HISTORY: Acts 1975, No. 280, §510; A.S.A. 1947, §41-510; Acts 2005, No. 1994, §491.

§5-2-611 - Use of physical force by private person aiding law enforcement officers
  1. A person is justified in using nondeadly physical force when and to the extent the person reasonably believes the use of nondeadly physical force is necessary to:
    1. Effect the arrest of a person reasonably believed to be committing or to have committed a felony; or
    2. Prevent the escape of a person reasonably believed to have committed a felony.
  2. A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using nondeadly physical force when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to carry out the law enforcement officer's direction.
  3. A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using deadly physical force if the person reasonably believes the use of deadly physical force is necessary to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of deadly physical force.

HISTORY: Acts 1975, No. 280, §511; 1977, No. 474, §2; A.S.A. 1947, §41-511.

§5-2-612 - Use of physical force in resisting arrest

Whether the arrest is lawful or unlawful, a person may not use physical force to resist an arrest by a person who is known or reasonably appears to be a:

  1. Law enforcement officer; or
  2. Private citizen directed by a law enforcement officer to assist in effecting an arrest.

HISTORY: Acts 1975, No. 280, §512; A.S.A. 1947, §41-512.

§5-2-613 - Use of physical force to prevent escape from correctional facility or custody of correctional officer
  1. Unless the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, a correctional officer employed by the Department of Correction or by a private contractor in a correctional facility housing inmates for the department or a city or county correctional officer employed in a correctional facility or jail is justified in using deadly physical force when and to the extent that the correctional officer reasonably believes the use of deadly physical force is necessary to prevent the escape of a prisoner from:
    1. A correctional facility; or
    2. Custody of a correctional officer outside a correctional facility for any purpose.
  2. If the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, only nondeadly physical force may be used.

HISTORY: Acts 1975, No. 280, §513; A.S.A. 1947, §41-513; Acts 1997, No. 525, §1.

§5-2-614 - Use of reckless or negligent force
  1. When a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the person is reckless or negligent either in forming that belief or in employing an excessive degree of physical force, the justification afforded by this subchapter is unavailable in a prosecution for an offense for which recklessness or negligence suffices to establish a culpable mental state.
  2. When a person is justified under this subchapter in using physical force but he or she recklessly or negligently injures or creates a substantial risk of injury to a third party, the justification afforded by this subchapter is unavailable in a prosecution for the recklessness or negligence toward the third party.

HISTORY: Acts 1975, No. 280, §514; A.S.A. 1947, §41-514.

§5-2-615 - Use of physical force by a pregnant woman in defense of her unborn child
  1. As used in this section:
    1. "Pregnant" means the female reproductive condition of having an unborn child in the female's body; and
    2. "Unborn child" means the offspring of human beings from conception until birth.
  2. A pregnant woman is justified in using physical force or deadly physical force against another person to protect her unborn child if, under the circumstances as the pregnant woman reasonably believes them to be, she would be justified under §5-2-606 or §5-2-607 in using physical force or deadly physical force to protect herself against the unlawful physical force or unlawful deadly physical force she reasonably believes to be threatening her unborn child.
  3. The justification for using physical force or deadly physical force against another person to protect a pregnant woman's unborn child is not available if:
    1. The use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman; or
      1. The use of the deadly physical force for protection would not be allowed under §5-2-607(b).
      2. However, the pregnant woman is not obligated to retreat or surrender possession of property as described in §5-2-607(b) unless the pregnant woman knows she can avoid the necessity of using deadly physical force and simultaneously ensure the complete safety of her unborn child.

HISTORY: Acts 2013, No. 156, §3.

§5-2-620 - Use of force to defend persons and property within home
  1. The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.
  2. There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.
  3. The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.

HISTORY: Acts 1981, No. 880, §1; A.S.A. 1947, §41-507.1.

§5-2-621 - Attempting to protect persons during commission of a felony

No person is civilly liable for an action or omission intended to protect himself or herself or another from a personal injury during the commission of a felony unless the action or omission constitutes a felony.

HISTORY: Acts 1981, No. 884, §1; A.S.A. 1947, §41-507.2; Acts 2005, No. 1994, §480.

SUBTITLE 6. - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE

CHAPTER 73 - Weapons

Subchapter 1 - Possession and Use Generally

§5-73-101 - Definitions

As used in this chapter:

  1. "Blasting agent" means any material or mixture consisting of fuel and oxidizer intended for blasting if the finished product as mixed for use or shipment cannot be detonated by means of a No. 8 test blasting cap when unconfined;
  2. "Contraband" means any explosive material that was used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any explosive material possessed under circumstances prohibited by law;
  3. "Destructive device" means:
    1. Any of the following:
      1. Any explosive, incendiary, or poison gas;
      2. Bomb;
      3. Grenade;
      4. Rocket having a propellant charge of more than four ounces (4 ozs.);
      5. Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz.);
      6. Mine; or
      7. Similar device; and
    2. Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (3)(A) of this section and from which a destructive device may be readily assembled for use as a weapon;
    1. "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation.
    2. A detonator may not contain more than ten grams (10 g) of total explosives by weight, excluding ignition or delay charges, and may include, without limitation, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and noninstantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires;
  4. "Distribute" means to sell, issue, give, transfer, or otherwise dispose of explosive material;
  5. "Explosive material" means an explosive, blasting agent, or detonator;
    1. "Explosive" means any chemical compound mixture or device, the primary or common purpose of which is to function by explosion.
    2. "Explosive" includes, without limitation:
      1. Dynamite and any other high explosive;
      2. Black powder;
      3. Pellet powder;
      4. An initiating explosive;
      5. A detonator;
      6. A safety fuse;
      7. A squib;
      8. A detonating cord;
      9. An igniter cord;
      10. An igniter;
      11. Any material determined to be within the scope of 18 U.S.C. §841 et seq.; and
      12. Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation;
  6. "Instrument of crime" means anything manifestly designed, made, adapted, or commonly used for a criminal purpose;
  7. "Minor" means any person under eighteen (18) years of age; and
  8. "Violent felony conviction" means a conviction for any felony offense against the person which is codified in §5-10-101 et seq., §5-11-101 et seq., §5-12-101 et seq., §5-13-201 et seq., §5-13-301 et seq., §5-14-101 et seq., and §5-14-201 et seq., or any other offense containing as an element of the offense one (1) of the following:
    1. The use of physical force;
    2. The use or threatened use of serious physical force;
    3. The infliction of physical harm; or
    4. The creation of a substantial risk of serious physical harm.

HISTORY: Acts 1975, No. 280, §3101; A.S.A. 1947, §41-3101; Acts 2001, No. 1430, §1; 2005, No. 1226, §1.

§5-73-102 - Possessing instrument of crime
  1. A person commits the offense of possessing an instrument of crime if he or she possesses any instrument of crime with a purpose to employ it criminally.
  2. Possessing an instrument of crime is a Class A misdemeanor.

HISTORY: Acts 1975, No. 280, §3102; A.S.A. 1947, §41-3102.

§5-73-103 - Possession of firearms by certain persons
  1. Except as provided in subsection (d) of this section or unless authorized by and subject to such conditions as prescribed by the Governor, or his or her designee, or the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice, or other bureau or office designated by the United States Department of Justice, no person shall possess or own any firearm who has been:
    1. Convicted of a felony;
    2. Adjudicated mentally ill; or
    3. Committed involuntarily to any mental institution.
    1. Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation.
    2. Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under §16-93-301 et seq. or §16-98-303(g).
    3. The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm.
    1. A person who violates this section commits a Class B felony if:
      1. The person has a prior violent felony conviction;
      2. The person's current possession of a firearm involves the commission of another crime; or
      3. The person has been previously convicted under this section or a similar provision from another jurisdiction.
    2. A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section.
    3. Otherwise, the person commits a Class A misdemeanor.
  2. The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication:
    1. Did not involve the use of a weapon; and
    2. Occurred more than eight (8) years ago.

HISTORY: Acts 1975, No. 280, §3103; 1977, No. 360, §18; A.S.A. 1947, §41-3103; Acts 1987, No. 74, §1; 1994 (2nd Ex. Sess.), No. 63, §1; 1995, No. 595, §1; 1995, No. 1325, §1; 2001, No. 1429, §1; 2009, No. 1491, §1.

§5-73-104 - (2013) Criminal use of prohibited weapons
  1. A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any:
    1. Bomb;
    2. Machine gun;
    3. Sawed-off shotgun or rifle;
    4. Firearm specially made or specially adapted for silent discharge;
    5. Metal knuckles; or
    6. Other implement for the infliction of serious physical injury or death.
  2. It is a defense to prosecution under this section that:
    1. The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the armed forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or
    2. The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.
    1. Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb, machine gun, or firearm specially made or specially adapted for silent discharge.
    2. Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles.
    3. Otherwise, criminal use of prohibited weapons is a Class D felony.

HISTORY: Acts 1975, No. 280, §3104; A.S.A. 1947, §41-3104; Acts 1993, No. 1189, §7; 2005, No. 1994, §438; 2011, No. 161, §1; 2013, No. 539, §1.

§5-73-105 - Legitimate manufacture, repair, and transportation of prohibited weapons

Section 5-73-104 shall not be construed to prohibit the manufacture, repair, transportation, or sale of the weapons enumerated in §5-73-104 to or for an authorized representative of:

  1. The armed forces; or
  2. Any law enforcement agency.

HISTORY: Acts 1975, No. 280, §3105; A.S.A. 1947, §41-3105.

§5-73-106 - Defacing a firearm
  1. A person commits the offense of defacing a firearm if he or she knowingly removes, defaces, mars, covers, alters, or destroys the manufacturer's serial number or identification mark of a firearm.
  2. Defacing a firearm is a Class D felony.

HISTORY: Acts 1975, No. 280, §3106; A.S.A. 1947, §41-3106.

§5-73-107 - Possession of a defaced firearm
  1. A person commits the offense of possession of a defaced firearm if he or she knowingly possesses a firearm with a manufacturer's serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed.
  2. It is a defense to a prosecution under this section that the person reported the possession to the police or other governmental agency prior to arrest or the issuance of an arrest warrant or summons.
    1. Possession of a defaced firearm is a Class D felony.
    2. However, possession of a defaced firearm is a Class A misdemeanor if the manufacturer's serial number or other identification mark required by law is merely covered or obstructed, but still retrievable.

HISTORY: Acts 1975, No. 280, §3107; A.S.A. 1947, §41-3107; Acts 1995, No. 1202, §1.

§5-73-108 - Criminal acts involving explosives
    1. A person commits the offense of criminal possession of explosive material or a destructive device if the person:
      1. Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and
      2. Either:
        1. Has the purpose of using that explosive material or destructive device to commit an offense; or
        2. Knows or should know that another person intends to use that explosive material or destructive device to commit an offense.
    2. Criminal possession of explosive material or a destructive device is a Class B felony.
    1. A person commits the offense of criminal distribution of explosive material if he or she knowingly distributes explosive material to any individual who:
      1. Has pleaded guilty or nolo contendere to or been found guilty of a crime in state or federal court punishable by imprisonment for a term exceeding one (1) year;
      2. Is a fugitive from justice;
      3. Is an unlawful user of or addicted to any controlled substance;
      4. Has been adjudicated as having a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect;
      5. Is under twenty-one (21) years of age;
      6. Is an alien, other than an alien who is:
        1. Lawfully admitted for permanent residence as defined in 8 U.S.C. §1101(a)(20), as it existed on January 1, 2009;
        2. In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. §1157, as it existed on January 1, 2009, or in asylum status under 8 U.S.C. §1158, as it existed on January 1, 2009, and either:
          1. A foreign law enforcement officer of a friendly foreign government, as determined by the Secretary of State under 18 U.S.C. §842, entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or
          2. A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 18 U.S.C. §843, as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power;
        3. A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the Attorney General of the United States in consultation with the Secretary of Defense under 18 U.S.C. §842, who is present in the United States under military orders for training or other military purpose authorized by the United States and distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or
        4. Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the distribution of explosive material is in furtherance of the cooperation;
      7. Has been dishonorably discharged from any branch of the United States armed forces; or
      8. Has renounced his or her United States citizenship.
    2. Criminal distribution of explosive material is a Class C felony.
    1. A person commits the offense of possession of stolen explosive material if he or she:
      1. Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and
      2. Knows or has reasonable cause to believe that the explosive material was stolen.
    2. Possession of stolen explosive material is a Class C felony.
    1. A person commits the offense of unlawful receipt or possession of an explosive material if the person receives or possesses explosive material and:
      1. Has pleaded guilty or nolo contendere to or has been found guilty in any state or federal court of a crime punishable by imprisonment for a term exceeding one (1) year;
      2. Is a fugitive from justice;
      3. Is an unlawful user of or addicted to any controlled substance;
      4. Has been adjudicated to have a mental disease or defect or has been committed to an institution or residential treatment facility because of a mental disease or defect;
      5. Is under twenty-one (21) years of age;
      6. Is an alien, other than an alien who is:
        1. Lawfully admitted for permanent residence as defined in 8 U.S.C. §1101(a)(20), as it existed on January 1, 2009; or
        2. In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. §1157, as it existed on January 1, 2009, or in asylum status under 8 U.S.C. §1158, as it existed on January 1, 2009, and either:
          1. A foreign law enforcement officer of a friendly foreign government, as determined by the Secretary of State under 18 U.S.C. §842, entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or
          2. A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 18 U.S.C. §843, as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power;
        3. A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the Attorney General of the United States in consultation with the Secretary of Defense under 18 U.S.C. §842, who is present in the United States under military orders for training or other military purpose authorized by the United States, and the receipt or possession of the explosive material is in furtherance of the military orders for training or authorized military purpose; or
        4. Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation;
      7. Has been dishonorably discharged from any branch of the United States armed forces; or
      8. Has renounced his or her United States citizenship.
    2. Unlawful receipt or possession of explosive material is a Class C felony.
    3. It is a defense to prosecution under this subsection if at the time of the receiving or possessing the explosive material the person was acting within the scope of his or her employment with a business authorized to use explosive material.
  1. It is a Class A misdemeanor for any person to store any explosive material in a manner not in conformity with the Arkansas Fire Prevention Code.
  2. A person who commits theft of any explosive material with the purpose to cause harm to a person or property is guilty of a Class B felony.
  3. Any explosive material determined to be contraband is subject to seizure by a law enforcement officer and to being destroyed in conformity with the Arkansas Fire Prevention Code.
  4. As used in this section, "alien" means a person who is not a citizen or national of the United States.

HISTORY: Acts 1975, No. 280, §3108; A.S.A. 1947, §41-3108; Acts 2005, No. 1226, §2; 2006 (1st Ex. Sess.), No. 14, §1; 2009, No. 339, §1; 2011, No. 1120, §14.

§5-73-109 - Furnishing a deadly weapon to a minor
  1. A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for general supervision of the minor's welfare.
    1. Furnishing a deadly weapon to a minor is a Class A misdemeanor.
    2. However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is:
      1. A handgun;
      2. A sawed-off or short-barrelled shotgun, as defined in §5-1-102;
      3. A sawed-off or short-barrelled rifle, as defined in §5-1-102;
      4. A firearm that has been specially made or specially adapted for silent discharge;
      5. A machine gun;
      6. An explosive or incendiary device, as defined in §5-71-301;
      7. Metal knuckles;
      8. A defaced firearm, as defined in §5-73-107; or
      9. Another implement for the infliction of serious physical injury or death that serves no common lawful purpose.

HISTORY: Acts 1975, No. 280, §3109; A.S.A., 1947, §41-3109; Acts 1994 (2nd Ex. Sess.), No. 45, §1.

§5-73-110 - Disarming minors and mentally defective or irresponsible persons -- Disposition of property seized
  1. Subject to constitutional limitation, nothing in this section and §§5-73-101 -- 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible, when that person is in possession of a deadly weapon.
  2. Property seized pursuant to subsection (a) of this section may be:
    1. Returned to the parent, guardian, or other person entrusted with care and supervision of the person so disarmed; or
    2. Delivered to the custody of a court having jurisdiction to try criminal offenses, in which case the court shall:
      1. Treat the property as contraband under §§5-5-101 and 5-5-102; or
      2. Issue an order requiring that at a certain time the parent, guardian, or person entrusted with the care and supervision of the person disarmed show cause why the seized property should not be so treated.
  3. Notice of the show cause proceedings may be given in the manner provided for service of criminal summons under Rule 6.3 of Arkansas Rules of Criminal Procedure.

HISTORY: Acts 1975, No. 280, §3110; A.S.A. 1947, §41-3110.

§5-73-111 - (2013) Unlawful procurement of a firearm
  1. As used in this section:
    1. "Ammunition" means any cartridge, shell, or projectile designed for use in a firearm;
    2. "False information" means information that portrays an unlawful transaction as lawful or a lawful transaction as unlawful;
    3. "Licensed dealer" means a person who is licensed under 18 U.S.C. §923, as it existed on January 1, 2013, to engage in the business of dealing in firearms; and
    4. "Private seller" means a person other than a licensed dealer who sells or offers for sale a firearm or ammunition.
  2. A person commits the offense of unlawful procurement of a firearm or ammunition if he or she knowingly:
    1. Solicits, persuades, encourages, or entices a licensed dealer or private seller to transfer a firearm or ammunition under unlawful circumstances; or
    2. Provides false information to a licensed dealer or private seller with a purpose to deceive the licensed dealer or private seller concerning the lawfulness of a transfer of a firearm or ammunition.
  3. It is a defense to prosecution under this section if the person is:
    1. A lawenforcement officer acting in his or her official capacity; or
    2. Acting at the direction of a law enforcement officer.
  4. Unlawful procurement of a firearm or ammunition is a Class D felony.

HISTORY: Act 2013, No. 507, §1.

§5-73-112 - (2015) Certification by a chief law enforcement officer regarding receipt or manufacture of a firearm
  1. As used in this section:
    1. "Certification" means the participation and assent of the chief law enforcement officer or his or her designee necessary under federal law for the approval of an application to transfer or manufacture a firearm; and
    2. "Firearm" means the same as defined in the National Firearms Act, 26 U.S.C. § 5845(a) as it existed on January 1, 2015.
    1. When certification by the chief law enforcement officer of a jurisdiction is required by federal law or regulation for the transfer or manufacture of a firearm within fifteen (15) days of receipt of a request for certification, the chief law enforcement officer or his or her designee shall provide the certification if the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in the applicant's being prohibited by law from receiving or manufacturing the firearm.
    2. If the applicant is prohibited by law from receiving or manufacturing the firearm or is the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the chief law enforcement officer or his or her designee shall provide written notification to the applicant that states the reasons for his or her findings and that the certification is denied.
    1. An applicant whose request for certification is denied may appeal the denial to the circuit court where the applicant resides.
    2. The circuit court shall review the denial de novo.
    3. If the circuit court finds that the applicant is notprohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the circuit court shall order the chief law enforcement officer to issue the certification to the applicant.
  2. Except as provided in subdivision (c)(3) of this section, the chief law enforcement officer of a jurisdiction and his or her employees who act in good faith are immune from civil liability arising from any act or omission in making a certification under this section.

HISTORY: Act. 2015, No. 720, §1.

§5-73-119 - (2015) Handguns -- Possession by minor or possession on school property
    1. No person in this state under eighteen (18) years of age shall possess a handgun.
      1. A violation of subdivision (a)(1) of this section is a Class A misdemeanor.
      2. A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously:
        1. Been adjudicated delinquent for a violation of subdivision (a)(1) of this section;
        2. Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or
        3. Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age.
    1. No person in this state shall possess a firearm:
      1. Upon the developed property of a public or private school, K-12;
      2. In or upon any school bus; or
      3. At a designated bus stop as identified on the route list published by a school district each year.
      1. A violation of subdivision (b)(1) of this section is a Class D felony.
      2. No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or probated or treated as a first offense under §16-93-301 et seq.
    1. Except as provided in §5-73-322, a person in this state shall not possess a handgun upon the property of any private institution of higher education or a publicly supported institution of higher education in this state on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun as a weapon against a person.
    2. A violation of subdivision (c)(1) of this section is a Class D felony.
  1. "Handgun" means a firearm capable of firing rimfire ammunition or centerfire ammunition and designed or constructed to be fired with one (1) hand.
  2. It is permissible to carry a handgun under this section if at the time of the act of possessing a handgun or firearm:
    1. The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning;
    2. The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties;
    3. The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;
    4. The person is a registered commissioned security guard acting in the course and scope of his or her duties;
    5. The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun or firearm;
    6. The person is a certified law enforcement officer;
    7. The person is on a journey beyond the county in which the person lives, unless the person is eighteen (18) years of age or less;
    8. The person is participating in a certified hunting safety course sponsored by the commission or a firearm safety course recognized and approved by the commission or by a state or national nonprofit organization qualified and experienced in firearm safety;
    9. The person is participating in a school-approved educational course or sporting activity involving the use of firearms; or
    10. The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis or is traveling to or from a lawful marksmanship competition or practice or other lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis.
    11. The person has a license to carry a concealed handgun under §5-73-301 et seq. and is carrying a concealed handgun on the developed property of:
      1. A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that:
        1. Is located on the developed property of the kindergarten through grade twelve (K-12) private school;
        2. Allows the person to carry a concealed handgun into the church or other place of worship under §5-73-306; and
        3. Allows the person to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school.
      2. A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school.
      1. The person has a license to carry a concealed handgun under §5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot.
        1. As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school.
        2. "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by the Department of Correction or Department of Community Correction.

HISTORY: Acts 1989, No. 649, §§1-4; 1993, No. 1166, §1; 1993, No. 1189, §4; 1994 (2nd Ex. Sess.), No. 57, §1; 1994 (2nd Ex. Sess.), No. 58, §1; 1999, No. 1282, §1; 2001, No. 592, §1; 2005, No. 1994, §476; 2013, No.226, §1, 2013, No.746, §2; 2013, No. 1390, §1; 2015, No. 1078, §1; 2015, No. 933, §1.

§5-73-120 - (2015) Carrying a weapon
  1. A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.
  2. As used in this section:
    1. "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap;
    2. "Handgun" means any firearm with a barrel length of less than twelve inches (12'') that is designed, made, or adapted to be fired with one (1) hand; and
    3. "Journey" means travel beyond the county in which a person lives; and
    4. "Knife" means any bladed hand instrument three inches (3") or longer that is capable of inflicting serious physical injury or death by cutting or stabbing. Including a dirk, a sword or spear in a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterfly knife.
  3. It is permissible to carry a weapon under this section that if at the time of the act of carrying the weapon:
    1. The person is in his or her own dwelling, place of business, or on property in which he or she has a possessory or proprietary interest;
    2. The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties;
    3. The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;
    4. The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon;
    5. The person is a registered commissioned security guard acting in the course and scope of his or her duties;
    6. The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun;
    7. The person is a certified law enforcement officer;
    8. The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under §5-73-301 et seq. , or recognized under §5-573-321 and is not in a prohibited place as defined by §5-73-306; or
    9. The person is a prosecuting attorney or deputy prosecuting attorney carrying a firearm under §16-21-147.
    10. The person is in possessionof a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law.
    1. Carrying a weapon is a Class A misdemeanor.

HISTORY: Acts 1975, No. 696, §1; 1981, No. 813, §1; A.S.A. 1947, §41-3151; Acts 1987, No. 266, §1; 1987, No. 556, §1; 1987, No. 734, §1; 1995, No. 832, §1; 2003, No. 1267, §2; 2005, No. 1994, §293; 2013, No. 539, §2; 2013, No. 746, §2; 2015, No. 1155, §14.

§5-73-122 - (2015) Carrying a firearm in publicly owned buildings or facilities
    1. Except as provided in §5-73-322 and § 5-73-306(5), it is unlawful for any person other than a law enforcement officer or a security guard in the employ of the state or an agency of the state, or any city or county, or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds.
    2. It is unlawful for any person other than a law enforcement officer or a security guard in the employ of the state or an agency of the state, or any city or county, or any state or federal military personnel, to knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Justice Building in Little Rock.
    3. However, this subsection does not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds;
      1. For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds;
      2. If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds.
        1. If the person has a license to carry a concealed handgun under §5-73-301 et seq.and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot.
          1. As used in this subdivision (a)(3)(C), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school.
          2. "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by the Department of Correction or Department of Community Correction.
    4. As used in this section, "facility" means a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property.
    1. Any person other than a law enforcement officer, officer of the court, or bailiff, acting in the line of duty, or any other person authorized by the court, who possesses a handgun in the courtroom of any court of this state is guilty of a Class D felony.
    2. Otherwise, any person violating a provision of this section is guilty of a Class A misdemeanor.

HISTORY: Acts 1977, No. 549, §§1, 2; A.S.A. 1947, §§41-3113, 41-3114; Acts 1991, No. 1044, §1; 1995, No. 1223, §1; 1997, No. 910, §1; 2013, No. 226, §2; 2015, No. 1078, §2, No. 1259, §1.

§5-73-124 - Tear gas -- Pepper spray
    1. Except as otherwise provided in this section, any person who carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor.
      1. It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only.
      2. However, the capacity of the container shall not exceed one hundred fifty cubic centimeters (150 cc).
  1. The provisions of this section do not apply to any:
    1. Peace officer while engaged in the discharge of his or her official duties; or
    2. Banking institution desiring to have possession of tear gas or pepper spray in any form for the purpose of securing funds in its custody from theft or robbery.

HISTORY: Acts 1949, No. 338, §§1-3; 1977, No. 329, §§1, 2; A.S.A. 1947, §§41-3168 -- 41-3170; Acts 1993, No. 674, §1; 1995, No. 1201, §1; 2011, No. 1168, §2.

§5-73-125 - Interstate sale and purchase of shotguns, rifles, and ammunition
  1. The sale of shotguns and rifles and ammunition in this state to residents of other states is authorized under regulations issued by the Attorney General of the United States under the Gun Control Act of 1968, 18 U.S.C. §921 et seq., as in effect on January 1, 2009.
  2. A resident of this state may purchase a rifle, shotgun, or ammunition in another state as expressly authorized under the regulations issued under the Gun Control Act of 1968, 18 U.S.C. §921 et seq., as in effect on January 1, 2009.

HISTORY: Acts 1969, No. 159, §§1, 2; A.S.A. 1947, §§41-3174, 41-3175; Acts 2009, No. 487, §1.

§5-73-127 - Possession of loaded center-fire weapons in certain areas
  1. It is unlawful to possess a loaded center-fire weapon, other than a shotgun and other than in a residence or business of the owner, in the following areas:
    1. Baxter County:
      1. That part bounded on the south by Highway 178, on the west and north by Bull Shoals Lake, and on the east by the Central Electric Power Corporation transmission line from Howard Creek to Highway 178;
      2. That part of Bidwell Point lying south of the east-west road which crosses Highway 101 at the Presbyterian Church;
      3. That part of Bidwell Point lying west of Bennett's Bayou and north of the east-west road which crosses Highway 101 at the Presbyterian Church;
      4. That part of Baxter County between:
        1. County Road 139 and Lake Norfork to the north and west;
        2. County Road 151 and Lake Norfork to the north, west, and south in the Diamond Bay area;
        3. The Bluff Road and Lake Norfork to the west;
        4. John Lewis Road (Timber Lake Manor) and Lake Norfork to the west and south;
        5. The south end of County Road 91 south of its intersection with John Lewis Road and Lake Norfork to the south and east; and
        6. County Road 150 from its intersection with County Road 93 south and Lake Norfork to the south and east but not east of County Road 93;
    2. Benton County:
      1. That part of the Hobbs Estate north of State Highway 12, west of Rambo Road, and south and east of Van Hollow Creek and the Van Hollow Creek arm of Beaver Lake;
      2. All of Bella Vista Village; and
      3. That part bounded on the north by Beaver Lake, on the east by Beaver Lake, on the south by the Hobbs State Management Area boundary from the intersection of State Highway 12 eastward along the boundary to its intersection with the Van Hollow Creek arm of Beaver Lake;
    3. Benton and Carroll Counties: That part bounded on the north by Highway 62, on the east by Highway 187 and Henry Hollow Creek, and the south and west by Beaver Lake and the road from Beaver Dam north to Highway 62;
    4. Conway County: That part lying above the rimrock of Petit Jean Mountain;
    5. Garland County: All of Hot Springs Village and Diamondhead;
    6. Marion County:
      1. That part known as Bull Shoals Peninsula, bounded on the east and north by White River and Lake Bull Shoals, on the west by the Jimmie Creek arm of Lake Bull Shoals, and on the south by the municipal boundaries of the City of Bull Shoals;
      2. That part of Marion County bounded on the north, west, and south by Bull Shoals Lake and on the east by County Roads 355 and 322 from their intersections with State Highway 202 to the points where they respectively dead-end at arms of Bull Shoals Lake;
      3. The Yocum Bend Peninsula of Bull Shoals Lake bounded on the north and east by Bull Shoals Lake, on the west by Pine Mountain and Bull Shoals Lake, and on the south by County Road 30; and
      4. Those lands situated in Marion County known as the Frost Point Peninsula, not inundated by the waters of Bull Shoals Lake, being more particularly described as follows:
        1. Section Six, Township Twenty North, Range Fifteen West, (Sec. 6 -- T.20 N. -- R.15 W.), lying south of the White River channel;
        2. Section One, Township Twenty North, Range Sixteen West, (Sec. 1 -- T.20 N. -- R.16 W.); and
        3. East Half of Section Two, Township Twenty North, Range Sixteen West, (E 1/2 Sec. 2 -- T.20 N. -- R.16 W.); North Half of the Northeast Quarter of Section Eleven, Township Twenty North, Range Sixteen West (N 1/2 -- NE 1/4 Sec. 11 -- T.20 N. -- R.16 W.); and
    7. A platted subdivision located in an unincorporated area.
  2. Nothing contained in this section shall be construed to limit or restrict or to make unlawful the discharge of a firearm in defense of a person or property within the areas described in this section.
  3. A person who is found guilty or who pleads guilty or nolo contendere to violating this section is guilty of a violation and shall be fined no less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500).
  4. This section does not apply to a:
    1. Law enforcement officer in the performance of his or her duties;
    2. Discharge of a center-fire weapon at a firing range maintained for the discharging of a center-fire weapon; or
    3. Person possessing a valid concealed handgun license under §5-73-301 et seq.

HISTORY: Acts 1985, No. 515, §§1-3; 1987, No. 829, §1; 1989, No. 63, §1; 1991, No. 148, §1; 1991, No. 731, §1; 1993, No. 1099, §1; 2007, No. 52, §1; 2009, No. 748, §40.

§5-73-128 - Offenses upon property of public schools
    1. The court shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for a person within twenty-four (24) hours after the plea or finding, if a person who is less than nineteen (19) years of age at the time of the commission of the offense:
      1. Pleads guilty or nolo contendere to any criminal offense under §§5-73-101 et seq. or 5-73-201 et seq., and the plea is accepted by the court, or is found guilty of any criminal offense under §§5-73-101 et seq. or 5-73-201 et seq., if the state proves that the offense was committed upon the property of a public school or in or upon any school bus; or
      2. Is found by a juvenile division of circuit court to have committed an offense described in subdivision (a)(1)(A) of this section.
    2. In a case of extreme and unusual hardship, the order may provide for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school.
  1. Upon receipt of an order of denial of driving privileges under this section, the department shall suspend the motor vehicle operator's license of the person for not less than twelve (12) months nor more than thirty-six (36) months.
  2. A penalty prescribed in this section is in addition to any other penalty prescribed by law for an offense covered by this section.

HISTORY: Acts 1993, No. 264 §§1-3; 1993, No. 781, §§1-3.

§5-73-129 - Furnishing a handgun or a prohibited weapon to a felon
  1. A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person who he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony.
  2. A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes:
    1. A sawed-off shotgun or rifle;
    2. A firearm that has been specially made or specially adapted for silent discharge;
    3. A machine gun;
    4. A bomb;
    5. Metal knuckles;
    6. A defaced firearm, as defined in §5-73-107; or
    7. Other implement for the infliction of serious physical injury or death that serves no common lawful purpose, to a person who has been found guilty of or who has pleaded guilty or nolo contendere to a felony.
  3. Furnishing a handgun or a prohibited weapon to a felon is a Class B felony.

HISTORY: Acts 1994 (2nd Ex. Sess.), No. 41, §1; 1994 (2nd Ex. Sess.), No. 42, §1.

§5-73-130 - Seizure and forfeiture of firearm -- Seizure and forfeiture of motor vehicle -- Disposition of property seized
  1. If a person under eighteen (18) years of age is unlawfully in possession of a firearm, the firearm shall be seized and, after an adjudication of delinquency or a conviction, is subject to forfeiture.
  2. If a felon or a person under eighteen (18) years of age is unlawfully in possession of a firearm in a motor vehicle, the motor vehicle is subject to seizure and, after an adjudication of delinquency or a conviction, subject to forfeiture.
  3. As used in this section, "unlawfully in possession of a firearm" does not include any act of possession of a firearm that is prohibited only by:
    1. Section 5-73-127, unlawful to possess loaded center-fire weapons in certain areas; or
    2. A regulation of the Arkansas State Game and Fish Commission.
  4. The procedures for forfeiture and disposition of the seized property is as follows:
    1. The prosecuting attorney of the judicial district within whose jurisdiction the property is seized that is sought to be forfeited shall promptly proceed against the property by filing in the circuit court a petition for an order to show cause why the circuit court should not order forfeiture of the property; and
    2. The petition shall be verified and shall set forth:
      1. A statement that the action is brought pursuant to this section;
      2. The law enforcement agency bringing the action;
      3. A description of the property sought to be forfeited;
      4. A statement that on or about a date certain there was an adjudication of delinquency or a conviction and a finding that the property seized is subject to forfeiture;
      5. A statement detailing the facts in support of subdivision (d)(1) of this section; and
      6. A list of all persons known to the law enforcement agency, after diligent search and inquiry, who may claim an ownership interest in the property by title or registration or by virtue of a lien allegedly perfected in the manner prescribed by law.
    1. Upon receipt of a petition complying with the requirements of subdivision (d)(1) of this section, the circuit court judge having jurisdiction shall issue an order to show cause setting forth a statement that this subchapter is the controlling law.
    2. In addition, the order shall set a date at least forty-one (41) days from the date of first publication of the order pursuant to subsection (f) of this section for all persons claiming an interest in the property to file such pleadings as they desire as to why the circuit court should not order the forfeiture of the property for use, sale, or other disposition by the law enforcement agency seeking forfeiture of the property.
    3. The circuit court shall further order that any person who does not appear on that date is deemed to have defaulted and waived any claim to the subject property.
    1. The prosecuting attorney shall give notice of the forfeiture proceedings by:
      1. Causing a copy of the order to show cause to be published two (2) times each week for two (2) consecutive weeks in a newspaper having general circulation in the county where the property is located with the last publication being not less than five (5) days before the show cause hearing; and
      2. Sending a copy of the petition and order to show cause by certified mail, return receipt requested, to each person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if:
        1. The property is of a type for which title or registration is required by law;
        2. The owner of the property is known in fact to the law enforcement agency at the time of seizure; or
        3. The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, §4-1-101 et seq.
    2. The law enforcement agency is only obligated to make diligent search and inquiry as to the owner of the property, and if, after diligent search and inquiry, the law enforcement agency is unable to ascertain the owner, the requirement of actual notice by mail with respect to a person having a perfected security interest in the property is not applicable.
  5. At the hearing on the matter, the petitioner has the burden to establish that the property is subject to forfeiture by a preponderance of the evidence.
  6. In determining whether or not a motor vehicle should be ordered forfeited, the circuit court may take into consideration the following factors:
    1. Any prior criminal conviction or delinquency adjudication of the felon or juvenile;
    2. Whether or not the firearm was used in connection with any other criminal act;
    3. Whether or not the vehicle was used in connection with any other criminal act;
    4. Whether or not the juvenile or felon was the lawful owner of the vehicle in question;
    5. If the juvenile or felon is not the lawful owner of the vehicle in question, whether or not the lawful owner knew of the unlawful act being committed that gives rise to the forfeiture penalty; and
    6. Any other factor the circuit court deems relevant.
  7. The final order of forfeiture by the circuit court shall perfect in the law enforcement agency right, title, and interest in and to the property and shall relate back to the date of the seizure.
  8. Physical seizure of property is not necessary in order to allege in a petition under this section that the property is forfeitable.
  9. Upon filing the petition, the prosecuting attorney for the judicial district may also seek such protective orders as are necessary to prevent the transfer, encumbrance, or other disposal of any property named in the petition.
  10. The law enforcement agency to which the property is forfeited shall:
    1. Destroy any forfeited firearm; and
    2. Either:
      1. Sell the motor vehicle in accordance with subsection (m) of this section; or
      2. If the motor vehicle is not subject to a lien that has been preserved by the circuit court, retain the motor vehicle for official use.
    1. If a law enforcement agency desires to sell a forfeited motor vehicle, the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and by sending a copy of the notice of the sale by certified mail, return receipt requested, to each person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if:
      1. The property is of a type for which title or registration is required by law;
      2. The owner of the property is known in fact to the law enforcement agency at the time of seizure; or
      3. The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, §4-1-101 et seq.
    2. The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold.
    3. The property shall then be disposed of at public auction to the highest bidder for cash without appraisal.
  11. The proceeds of any sale and any moneys forfeited shall be applied to the payment of:
    1. The balance due on any lien preserved by the circuit court in the forfeiture proceedings;
    2. The cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property;
    3. The costs incurred by the prosecuting attorney or attorney for the law enforcement agency, approved by the prosecuting attorney, to which the property is forfeited; and
    4. Costs incurred by the circuit court.
  12. The remaining proceeds or moneys shall be deposited into a special county fund to be titled the "Juvenile Crime Prevention Fund", and the moneys in the fund shall be used solely for making grants to community-based nonprofit organizations that work with juvenile crime prevention and rehabilitation.

HISTORY: Acts 1994 (2nd Ex. Sess.), No. 55, §1; 1994 (2nd Ex. Sess.), No. 56, §1; 2005, No. 1994, §260; 2007, No. 827, §96.

§5-73-131 - Possession or use of weapons by incarcerated persons
  1. A person commits the offense of possession or use of weapons by incarcerated persons if, without approval of custodial authority he or she uses, possesses, makes, repairs, sells, or otherwise deals in any weapon, including, but not limited to, any bomb, firearm, knife, or other implement for the infliction of serious physical injury or death and that serves no common lawful purpose, while incarcerated in the Department of Correction, the Department of Community Correction, or a county or municipal jail or detention facility.
  2. Possession or use of weapons by incarcerated persons is a Class D felony.
  3. This section is not applicable to possession of a weapon by an incarcerated person before he or she completes the standard booking and search procedures in a jail facility after arrest.

HISTORY: Acts 1995, No. 443, §1; 1995, No. 453, §1.

§5-73-132 - Sale, rental, or transfer of firearm to person prohibited from possessing firearms
  1. A person shall not sell, rent, or transfer a firearm to any person who he or she knows is prohibited by state or federal law from possessing the firearm.
    1. Violation of this section is a Class A misdemeanor, unless the firearm is:
      1. A handgun;
      2. A sawed-off or short-barrelled shotgun, as defined in §5-1-102;
      3. A sawed-off or short-barrelled rifle, as defined in §5-1-102;
      4. A firearm that has been specially made or specially adapted for silent discharge;
      5. A machine gun;
      6. An explosive or incendiary device, as defined in §5-71-301;
      7. A defaced firearm, as defined in §5-73-107; or
      8. Other implement for the infliction of serious physical injury or death that serves no common lawful purpose.
    2. If the firearm is listed in subdivision (b)(1) of this section, a violation of this section is a Class B felony.

HISTORY: Acts 1999, No. 1558, §3.

§5-73-133 - Possession of a taser stun gun
  1. As used in this section, "taser stun gun" means any device that:
    1. Is powered by an electrical charging unit such as a battery; and
    2. Either:
      1. Emits an electrical charge in excess of twenty thousand (20,000) volts; or
      2. Is otherwise capable of incapacitating a person by an electrical charge.
    1. No person who is eighteen (18) years of age or under may purchase or possess a taser stun gun.
    2. No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under.
  2. Any law enforcement officer using a taser stun gun shall be properly trained in the use of the taser stun gun and informed of any danger or risk of serious harm and injury that may be caused by the use of the taser stun gun on a person.
    1. A person who violates subdivision (b)(1) of this section is deemed guilty of an unclassified misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
    2. A person who violates subdivision (b)(2) of this section is deemed guilty of a Class B felony.

HISTORY: Acts 2005, No. 2153, §1.

Subchapter 2 - Uniform Machine Gun Act

§5-73-201 - Title

This subchapter may be cited as the "Uniform Machine Gun Act".

HISTORY: Acts 1935, No. 80, §12; Pope's Dig., §3525; A.S.A. 1947, §41-3167.

§5-73-202 - Definitions

As used in this subchapter:

  1. "Crime of violence" means any of the following crimes or an attempt to commit any of them:
    1. Murder;
    2. Manslaughter;
    3. Kidnapping;
    4. Rape;
    5. Mayhem;
    6. Assault to do great bodily harm;
    7. Robbery;
    8. Burglary;
    9. Housebreaking;
    10. Breaking and entering; and
    11. Larceny;
  2. "Machine gun" means a weapon of any description by whatever name known, loaded or unloaded, from which more than five (5) shots or bullets may be rapidly, or automatically, or semi-automatically, discharged from a magazine, by a single function of the firing device; and
  3. "Person" includes a firm, partnership, association, or corporation.

HISTORY: Acts 1935, No. 80, §1; Pope's Dig., §3514; A.S.A. 1947, §41-3157.

§5-73-203 - Uniformity of interpretation

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

HISTORY: Acts 1935, No. 80, §11; Pope's Dig., §3524; A.S.A. 1947, §41-3166.

§5-73-204 - Possession or use for offensive or aggressive purposes unlawful

Possession or use of a machine gun for offensive or aggressive purpose is declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than ten (10) years.

HISTORY: Acts 1935, No. 80, §3; Pope's Dig., §3516; A.S.A. 1947, §41-3159.

§5-73-205 - Presumption of offensive or aggressive purpose
  1. Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose:
    1. When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found;
    2. When in the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court of record, state or federal, of the United States of America, its territories or insular possessions;
    3. [Repealed.]
    4. When empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun.
  2. machine gun is exempt from the presumption of offensive or aggressive purpose if:
    1. The machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act, 26 U.S.C. §5801 et seq., or the Gun Control Act, 18 U.S.C. §921 et seq.;
    2. The machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and
    3. The corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law.

HISTORY: Acts 1935, No. 80, §4; Pope's Dig., §3517; A.S.A. 1947, §41-3160; Acts 2003, No. 1352, §1; 2007, No. 827, §97.

§5-73-206 - Evidence of possession or use

The presence of a machine gun in any room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the machine gun is found.

HISTORY: Acts 1935, No. 80, §5; Pope's Dig., §3518; A.S.A. 1947, §41-3161.

§5-73-207 - Manufacture for military, nonaggressive, or nonoffensive use

Nothing contained in this subchapter prohibits or interferes with:

  1. The manufacture for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States, or the transportation required for that purpose;
  2. The possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or
  3. The possession of a machine gun other than one adapted to use pistol cartridges of 30 (.30 in. or 7.63 mm.) or larger caliber, for a purpose manifestly not aggressive or offensive.

HISTORY: Acts 1935, No. 80, §6; Pope's Dig., §3519; A.S.A. 1947, §41-3162.

§5-73-208 - Registration by manufacturers
  1. Every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer.
  2. This register shall show:
    1. The model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered, or from whom it was received; and
    2. The purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received.
  3. Upon demand every manufacturer shall permit any marshal, sheriff, or police officer to inspect the manufacturer's entire stock of machine guns, parts, and supplies therefor, and shall produce the register, required by this section, for inspection.
  4. A violation of this section is a violation punishable by a fine of not less than one hundred dollars ($100).

HISTORY: Acts 1935, No. 80, §7; Pope's Dig., §3520; A.S.A. 1947, §41-3163; Acts 2009, No. 748, §41.

§5-73-210 - Search warrants

Warrant to search any house or place and seize any machine gun adapted to use pistol cartridges of 30 (.30 in. or 7.63 mm ) or larger caliber possessed in violation of this subchapter may issue in the same manner and under the same restrictions as provided by law for stolen property, and any court of record upon application of the prosecuting attorney shall have jurisdiction and power to order any illegal machine gun, thus legally seized, to be confiscated and either destroyed or delivered to a law enforcement officer of the state or a political subdivision of the state.

HISTORY: Acts 1935, No. 80, §9; Pope's Dig., §3522; A.S.A. 1947, §41-3165; Acts 2005, No. 1994, §247.

Subchapter 3 - Concealed Handguns

§5-73-301 - (2015) Definitions

As used in this subchapter:

  1. "Acceptable electronic format" means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on a concealed handgun license as clearly as an original concealed handgun license;
  2. "Concealed" means to cover from observation so as to prevent public view;
  3. "Convicted" means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense;
  4. "Handgun" means any firearm, other than a fully automatic firearm, with a barrel length of less than twelve inches (12'') that is designed, made, or adapted to be fired with one (1) hand; and.
  5. "Licensee" means a person granted a valid license to carry a concealed handgun pursuant to this subchapter.
  6. "Parking lot" means an area, structure, or part of a structure designated for the parking of motor vehicles or a designated drop-off zone for children at a school."

HISTORY: Acts 1995, No. 411, §1; 1995, No. 419, §1; 1997, No. 1239, §1; 2007, No. 664, §1; 2007, No. 827, §§98, 99; 2013, No. 419, §1; 2015, No. 1078, §3.

§5-73-302 - Authority to issue license
  1. The Director of the Department of Arkansas State Police may issue a license to carry a concealed handgun to a person qualified as provided in this subchapter.
    1. For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the state for a period of five (5) years from the date of issuance.
    2. After July 31, 2007, upon renewal, an existing valid license to carry a concealed handgun shall be issued for a period of five (5) years.
      1. After July 31, 2007, a license or renewal of a license issued to a former elected or appointed sheriff of any county of this state shall be issued for a period of five (5) years.
      2. The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses.
      1. The former elected or appointed sheriff shall meet the same qualifications as all other applicants.
      2. However, the former elected or appointed sheriff is exempt from the fee prescribed by §5-73-311(a)(2) and from the training requirements of §5-73-309(13) for issuance.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 389, §1; 2007, No. 1014, §§1, 3.

§5-73-303 - Immunity from civil damages

The state, a county or city, or any employee of the state, county, or city is not liable for any civil damages resulting from the issuance of a license pursuant to a provision of this subchapter.

HISTORY: Acts 1995, No. 411, §3; 1995, No. 419, §3.

§5-73-304 - (2013) Exemptions
      1. A current or former certified law enforcement officer, chief of police, court bailiff, or county sheriff is exempt from the licensing requirements of this subchapter, if otherwise authorized to carry a concealed handgun.
      2. A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter.
    1. Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer.
  1. An auxiliary law enforcement officer or employee of a local detention facility is exempt from the licensing requirements of this subchapter if the auxiliary law enforcement officer or employee of a local detention facility:
    1. If an auxiliary law enforcement officer, has completed the minimum training requirements and is certified as an auxiliary law enforcement officer in accordance with the commission; and
    2. Is authorized in writing as exempt from the licensing requirements of this subchapter by the chief of police or county sheriff that has appointed the auxiliary law enforcement officer or employs the employee of a local detention facility.
  2. The authorization prescribed in subdivision (b)(2) of this section shall be carried on the person of the auxiliary law enforcement officer or employee of a local detention facility and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in §5-73-306.
  3. As used in this section, "employee of a local detention facility" means a person who:
    1. Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include:
      1. Securing a local detention facility;
      2. Monitoring inmates in a local detention facility; and
      3. Administering the daily operation of the local detention facility; and
    2. Has completed the minimum training requirements for his or her position.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 696, §1; 1997, No. 1239, §8; 1999, No. 1508, §§1, 7; 2013, No. 415, §1; 2013, No. 1220, §1.

§5-73-305 - Criminal penalty

Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this subchapter, or who knowingly submits a false document when applying for a license issued pursuant to this subchapter upon conviction is guilty of a Class B misdemeanor.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2.

§5-73-306 - (2015) Prohibited places

No license to carry a concealed handgun issued pursuant to this subchapter authorizes any person to carry a concealed handgun into:

  1. Any police station, sheriff's station, or Department of Arkansas State Police station;
  2. Any Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department facility;
    1. Any building of the Arkansas State Highway and Transportation Department or onto grounds adjacent to any building of the Arkansas State Highway and Transportation Department.
    2. However, subdivision (3)(A) of this section does not apply to;
      1. A rest area or weigh station of the Arkansas State Highway and Transportation Department; or
      2. A publicly owned and maintained parking lot that is a publicly accessible parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in the publicly owned and maintained parking lot;
  3. Any part of a detention facility, prison, or jail, including without limitation a parking lot owned, maintained, or otherwise controlled by the Department of Correction or Department of Community Correction;
  4. Any courthouse, courthouse annex or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county officeunless:
    1. The licensee is either:
      1. Employed by the county; or
      2. A countywide elected official;
    2. The licensee's principal place of employment is within the courthouse, the courthouse annex or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office; and
    3. The quorum court by ordinance approves a plan that allows licensees permitted under this subdivision (5) to carry a concealed handgun into the courthouse as set out by the local security and emergency preparedness plan;
    1. Any courtroom.
    2. However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a concealed weapon into his or her courtroom;
  5. Any meeting place of the governing body of any governmental entity;
  6. Any meeting of the General Assembly or a committee of the General Assembly;
  7. Any state office;
  8. Any athletic event not related to firearms;
  9. Any portion of an establishment, except a restaurant as defined in §3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises;
  10. Any portion of an establishment, except a restaurant as defined in §3-5-1202, where beer or light wine is consumed on the premises;
  11. A school, college, community college, or university campus building or event;
    1. For the purpose of participating in an authorized firearms-related activity; or
    2. However, subdivision (14)(A) of this section does not apply to;
      1. A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that:
        1. Is located on the developed property of the kindergarten through grade twelve (K-12) private school;
        2. Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and
        3. Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under §5-73-119(e);or
      2. A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school.
      3. Participation in an authorized firearms-related activity;
      4. Carrying a concealed handgun as authorized under 5-73-322; or
      5. A publicly owned and maintained parking lot of a college, community college, or university if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle.
  12. Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal firearm into the passenger terminal if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft;
    1. Any church or other place of worship;
    2. However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship;
  13. Any place where the carrying of a firearm is prohibited by federal law;
  14. Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration; or
      1. Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that "carrying a handgun is prohibited".
        1. If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place.
        2. In addition to the requirement of subdivision (19)(B)(i) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance.
      2. A written notice as described in subdivision (19)(A) of this section is not required for a private home.
      3. Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun.
    1. Subdivision (19)(A) of this section does not apply if the physical location is;
      1. A public university, public college, or community college, as defined in §5-73-322, and the licensee is carrying a concealed handgun as provided under §5-73-322, or
      2. A publicly owned and maintained parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 1239, §2; 2003, No. 1110, §1; 2007, No. 664, §2; 2009, No. 294, §28; 2011, No. 758, §1; 2013 No. 67, §1; 2013 No. 226, §§3, 4; 2013, No. 1390, §2; 2015, No. 1175, §1, No. 1078, §§4, 5, 6, 7, No. 933, §2, No. 1259, §2.

§5-73-307 - List of license holders
  1. The Department of Arkansas State Police shall maintain an automated listing of license holders and this information shall be available on-line, upon request, at any time, to any law enforcement agency through the Arkansas Crime Information Center.
  2. Nothing in this subchapter shall be construed to require or allow the registration, documentation, or providing of a serial number with regard to any firearm.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 1239, §3; 2007, No. 827, §100.

§5-73-308 - (2013) License -- Issuance or denial
      1. The Director of the Department of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon.
      2. The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years.
    1. Subdivision (a)(1) of this section does not apply to a misdemeanor that has been expunged or for which the imposition of sentence was suspended.
    2. Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case.
    1. The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun.
    2. ithin one hundred twenty (120) days after the date of receipt of the items listed in §5-73-311(a), the director shall:
      1. Issue the license; or
      2. Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter.
      1. If the director denies the application, the director shall notify the applicant in writing, stating the grounds for denial.
      2. The decision of the director is subject to appeal under the Arkansas Administrative Procedure Act, §25-15-201 et seq.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 1239, §4; 2011, No. 758, §2; 2013, No. 1328, §1.

§5-73-309 - (2015) License -- Requirements

The Director of the Department of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant:

  1. Is a citizen of the United States or a permanent legal resident;
    1. Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application.
    2. However, subdivision (2)(A) of this section does not apply to any:
      1. Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or
      2. Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status;
  2. Is at least;
    1. Twenty-one (21) years of age; or
    2. Eighteen (18) years of age and is:
      1. Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces;
      2. In the National Guard or a reserve component of the United States Armed Forces; or
      3. A former member of the United States Armed Forces that has been honorably discharged;
  3. Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide;
    1. Has not been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for conviction and had firearms possession rights restored.
    2. A record of a conviction that has been sealed or expunged under Arkansas law does not render an applicant ineligible to receive a concealed handgun license if:
      1. The applicant was sentenced prior to March 13, 1995; or
      2. The order sealing or expunging the applicant's record of conviction complies with §16-90-605;
  4. Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Department of Arkansas State Police and the Federal Bureau of Investigation's National Instant Check System;
    1. Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired.
    2. It is presumed that an applicant chronically and habitually uses a controlled substance to the extent that his or her faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, §5-64-101 et seq., or a similar law of any other state or the United States relating to a controlled substance within the three-year period immediately preceding the date on which the application is submitted;
    1. Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired.
    2. It is presumed that an applicant chronically and habitually uses an alcoholic beverage to the extent that his or her normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under a law of this state or similar law of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;
  5. Desires a legal means to carry a concealed handgun to defend himself or herself;
  6. Has not been adjudicated mentally incompetent;
  7. Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility;
  8. Is not a fugitive from justice or does not have an active warrant for his or her arrest;
  9. Has satisfactorily completed a training course as prescribed and approved by the director; and
  10. Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 368, §1; 1997, No. 1239, §10; 1999, No. 51, §1; 2003, No. 545, §§1, 5; 2007, No. 198, §1; 2007, No. 664, §3; 2013, No. 989, §1; Act 2015, No. 105, §1, No. 649, §1.

§5-73-310 - Application form

The application for a license to carry a concealed handgun shall be completed, under oath, on a form promulgated by the Director of the Department of Arkansas State Police and shall include only:

  1. The name, address, place and date of birth, race, and sex of the applicant;
  2. The driver's license number or social security number of the applicant;
  3. Any previous address of the applicant for the two (2) years preceding the date of the application;
  4. A statement that the applicant is in compliance with criteria contained within §§5-73-308(a) and 5-73-309;
  5. A statement that the applicant has been furnished a copy of this subchapter and is acquainted with the truth and understanding of this subchapter;
  6. A conspicuous warning that the application is executed under oath, and that a knowingly false answer to any question or the knowing submission of any false document by the applicant subjects the applicant to:
    1. Criminal prosecution and precludes any future license's being issued to the applicant; and
    2. Immediate revocation if the license has already been issued;
  7. A statement that the applicant desires a legal means to carry a concealed handgun to defend himself or herself;
    1. A statement of whether the applicant is applying for:
      1. An unrestricted license, that allows the person to carry any handgun; or
      2. A restricted license, that allows the person to carry any handgun other than a semiautomatic handgun.
      1. An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun.
      2. An applicant requesting a restricted license shall establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and
  8. A statement of whether or not the applicant has been found guilty of a crime of violence or domestic abuse.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 1239, §5; 1999, No. 786, §1.

§5-73-311 - (2013) Application procedure
  1. The applicant for a license to carry a concealed handgun shall submit the following to the Department of Arkansas State Police:
    1. A completed application, as described in §5-73-310;
    2. A nonrefundable license fee of one hundred dollars ($100) , except that the nonrefundable license fee is fifty dollars ($50.00) if the applicant is sixty-five (65) years of age or older;
      1. A full set of fingerprints of the applicant.
      2. In the event a legible set of fingerprints, as determined by the department and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Department of Arkansas State Police shall determine eligibility in accordance with criteria that the department shall establish by promulgating rules.
      3. Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant;
      1. A waiver authorizing the department access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records.
      2. If a check of the applicant's criminal records uncovers any unresolved felony arrests over ten (10) years old, then the applicant shall obtain a letter of reference from the county sheriff, prosecuting attorney, or circuit judge of the county where the applicant resides that states that to the best of the county sheriff's, prosecuting attorney's, or circuit judge's knowledge that the applicant is of good character and free of any felony convictions.
      3. The department shall maintain the confidentiality of the medical, criminal, or other records; and
    3. A digital photograph of the applicant or a release authorization to obtain a digital photograph of the applicant from another source.
    1. Upon receipt of the items listed in subsection (a) of this section, the department shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing.
      1. The department shall forward a notice of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence.
        1. The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may participate, at his or her discretion, in the process by submitting a voluntary report to the department containing any readily discoverable information that he or she feels may be pertinent to the licensing of any applicant.
        2. The reporting under subdivision (b)(2)(B)(i) of this section shall be made within thirty (30) days after the date the notice of the application was sent by the department.
  2. A concealed handgun license issued, renewed, or obtained under §5-73-314 or §5-73-319 after December 31, 2007, shall bear a digital photograph of the licensee.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 1239, §9; 1997, No. 1251, §1; 1999, No. 487, §1; 2007, No. 664, §4; 2009, No. 748, §42; 2013, No. 1271, §2.

§5-73-312 - Revocation
    1. A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in §5-73-308(a) or §5-73-309.
      1. Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Department of Arkansas State Police.
      2. The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination.
  1. When the Department of Arkansas State Police receives notification from any law enforcement agency or court that a licensee has been found guilty or has pleaded guilty or nolo contendere to any crime involving the use of a weapon, the license issued under this subchapter is immediately revoked.
  2. The director shall revoke the license of any licensee who has pleaded guilty or nolo contendere to or been found guilty of an alcohol-related offense committed while carrying a handgun.

HISTORY: Acts 1995, No. 411, §§2, 4, 5; 1995, No. 419, §§2, 4, 5; 1997, No. 1239, §11; 2003, No. 545, §4; 2007, No. 827, §101.

§5-73-313 - Expiration and renewal
  1. Except as provided in subdivision (f)(1) of this section, the licensee may renew his or her license no more than ninety (90) days prior to the expiration date by submitting to the Department of Arkansas State Police:
    1. A renewal form prescribed by the department;
    2. A verified statement that the licensee remains qualified pursuant to the criteria specified in §§5-73-308(a) and 5-73-309;
    3. A renewal fee of thirty-five dollars ($35.00);
    4. A certification or training form properly completed by the licensee's training instructor reflecting that the licensee's training was conducted; and
    5. A digital photograph of the licensee or a release authorization to obtain a digital photograph of the licensee from another source.
  2. The license shall be renewed upon receipt of the completed renewal application, a digital photograph of the licensee, and appropriate payment of fees subject to a background investigation conducted pursuant to this subchapter that did not reveal any disqualifying offense or unresolved arrest that would disqualify a licensee under this subchapter.
  3. Additionally, a licensee who fails to file a renewal application on or before the expiration date shall renew his or her license by paying a late fee of fifteen dollars ($15.00).
    1. No license shall be renewed six (6) months or more after its expiration date, and the license is deemed to be permanently expired.
      1. A person whose license has been permanently expired may reapply for licensure.
      2. An application for licensure and fees pursuant to §§5-73-308(a), 5-73-309, and 5-73-311(a) shall be submitted, and a new background investigation shall be conducted.
  4. A new criminal background investigation shall be conducted when an applicant applies for renewal of a license. Costs for processing a new background check shall be paid by the applicant.
    1. An active duty member of the armed forces of the United States, a member of the National Guard, or a member of a reserve component of the armed forces of the United States, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the department:
      1. Proof of assignment outside of this state on the expiration date of the license; and
      2. The items listed in subdivisions (a)(1)-(5) of this section.
    2. Subsections (c) and (d) of this section shall not apply to a person who renews his or her license under subdivision (f)(1) of this section.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 1997, No. 1239, §§6, 12; 1999, No. 487, §2; 2003, No. 545, §2; 2005, No. 881, §1; 2007, No. 664, §5.

§5-73-314 - (2015) Lost, destroyed , or duplicate license -- Change of address
  1. Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license to carry a concealed handgun lost, the licensee shall notify the Director of the Department of Arkansas State Police in writing of the change or loss.
  2. If a license to carry a concealed handgun is lost or destroyed, or a duplicate is requested, the person to whom the license to carry a concealed handgun was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or replacement license upon:
    1. Paying the Department of Arkansas State Police of a fee established by the director under the Arkansas Administrative Procedure Act, §25-15-201 et seq.; and
    2. Furnishing a notarized statement to the department that the license to carry a concealed handgun has been lost or destroyed or that a duplicate is requested.
    3. The fee described in subdivision (b)(1) of this section shall be reduced by fifty percent (50%) if a person sixty-five (65) years of age or older is requesting a replacement or duplicate license under this section.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 2011, No. 758, §3; 2013, No.1271, §2; 2015, No. 1155, §15.

§5-73-315 - (2013) Possession of license -- Identification of licensee
  1. Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun.
  2. The licensee shall:
    1. Carry the license, or an electronic copy of the license in an acceptable electronic format,together with valid identification, at any time when the licensee is carrying a concealed handgun; and
    2. Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer.
  3. The presentment of proof of a license to carry a concealed handgun in electronic form does not:
    1. Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
    2. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2; 2007, No. 827, §102; 2013, No. 419, §2; 2013, No. 415, §1.

§5-73-316 - Fees

Any fee collected by the Department of Arkansas State Police pursuant to this subchapter shall be deposited into the Department of Arkansas State Police Fund.

HISTORY: Acts 1995, No. 411, §2; 1995, No. 419, §2.

§5-73-317 - Rules and regulations

The Director of the Department of Arkansas State Police may promulgate rules and regulations to permit the efficient administration of this subchapter.

HISTORY: Acts 1995, No. 411, §8; 1995, No. 419, §8.

§5-73-318 - Instructor review of applications
  1. An instructor authorized to conduct a training course required by this subchapter shall check the application of a student for completeness, accuracy, and legibility.
  2. An instructor who repeatedly fails to comply with subsection (a) of this section may have his or her license to conduct a training course revoked.

HISTORY: Acts 1997, No. 1239, §7.

§5-73-319 - Transfer of a license to Arkansas
  1. Any person who becomes a resident of Arkansas who has a valid license to carry a concealed handgun issued by a reciprocal state may apply to transfer his or her license to Arkansas by submitting the following to the Department of Arkansas State Police:
    1. The person's current reciprocal state license;
    2. Two (2) properly completed fingerprint cards;
    3. A nonrefundable license fee of thirty-five dollars ($35.00);
    4. Any fee charged by a state or federal agency for a criminal history check; and
    5. A digital photograph of the person or a release authorization to obtain a digital photograph of the person from another source.
  2. After July 31, 2007, the newly transferred license is valid for a period of five (5) years from the date of issuance and binds the holder to all Arkansas laws and regulations regarding the carrying of the concealed handgun.

HISTORY: Acts 2003, No. 545, §3; 2007, No. 664, §26; 2007, No. 1014, §2.

§5-73-320 - (2013) License for certain members of the Arkansas National Guard or a reserve component or active duty military personnel
  1. The Department of Arkansas State Police may issue a license under this subchapter to a person who:
    1. Is currently serving as a federally recognized commissioned or noncommissioned officer of the National Guard or a reserve component of the armed forces of the United States or an active duty member of the armed forces of the United States;
    2. Submits the following documents:
      1. A completed concealed handgun license application as prescribed by the department;
      2. A form specified by the Director of the Department of Arkansas State Police reflecting the fingerprints of the applicant;
      3. A properly completed and dated certificate from a concealed handgun carry training instructor who is registered with the department;
      4. A live fire qualification issued or granted by a branch of the United States armed forces or in lieu of a live fire qualification a letter dated and personally signed by a commanding officer or his or her designee stating that the applicant:
        1. Is a current member of the National Guard or a reserve component of the armed forces of the United States or an active duty member of the armed forces of the United States;
        2. Is of good character and sound judgment; and
        3. Has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date;
      5. A copy of the face or photograph side of a current United States Uniformed Services military identification card, if the applicant is a member of the armed forces; and
      6. An electronic passport-style photo of the applicant, if the applicant does not hold an Arkansas driver's license or identification card; and
    3. Submits any required fees.
  2. Except as otherwise specifically stated in this section, the license issued under this section is subject to the provisions of this subchapter and any rules promulgated under §5-73-317.

HISTORY: Acts 2005, No. 1868, §1; 2007, No. 664, §7; 2007, No. 1014, §3; 2013, No. 989, §2.

§5-73-321 - (2013) Recognition of other states' licenses

A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter.

HISTORY: Acts 2009, No. 748, §43; 2013, No. 1089, §1.

§5-73-322 - (2015) Concealed handguns in a university, college, or community college building
  1. As used in this section:
      1. "Public university, public college, or community college" means an institution that:
        1. Regularly receives budgetary support from the state government;
        2. Is part of the University of Arkansas or Arkansas State University systems; or
        3. Is required to report to the Arkansas Higher Education Coordinating Board.
      2. "Public university, public college, or community college" does not include a private university or private college solely because:
        1. Students attending the private university or private college receive state-supported scholarships; or
        2. The private university or private college voluntarily reports to the Arkansas Higher Education Coordinating Board; and
    1. "Staff member" means a person who is not enrolled as a full-time student at the university, college, or community college and is either employed by the university, college, or community college full time or is on a nine-month or twelve-month appointment at the university, college, or community college as a faculty member.
  2. A licensee may possess a concealed handgun in the buildings and on the grounds, whether owned or leased by the public university, public college, or community college, of the public university, public college, or community college where he or she is employed unless otherwise prohibited by §5-73-306 if:
    1. He or she is a staff member; and
      1. The governing board of the public university, public college, or community college does not adopt a policy expressly disallowing the carrying of a concealed handgun by staff members in the buildings or on the grounds of the public university, public college, or community college and posts notices as described in §5-73-306(19).
      2. A governing board of the public university, public college, or community college may adopt differing policies for the carrying of a concealed handgun by staff members for different campuses, areas of a campus, or individual buildings of the public university, public college, or community college for which the governing board is responsible.
      3. A policy disallowing the carrying of a concealed handgun by staff members into the public university, public college, or community college expires one (1) year after the date of adoption and must be readopted each year by the governing board of the public university, public college, or community college to remain in effect.
  3. A licensee may possess a concealed handgun in the buildings and on the grounds of the private university or private college where he or she is employed unless otherwise prohibited by §5-73-306 if:
    1. He or she is a staff member; and
    2. The private university or private college does not adopt a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college and posts notices as described in §5-73-306(19).
  4. The storage of a handgun in a university or college-operated student dormitory or residence hall is prohibited, under §5-73-119(c).

HISTORY: 2013 No. 226, §5; 2015, No. 1155, §16.

§5-73-323 - (2013) Parole board exemptions

A member of the Parole Board, a board investigator, or a parole revocation judge who has been issued a license to carry a concealed handgun by the Department of Arkansas State Police under this subchapter may carry his or her concealed handgun into a building in which or a location on which a law enforcement officer may carry a handgun if the board member, board investigator, or parole revocation judge is on official business of the board.

HISTORY: 2013 No. 320, §2.

CHAPTER 79 - Body Armor

§5-79-101 - Criminal possession of body armor
  1. No person may possess body armor if that person has been found guilty of or has pleaded guilty or nolo contendere to any of the following offenses:
    1. Capital murder, §5-10-101;
    2. Murder in the first degree, §5-10-102;
    3. Murder in the second degree, §5-10-103;
    4. Manslaughter, §5-10-104;
    5. Aggravated robbery, §5-12-103;
    6. Battery in the first degree, §5-13-201; or
    7. Aggravated assault, §5-13-204.
  2. As used in this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance.
  3. A violation of this section constitutes a Class A misdemeanor.

HISTORY: Acts 1999, No. 1449, §1; 2005, No. 1994, §299.

TITLE 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS

SUBTITLE 2. - Law Enforcement Agencies And Programs

CHAPTER 15 - Weapons

Subchapter 2 - Concealed Handgun Permits

§12-15-201 - (2013) Definitions

As used in this subchapter:

  1. "Auxiliary law enforcement officer" means a person certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff or chief of police of a municipality where he or she is acting as an auxiliary law enforcement officer if:
    1. The auxiliary law enforcement officer has completed the minimum training requirements and is certified as an auxiliary law enforcement officer in accordance with the commission; and
    2. The chief of police of the law enforcement agency or county sheriff authorizes the status of the auxiliary law enforcement officer and the authorization is:
      1. In writing;
      2. In the possession of the auxiliary law enforcement officer; and
      3. Produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places under §5-73-306;
  2. "Certified law enforcement officer" means any appointed or elected law enforcement officer or county sheriff employed by a public law enforcement department, office, or agency who:
    1. Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; and
    2. Has met the selection and training requirements for certification set by the Arkansas Commission on Law Enforcement Standards and Training; and
  3. "Employee of a local detention facility" means a person who:
    1. Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include:
      1. Securing a local detention facility;
      2. Monitoring inmates in a local detention facility; or
      3. Administering the daily operation of the local detention facility;
    2. Has completed the minimum training requirements; and
    3. Has obtained authorization from the chief of police of the law enforcement agency or county sheriff and the authorization is:
      1. In writing;
      2. In the possession of the employee of a local detention facility; and
      3. Produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places under §5-73-306;
  4. "In good standing" means that the person:
    1. Was not terminated;
    2. Did not resign in lieu of termination; or
    3. Was not subject to a pending disciplinary action or criminal investigation at the time of his or her retirement or resignation from the public law enforcement department, office, or agency;
  5. "Local detention facility" means a jail or other facility that is operated by a municipal police force or a county sheriff for the purpose of housing persons charged with or convicted of a criminal offense; and
  6. "Public law enforcement department, office, or agency" means any public police department, county sheriff's office, or other public agency, force, or organization whose primary responsibility as established by law, statute, or ordinance is the enforcement of the criminal, traffic, or highway laws of this state.

HISTORY: Acts 1995, No. 1332, §2; 2007, No. 675, §1; 2013, No. 415, §2; 2013, No. 1220, §2.

§12-15-202 - (2015) Eligibility to carry concealed handgun
  1. Any certified law enforcement officer, auxiliary law enforcement officer, employee of a local detention facility, prosecuting attorney, or deputy prosecuting attorney designated by the prosecuting attorney may carry a concealed handgun if the certified law enforcement officer, auxiliary law enforcement officer, employee of a local detention facility, prosecuting attorney, or deputy prosecuting attorney designated by the prosecuting attorney:
    1. Is presently in the employ of a public law enforcement department, office, or agency;
    2. Is authorized by the public law enforcement department, office, or agency to carry a firearm in the course and scope of his or her duties;
    3. Is not subject to any disciplinary action that suspends his or her authority as a certified law enforcement officer, auxiliary law enforcement officer, employee of a local detention facility, prosecuting attorney, or deputy prosecuting attorney designated by the prosecuting attorney;
    4. Is carrying a badge and appropriate written photographic identification issued by the public law enforcement department, office, or agency identifying him or her as a certified law enforcement officer, auxiliary law enforcement officer,employee of a local detention facility, prosecuting attorney, or deputy prosecuting attorney designated by the prosecuting attorney;
    5. Is not otherwise prohibited under federal law;
    6. Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
    7. Has fingerprint impressions on file with the Department of Arkansas State Police Automated Fingerprint Identification System.
    1. A concealed handgun may be carried by any retired law enforcement officer or retired auxiliary law enforcement officer acting as a retired auxiliary law enforcement officer who:
      1. Retired in good standing from service with a public law enforcement department, office, or agency for reasons other than mental disability;
      2. Immediately before retirement was a certified law enforcement officer authorized by a public law enforcement department, office, or agency to carry a firearm in the course and scope of his or her duties;
      3. Is carrying appropriate written photographic identification issued by a public law enforcement department, office, or agency identifying him or her as a retired and former certified law enforcement officer;
      4. Is not otherwise prohibited under federal law from receiving or possessing a firearm;
      5. Has fingerprint impressions on file with the Department of Arkansas State Police Automated Fingerprint Identification System together with written authorization for state and national level criminal history record screening;
      6. During the most recent twelve-month period has met, at the expense of the retired law enforcement officer, the standards of this state for training and qualification for active law enforcement officers to carry firearms;
      7. Before his or her retirement, worked or was employed as a law enforcement officer or acted as an auxiliary law enforcement officer for an aggregate of ten (10) years or more; and
      8. Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance.
      1. The chief law enforcement officer of the city or county shall keep a record of all retired law enforcement officers authorized to carry a concealed handgun in his or her jurisdiction and shall revoke any authorization for good cause shown.
      2. The Director of the Department of Arkansas State Police shall keep a record of all retired department officers authorized to carry a concealed handgun in the state and shall revoke any authorization for good cause shown.
      1. A firearms instructor certified by the Arkansas Commission on Law Enforcement Standards and Training who is employed by any law enforcement agency in this state may certify or recertify that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms.
      2. A retired law enforcement officer shall pay the expenses for meeting the training and qualification requirements described in subdivision (c)(1)(A) of this section.
    1. A firearms instructor who certifies or recertifies that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms under subdivision (c)(1)(A) of this section shall complete and submit any required paperwork to the commission.
  2. Any certified law enforcement officer or retired law enforcement officer carrying a concealed handgun under this section is not subject to the prohibitions and limitations of §5-73-306.
    1. Any presently employed certified law enforcement officer authorized by another state to carry a concealed handgun shall be entitled to the same privilege while in this state, but subject to the same restrictions of this section, provided that the state which has authorized the officer to carry a concealed handgun extends the same privilege to presently employed Arkansas-certified law enforcement officers.
    2. The director shall make a determination as to which states extend the privilege to carry a concealed handgun to presently employed Arkansas-certified law enforcement officers and shall then determine which states' officers' authority to carry concealed handguns will be recognized in Arkansas.

HISTORY: Acts 1995, No. 1332, §1; 1997, No. 92, §1; 1997, No. 302, §1; 2001, No. 251, §1; 2001, No. 585, §1; 2003, No. 348, §1; 2007, No. 134, §1; 2007, No. 675, §2; 2013, No. 415, §3; 2013, No. 539, §3; 2013, No. 1220, §3; 2015, No. 958, §1.

SUBTITLE 4 - MILITARY AFFAIRS

CHAPTER 61 - Military Forces

Subchapter 1 - State Militia Generally

§12-61-115 - Proclamation of emergency
  1. Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops are serving, or any specified portion thereof, to be in a state of insurrection or emergency.
  2. Should the Governor proclaim a state of insurrection or emergency hereunder and in the event the local courts or law enforcement officers are incapable of functioning, such legal functions in furtherance of the enforcement of the civil laws of the state shall be performed by the militia.
  3. This section does not authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition.
  4. Any law enforcement officer or member of the militia who seizes or confiscates a firearm or ammunition from an individual under this section shall return the seized or confiscated firearm or ammunition to the individual unless:
    1. The individual is arrested for a criminal offense; or
    2. The seized firearm or ammunition is needed as evidence in the furtherance of an investigation of a criminal offense.

HISTORY: Acts 1969, No. 50, §§8, 20; A.S.A. 1947, §§11-108, 11-120; Acts 2007, No. 1578, §1.

SUBTITLE 5 - EMERGENCY MANAGEMENT

CHAPTER 75 - Arkansas Emergency Services Act Of 1973

Subchapter 1 - General Provisions

§12-75-114 - (2013) Governor -- Disaster emergency responsibilities
  1. The Governor is responsible for meeting and mitigating, to the maximum extent possible, dangers to the people and property of the state presented or threatened by disasters.
    1. Under this chapter, the Governor may issue executive orders, proclamations, and regulations and amend or rescind them.
    2. Executive orders, proclamations, and regulations have the force and effect of law.
    1. There is created within the office of the Governor a disaster response fund, a disaster recovery fund, a catastrophic loss fund, and a hazard mitigation fund, which shall be separate and apart from the Governor's standard emergency fund.
    2. The initial amount of the disaster response fund shall be in the amount of two million dollars ($2,000,000), solely for use to defray the cost of immediate emergency response.
    3. The disaster recovery fund shall be in the amount of five million dollars ($5,000,000), with:
      1. The sum of two million dollars ($2,000,000) from the disaster recovery fund solely for use in individual assistance; and
      2. The sum of three million dollars ($3,000,000) from the disaster recovery fund solely for use in public assistance.
    4. The hazard mitigation fund shall be in the amount of three million dollars ($3,000,000), solely for use in hazard mitigation assistance.
    5. The sum of three million two hundred fifty thousand dollars ($3,250,000) from the catastrophic loss fund solely for use in catastrophic losses suffered by both individuals and public entities.
    6. The Governor's disaster fund may be increased from time to time at the discretion of the Governor.
    7. Expenditures from the individual assistance and public assistance funds may only be made in the event of a disaster as defined in §12-75-103 and only upon proclamation by the Governor.
    8. Expenditures from the emergency response fund shall be made by executive order of the Governor, upon recommendation and verification by the Director of the Arkansas Department of Emergency Management, and may only be made to defray immediate costs associated with response activities by emergency forces of state and local governments and private nonprofit forces duly registered in accordance with §12-75-129.
      1. Expenditures from the hazard mitigation fund shall be made by executive order of the Governor.
      2. The director shall establish and maintain a current hazard vulnerability analysis of key critical public facilities eligible for assistance under the Governor's hazard mitigation fund.
      1. Expenditures from the catastrophic loss fund may only be made in the event of a federally declared disaster, as well as a disaster as defined in §12-75-103, and only upon a separate proclamation by the Governor that a disaster has occurred in which catastrophic losses have been suffered by individuals or public entities in the state, or both.
      2. The director shall establish and maintain such criteria as are necessary to administer the funds authorized for catastrophic loss.
    1. During the continuance of any state of disaster emergency, the Governor is Commander-in-Chief of all forces available for emergency duty.
    2. To the greatest extent practicable, the Governor shall delegate or assign operational control by prior arrangement embodied in appropriate executive orders or regulations, but nothing in this section restricts the Governor's authority to do so by orders issued at the time of the disaster emergency.
  2. In addition to any other powers conferred upon the Governor by law, the Governor may:
    1. Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency;
    2. Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency;
    3. Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management;
    4. Subject to any applicable requirements for compensation under §12-75-124, commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency;
    5. Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the Governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery;
    6. Prescribe routes, modes of transportation, and destinations in connection with evacuation;
    7. Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein;
    8. Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and
    9. Make provision for the availability and use of temporary emergency housing.

HISTORY: Acts 1973, No. 511, §8; 1985, No. 629, §2; A.S.A. 1947, §11-1941; Acts 1993, No. 1049, §3; 1995, No. 116, §2; 1999, No. 449, §7; 1999, No. 646, §§20, 21; 2001, No. 1278, §4; 2007, No. 1290, §86; 2009, No. 165, §§38, 39; 2013, No. 547, §1.

TITLE 14 - LOCAL GOVERNMENT

SUBTITLE 2 - COUNTY GOVERNMENT

CHAPTER 16 - Powers Of Counties Generally

Subchapter 5 - Regulation of Use of Firearms and Archery Equipment

§14-16-501 - Regulation upon request of suburban improvement district
  1. Upon the written request of the governing body of a suburban improvement district, a county may by ordinance regulate the discharge of firearms and the shooting of archery equipment within all or any part of the suburban improvement district.
  2. As used in this section, "suburban improvement district" means a suburban improvement district which includes as one of its purposes for organization the construction or maintenance of roads or streets and which is governed by §14-92-201 et seq. or its predecessor acts.

HISTORY: Acts 1991, No. 385, §1; 1991, No. 681, §1.

§14-16-502 - Regulation upon request of property owners' association

Upon the written request of a property owners' association which has a population at least equal to that prescribed for cities of the first class and which is located outside the boundaries of a municipality, a county may by ordinance regulate the discharge of firearms and the shooting of archery equipment within all or any part of the area included in the property owners' association.

HISTORY: Acts 1991, No. 385, §2.

§14-16-503 - Exemptions

Nothing in this subchapter shall be construed to prohibit:

  1. The discharge of a firearm or archery equipment in the defense of life or property;
  2. The discharge of a firearm or archery equipment at a public or private shooting range or gallery; or
  3. The discharge of a firearm by a law enforcement officer in the performance of his or her duty.

HISTORY: Acts 1991, No. 385, §3.

§14-16-504 - Regulation by local unit of government
  1. As used in this section, "local unit of government" means a city, town, or county.
      1. A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.
      2. The provision in subdivision (b)(1)(A) of this section does not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.
      1. A local unit of government shall not have the authority to bring suit and shall not have the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.
      2. The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas.
      3. However, subdivisions (b)(1)(A) and (B) of this section do not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.
    1. The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms.
    2. A person who has his or her firearm seized in violation of subdivision (c)(1) of this section may bring an action in the circuit court having jurisdiction for the return of the seized firearm.

HISTORY: Acts 1993, No. 1100, §§1-3; 1999, No. 951, §1; 2011, No. 165, §1.

SUBTITLE 3 - MUNICIPAL GOVERNMENT

CHAPTER 54 - Powers Of Municipalities Generally

Subchapter 14 - Miscellaneous Regulations

§14-54-1411 - Firearms and ammunition
  1. As used in this section, "local unit of government" means a city, town, or county.
      1. A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.
      2. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.
      1. A local unit of government shall have no authority to bring suit and shall have no right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.
      2. The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas.
      3. Provided, this shall not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.
    1. Notwithstanding subsection (b) of this section, the governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, may enact an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms.
    2. Such emergency ordinance shall not be effective for a period of more than twenty (20) days and shall be enacted by a two-thirds (2/3) majority of the governing body.

HISTORY: Acts 1993, No. 1100, §§1-3; 1999, No. 951, §2.

TITLE 16 - PRACTICE, PROCEDURE, AND COURTS

SUBTITLE 2 - COURTS AND COURT OFFICERS

CHAPTER 21 - Prosecuting Attorneys

Subchapter 1 - General Provisions

§16-21-147 - (2013) Powers of deputy prosecuting attorney -- Disposition of federal forfeiture funds
  1. A deputy prosecuting attorney who is duly appointed in any county of a judicial district shall, with the prosecuting attorney's consent, have the authority to perform all official acts as a deputy prosecuting attorney in all counties within the district.
    1. A prosecuting attorney and those deputy prosecuting attorneys and other staff members he or she designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communication equipment in coordination with interagency cooperative investigations and operations.
    2. However, the prosecuting attorney and all members of his or her office shall have no greater arrest powers than those accorded all citizens under the Arkansas Constitution and the Arkansas Code.
    3. A prosecuting attorney and those deputy prosecuting attorneys designated by the prosecuting attorney may carry firearms.
    4. A prosecuting attorney who elects to carry a firearm or authorize his or her deputy prosecuting attorneys to carry a firearm shall adopt a weapons policy and a use of force policy.
  2. A prosecuting attorney shall have the power to appoint deputy prosecuting attorneys and other employees at such salaries as are authorized in the grant awards from the Department of Finance and Administration's Drug Law Enforcement Program, Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, as amended, or its successor.
  3. All federal forfeitures to a prosecuting attorney's office shall be deposited in a separate account pursuant to §5-64-505(i)(4).

HISTORY: Acts 1993, No. 1306, §4; 1999, No. 1120, §7; 2013, No. 539, §4.

SUBTITLE 7 - PARTICULAR PROCEEDINGS AND REMEDIES

CHAPTER 120 - Immunity From Tort Liability Notes

Subchapter 1 - General Provisions

§16-120-106 - (2015) Use of deadly physical force
  1. A person is immune from civil action for the use of deadly physical force against another person who is an initial aggressor if the use of the deadly physical force was in accordance with §5-2-607.
  2. A court shall award reasonable attorney's fees, costs, and trial-related expenses to a person in defense of a civil action brought by another person if the court finds that the person is immune from civil action as provided in this section.

History: Acts 2015, No. 1073, §2

TITLE 20 - PUBLIC HEALTH AND WELFARE

SUBTITLE 2 - HEALTH AND SAFETY

CHAPTER 27 - Miscellaneous Health and Safety Provisions

Subchapter 23 - The Arkansas Children's Imitation Firearms Act

§20-27-2301 - Definition
  1. As used in this section, "imitation firearm" means a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including only:
    1. Air-soft guns firing nonmetallic projectiles;
    2. Replica nonguns; and
    3. Water guns.
  2. "Imitation firearm" does not include:
    1. A nonfiring, collector replica of an antique firearm developed before 1898;
    2. Traditional BB, paintball, or pellet-firing air guns that expel a projectile through the force of air pressure; or
    3. A device:
      1. For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm);
      2. For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or
      3. That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device.

HISTORY: Acts 2009, No. 1495, §2.

§20-27-2302 - Sale of imitation firearms prohibited -- Penalty
  1. Except as provided under subsection (b) of this section, it is unlawful to sell or offer for sale within this state, by mail or in any other manner, an imitation firearm.
  2. A person may sell or offer for sale an imitation firearm if the device is sold solely for purposes of:
    1. Export in interstate or foreign commerce;
    2. Lawful use in a theatrical production;
    3. Use in a certified or regulated sporting event or competition;
    4. Use in a military or civil defense activity or ceremonial activity; or
    5. A public display authorized by a public or private school.
  3. A person who violates subsection (a) of this section is subject in an action brought by the city attorney or prosecuting attorney to a civil penalty of not more than one thousand dollars ($1,000) for each violation.

HISTORY: Acts 2009, No. 1495, §2.

TITLE 25 - STATE GOVERNMENT

CHAPTER 19 - Freedom Of Information Act Of 1967

§25-19-105 - (2015) Examination and copying of public records
      1. Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the custodian of the records.
      2. However, access to inspect and copy public records shall be denied to:
        1. A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and
        2. The representative of a person under subdivision (a)(1)(B)(i) of this section unless the representative is the person's attorney who is requesting information that is subject to disclosure under this section.
      1. A citizen may make a request to the custodian to inspect, copy, or receive copies of public records.
      2. The request may be made in person, by telephone, by mail, by facsimile transmission, by electronic mail, or by other electronic means provided by the custodian.
      3. The request shall be sufficiently specific to enable the custodian to locate the records with reasonable effort.
    1. If the person to whom the request is directed is not the custodian of the records, the person shall so notify the requester and identify the custodian, if known to or readily ascertainable by the person.
  1. It is the specific intent of this section that the following shall not be deemed to be made open to the public under the provisions of this chapter:
    1. State income tax records;
    2. Medical records, adoption records, and education records as defined in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g, unless their disclosure is consistent with the provisions of that act;
    3. The site files and records maintained by the Arkansas Historic Preservation Program of the Department of Arkansas Heritage and the Arkansas Archeological Survey;
    4. Grand jury minutes;
    5. Unpublished drafts of judicial or quasi-judicial opinions and decisions;
    6. Undisclosed investigations by law enforcement agencies of suspected criminal activity;
    7. Unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices, Court of Appeals Judges, and the Attorney General;
    8. Documents that are protected from disclosure by order or rule of court;
      1. Files that if disclosed would give advantage to competitors or bidders; and
        1. Records maintained by the Arkansas Economic Development Commission related to any business entity's planning, site location, expansion, operations, or product development and marketing, unless approval for release of those records is granted by the business entity.
        2. However, this exemption shall not be applicable to any records of expenditures or grants made or administered by the commission and otherwise disclosable under the provisions of this chapter;
      1. The identities of law enforcement officers currently working undercover with their agencies and identified in the Arkansas Minimum Standards Office as undercover officers.
      2. Records of the number of undercover officers and agency lists are not exempt from this chapter;
    9. Records containing measures, procedures, instructions, or related data used to cause a computer or a computer system or network, including telecommunication networks or applications thereon, to perform security functions, including, but not limited to, passwords, personal identification numbers, transaction authorization mechanisms, and other means of preventing access to computers, computer systems or networks, or any data residing therein;
    10. Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy;
    11. Personal contact information, including without limitation home or mobile telephone numbers, personal email addresses, and home addresses of nonelected state employees, nonelected municipal employees, nonelected school employees, and nonelected county employees contained in employer records, except that the custodian of the records shall verify an employee's city or county of residence or address on record upon request;
    12. Materials, information, examinations, and answers to examinations utilized by boards and commissions for purposes of testing applicants for licensure by state boards or commissions;
    13. Military service discharge records or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder as provided under §14-2-102, for veterans discharged from service less than seventy (70) years from the current date;
    14. Vulnerability assessments submitted by a public water system on or before June 30, 2004, to the Administrator of the United States Environmental Protection Agency for a period of ten (10) years from the date of submission;
      1. Records, including analyses, investigations, studies, reports, or recommendations, containing information relating to any Department of Human Services risk or security assessment, known or suspected security vulnerability, or safeguard related to compliance with the Health Insurance Portability and Accountability Act of 1996 or protection of other confidential department information.
      2. The records shall include:
        1. Risk and security assessments;
        2. Plans and proposals for preventing and mitigating privacy and security risks;
        3. Emergency response and recovery records;
        4. Privacy and security plans and procedures; and
        5. Any other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect personal health information or other protected department information.
      3. This subdivision (b)(17) expires on July 1, 2009;
      1. Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any public water system or municipally owned utility system.
      2. The records under (b)(18)(A) include:
        1. Risk and vulnerability assessments;
        2. Plans and proposals for preventing and mitigating security risks;
        3. Emergency response and recovery records;
        4. Security plans and procedures;
        5. Plans and related information for generation, transmission, and distribution systems; and
        6. Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system;
    15. Records pertaining to the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun, or a present or past licensee under §5-73-301 et seq., including without limitation all records provided to or obtained by a local, state, or federal government or their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee, and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee except that:
      1. Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and
      2. The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records.
    16. Personal information of current and former public water system customers and municipally owned utility system customers, including without limitation:
      1. Home and mobile telephone numbers;
      2. Personal email addresses;
      3. Home and business addressees; and
      4. Customer usage data.
    1. Notwithstanding subdivision (b)(12) of this section, all employee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon final administrative resolution of any suspension or termination proceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure.
    2. Any personnel or evaluation records exempt from disclosure under this chapter shall nonetheless be made available to the person about whom the records are maintained or to that person's designated representative.
      1. Upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision.
        1. If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Either the custodian, requester, or the subject of the records may immediately seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter.
        2. In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion.
      2. However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General.
    1. Reasonable access to public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy those records shall not be denied to any citizen.
      1. Upon request and payment of a fee as provided in subdivision (d)(3) of this section, the custodian shall furnish copies of public records if the custodian has the necessary duplicating equipment.
      2. A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian's existing software.
      3. A custodian is not required to compile information or create a record in response to a request made under this section.
        1. Except as provided in §25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records.
        2. The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means.
        3. If the estimated fee exceeds twenty-five dollars ($25.00), the custodian may require the requester to pay that fee in advance.
        4. Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest.
      1. The custodian shall provide an itemized breakdown of charges under subdivision (d)(3)(A) of this section.
  2. If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter.
    1. No request to inspect, copy, or obtain copies of public records shall be denied on the ground that information exempt from disclosure is commingled with nonexempt information.
    2. Any reasonably segregable portion of a record shall be provided after deletion of the exempt information.
    3. The amount of information deleted shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made.
    4. If it is necessary to separate exempt from nonexempt information in order to permit a citizen to inspect, copy, or obtain copies of public records, the custodian shall bear the cost of the separation.
  3. Any computer hardware or software acquired by an entity subject to §25-19-103(5)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form.
  4. Notwithstanding any Arkansas law to the contrary, at the conclusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. However, the provisions of this subsection shall not apply to any investigation or settlement agreement involving any state tax covered by the Arkansas Tax Procedure Act, §26-18-101 et seq.

HISTORY: Acts 1967, No. 93, §4; 1977, No. 652, §2; A.S.A. 1947, §12-2804; Acts 1987, No. 49, §1; 1989 (3rd Ex. Sess.), No. 8, §1; 1993, No. 895, §1; 1997, No. 540, §52; 1997, No. 873, §1; 1997, No. 1335, §1; 1999, No. 1093, §1; 2001, No. 1259, §1; 2001, No. 1336, §1; 2001, No. 1653, §2; 2003, No. 213, §1; 2003, No. 275, §2; 2003, No. 763, §2; 2003, No. 1214, §1; 2005, No. 259, §2; 2005, No. 2003, §1; 2007, No. 268, §2; 2007, No. 726, §§1, 2; 2007, No. 998, §2; 2009, No. 631, §2; 2009, No. 1291, §1; 2011, No. 99, §2; 2011, No. 168, §1; 2013, No. 145, §1; 2013, No. 235, §2; 2013, No. 411, §1; 2015, No. 186, §3.