User Panel
Posted: 7/19/2011 8:36:54 AM EDT
[Last Edit: JDMnAR]
Just thought I would try to post up a general reference for Arkansas' Concealed Carry rules, regulations, etc - again. After seeing several people ask questions in the past few weeks regarding prohibited places,reciprocity and other things I figured it wouldn't hurt to update it from my archived thread.
Where Concealed Handguns are Prohibited: ACA §5-73-306 5-73-306. 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; (3) (A) 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. (B) However, subdivision (3)(A) of this section does not apply to a rest area or weigh station of the Arkansas State Highway and Transportation Department; (4) Any detention facility, prison, or jail; (5) Any courthouse; (6) (A) Any courtroom. (B) 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; (7) Any polling place; (8) Any meeting place of the governing body of any governmental entity; (9) Any meeting of the General Assembly or a committee of the General Assembly; (10) Any state office; (11) Any athletic event not related to firearms; (12) Any portion of an establishment, except a restaurant as defined in § 3-9-202, licensed to dispense alcoholic beverages for consumption on the premises; (13) Any portion of an establishment, except a restaurant as defined in § 3-9-202, where beer or light wine is consumed on the premises; (14) Any school, college, community college, or university campus building or event, unless for the purpose of participating in an authorized firearms-related activity; (15) 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; (16) Any church or other place of worship; (17) Any place where the carrying of a firearm is prohibited by federal law; (18) 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 (19) (A) 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". (B) (i) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. (ii) 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. (C) A written notice as described in subdivision (19)(A) of this section is not required for a private home. (D) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun. 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. AG Opinion on Carry on Higher Ed Campus - http://ag.arkansas.gov/opinions/docs/2003-372.html AG Opinion on Carrying in Municipal Parks - http://ag.arkansas.gov/opinions/docs/2003-244.html States that Recognize Arkansas Concealed Handgun Licenses The State of Arkansas has obtained memorandums of agreements with other states that enable valid concealed handgun license holders from each state (listed below) to carry a concealed handgun in the reciprocal state. An Arkansas concealed handgun license holder visiting one of the reciprocal states must obey all laws of a reciprocating state when exercising concealed handgun privileges. License holders are strongly encouraged to check for any changes in the laws of a reciprocating state before visiting that state and exercising concealed handgun privileges. Arkansas concealed handgun license laws do not supersede another states laws. Arkansas law requires that the reciprocal state have concealed handgun regulations at least as restrictive as the Arkansas regulations. There may be any number of reasons reciprocity agreements for concealed handgun licensing do not exist with states not found in the drop-down menu (below). The most common reasons are 1.) a disparity in training requirements, 2.) lack of specific background checks measures, or 3.) lack of pre-requisites for application. License Reciprocity - States that Recognize Arkansas Concealed Handgun License
Current listing of states that issue Concealed Handgun Licenses that are recognized and honored by the State of Arkansas. Further updates and additions or deletions may occur at any time. Alabama Alaska Arizona Colorado Delaware Florida Georgia Idaho Iowa Indiana Kansas Kentucky Louisiana (state only) Maine Minnesota Michigan Mississippi Missouri Montana Nebraska New Hampshire New Mexico Nevada North Carolina North Dakota (Class 1 only) Ohio Oklahoma Pennsylvania South Carolina South Dakota Tennessee Texas Utah Virginia Washington West Virginia Wisconsin Wyoming For the most up to date information hit the links below. Concealed Handgun Licensing - http://asp.arkansas.gov/services-and-programs/detail/concealed-handgun-licensing Concealed Handgun Regulations - https://static.ark.org/eeuploads/asp/CHCL_statutes_effective_08012011.pdf Concealed Handgun Admnistrative Rules - https://static.ark.org/eeuploads/asp/CHCL_rules_effective_date_010109.pdf CHL Application - https://static.ark.org/eeuploads/asp/chcl_application_march_2012.pdf Instructions CHL Online Application (new/renewal) - https://www.ark.org/asplicense/chcl_application/chcl.aspx CHL Status Check - https://www.ark.org/asplicense/chcl_application/chcl.aspx/Application/CheckStatusByLookUp 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. A.C.A. § 5-73-312 5-73-312. Revocation. (a) (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. (2) (A) 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. (B) The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination. (b) 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. (c) 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. Note: Searchable copy of Arkansas Code Annotated is available at http://www.lexisnexis.com/hottopics/arcode/Default.asp ETA (3/28/2012): Fixed link to new ASP page |
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This space for rent
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you just won eleventeen internets.
good post man. |
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Originally Posted By FlatlinesUp:
you just won eleventeen internets. good post man. This. Its tacked now, so it won't be going anywhere |
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The legend.
miseratio proeliator |
my initial thought was this needs to be tacked. Glad we think alike, cowboy.
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MoS #223
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Very Informative! Great post and great job! Thanks
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Corrected a bunch of links that the state changed.
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If violence is never the answer, you are asking the wrong questions.
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Has anyone else heard all the stuff about the new legislation that went into effect this year?
I've been hearing rumors that they changed a few words around and essentially (accidentally) made it legal to open carry a hand gun and also CC a handgun as long as your intentions weren't unlawful. I have heard they tried to say thats not what they were intending...but its in the wording. I've spoken with quite a few local LEOs here and they were told not to cite civilians for carrying (open) if they encountered the situation. |
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Originally Posted By JDMnAR:
Just thought I would try to post up a general reference for Arkansas' Concealed Carry rules, regulations, etc - again. After seeing several people ask questions in the past few weeks regarding prohibited places,reciprocity and other things I figured it wouldn't hurt to update it from my archived thread. Where Concealed Handguns are Prohibited: ACA §5-73-306 5-73-306. 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; (3) (A) 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. (B) However, subdivision (3)(A) of this section does not apply to a rest area or weigh station of the Arkansas State Highway and Transportation Department; (4) Any detention facility, prison, or jail; (5) Any courthouse; (6) (A) Any courtroom. (B) 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; (7) Any polling place; (8) Any meeting place of the governing body of any governmental entity; (9) Any meeting of the General Assembly or a committee of the General Assembly; (10) Any state office; (11) Any athletic event not related to firearms; (12) Any portion of an establishment, except a restaurant as defined in § 3-9-202, licensed to dispense alcoholic beverages for consumption on the premises; (13) Any portion of an establishment, except a restaurant as defined in § 3-9-202, where beer or light wine is consumed on the premises; (14) Any school, college, community college, or university campus building or event, unless for the purpose of participating in an authorized firearms-related activity; (15) 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; (16) Any church or other place of worship; (17) Any place where the carrying of a firearm is prohibited by federal law; (18) 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 (19) (A) 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". (B) (i) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. (ii) 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. (C) A written notice as described in subdivision (19)(A) of this section is not required for a private home. (D) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun. 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. View Quote AG Opinion on Carry on Higher Ed Campus - http://ag.arkansas.gov/opinions/docs/2003-372.html AG Opinion on Carrying in Municipal Parks - http://ag.arkansas.gov/opinions/docs/2003-244.html States that Recognize Arkansas Concealed Handgun Licenses The State of Arkansas has obtained memorandums of agreements with other states that enable valid concealed handgun license holders from each state (listed below) to carry a concealed handgun in the reciprocal state. An Arkansas concealed handgun license holder visiting one of the reciprocal states must obey all laws of a reciprocating state when exercising concealed handgun privileges. License holders are strongly encouraged to check for any changes in the laws of a reciprocating state before visiting that state and exercising concealed handgun privileges. Arkansas concealed handgun license laws do not supersede another states laws. Arkansas law requires that the reciprocal state have concealed handgun regulations at least as restrictive as the Arkansas regulations. There may be any number of reasons reciprocity agreements for concealed handgun licensing do not exist with states not found in the drop-down menu (below). The most common reasons are 1.) a disparity in training requirements, 2.) lack of specific background checks measures, or 3.) lack of pre-requisites for application. License Reciprocity - States that Recognize Arkansas Concealed Handgun License
Current listing of states that issue Concealed Handgun Licenses that are recognized and honored by the State of Arkansas. Further updates and additions or deletions may occur at any time. Alabama Alaska Arizona Colorado Delaware Florida Georgia Idaho Iowa Indiana Kansas Kentucky Louisiana (state only) Maine Minnesota Michigan Mississippi Missouri Montana Nebraska New Hampshire New Mexico Nevada North Carolina North Dakota (Class 1 only) Ohio Oklahoma Pennsylvania South Carolina South Dakota Tennessee Texas Utah Virginia Washington West Virginia Wisconsin Wyoming View Quote For the most up to date information hit the links below. Concealed Handgun Licensing - http://asp.arkansas.gov/services-and-programs/detail/concealed-handgun-licensing Concealed Handgun Regulations - https://static.ark.org/eeuploads/asp/CHCL_statutes_effective_08012011.pdf Concealed Handgun Admnistrative Rules - https://static.ark.org/eeuploads/asp/CHCL_rules_effective_date_010109.pdf CHL Application - https://static.ark.org/eeuploads/asp/chcl_application_march_2012.pdf Instructions CHL Online Application (new/renewal) - https://www.ark.org/asplicense/chcl_application/chcl.aspx CHL Status Check - https://www.ark.org/asplicense/chcl_application/chcl.aspx/Application/CheckStatusByLookUp 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. View Quote A.C.A. § 5-73-312 5-73-312. Revocation. (a) (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. (2) (A) 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. (B) The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination. (b) 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. (c) 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. View Quote Note: Searchable copy of Arkansas Code Annotated is available at http://www.lexisnexis.com/hottopics/arcode/Default.asp ETA (3/28/2012): Fixed link to new ASP page View Quote So, basically, I have to remove my pistol from my vehicle when I visit Arkansas because my CHL lapsed since it would be pointless to renew it since I'm moving there in a few months? I have to have read this wrong....? |
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SNIP
So, basically, I have to remove my pistol from my vehicle when I visit Arkansas because my CHL lapsed since it would be pointless to renew it since I'm moving there in a few months? I have to have read this wrong....? View Quote I'm having this same issue and question. I just moved here from Louisiana about 4 months ago and my brother is moving here from Texas. We both have our permits in those perspective states and have had this question about removing the pistol from the vehicle. |
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