Yes, I read the tacked thread, and had a few questions for clarification. The wording for "restaurants" seems to run around a bit, but carrying in a restaurant that serves alcohol is fine, but not in bars, correct? Also, I did not see anything limiting "government buildings" (of a state level, except for police stations, etc) so that should be GTG for everything else?

Thanks!

No, you cannot carry in government buildings. "Any state office" and "the meeting place of any governing body of any governmental entity" are both listed under the prohibited places.

As far as restaurants, here is the current definition:
11) "Restaurant" means any public or private place which is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served, such place being provided with adequate and sanitary kitchen and dining equipment and a seating capacity of at least fifty (50) people and having employed a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests or members. At least one (1) meal per day shall be served, and the place shall be open a minimum of five (5) days per week, with the exception of holidays, vacations, and periods of redecorating.

For a restaurant the easiest way to interpret that one is if no one under 21 is allowed and smoking IS allowed then you can't carry.  Different liquor license.  And as mentioned any government building or facility is covered.   This caused issues initially because Rest Stops buildings are government buildings.

Also something else to think about is most of these places are covered under the CHCL statutes.   But what if someone is carrying under Act 746 and do not possess a CHCL?   Do the CHCL statutes apply?   ACA 5-73-120, which was amended after the CHCL statutes became law, generally makes Arkansas a Constitutional Carry state so you "should" be able to carry anywhere(mostly anyway) and not get charged.    And on top of all that there is no stipulation for a penalty in the CHCL statutes if they are violated other than removal of your AR CHCL permit.

Thanks for the responses. Just wanted to cover my bases before I went down to Russelville.

The way I read the quoted material below is that force of law is invoked.  If you carry in a prohibited place your permit is invalid and you can be charged with carrying a weapon.


Penalties for carrying in prohibited places (thanks to Blueline279):
You can lose your permit, and be charged with carrying a weapon. If you are in a prohibited place, your permit is considered invalid. Carrying a weapon is a class A misdemeanor, so $1000 and/or a year in county jail. Carrying a weapon is 5-73-120, permit revocation is 5-73-312. See below for full text of both.


A.C.A. § 5-73-120

5-73-120. Carrying a weapon.

(a) 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 employ the handgun, knife, or club as a weapon against a person.
(b) 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) (A) "Knife" means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing.
(B) "Knife" includes a dirk, sword or spear in a cane, razor, ice pick, throwing star, switchblade, and butterfly knife.
(c) It is a defense to a prosecution under this section that at the time of the act of carrying a 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 licensed 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; or
(8) The person is in a motor vehicle and the person has a license to carry a concealed weapon pursuant to § 5-73-301 et seq.
(d) (1) Any person who carries a weapon into an establishment that sells alcoholic beverages is guilty of a misdemeanor and subject to a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both.
(2) Otherwise, 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.

The key wording in 5-73-120 is the issue here.   Since that was written after the CHCL statutes and also "seems" or "should" carry some weight these words might take precedence over being in a place where you shouldn't be.    We are still looking for a case however.

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 employ the handgun, knife, or club as a weapon against a person.

The above words(wording) of the current statute have not been challenged in court.     So according to 5-73-120 you're not in violation of "Carrying a Weapon" if you're carrying for self defense.   Regardless of what the rest of the statute rambles on about.   The rest of the statute also defines carrying outside of your home county which if challenged would be rendered unconstitutional.

All that aside however the ASP can still revoke ones permit.