ARKANSAS CODE OF 1987 ANNOTATED
                           TITLE 5. CRIMINAL OFFENSES
         SUBTITLE 6. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE
                               CHAPTER 73. WEAPONS
                         SUBCHAPTER 3. CONCEALED WEAPONS
     Copyright (c) 1987-1995 by The State of Arkansas. All rights reserved.

 AR ST T. 5, Subt. 6, Ch. 73, Subch. 3, References and Annotations
 5-73-301  Definitions.
 5-73-302  Authority to issue license.
 5-73-303  Civil penalty.
 5-73-304  Exemptions.
 5-73-305  Criminal penalty.
 5-73-306  Prohibited places.
 5-73-307  List of license holders.
 5-73-308  License -- Issuance or denial.
 5-73-309  License -- Requirements.
 5-73-310  Application form.
 5-73-311  Application procedure.
 5-73-312  Revocation.
 5-73-313  Expiration and renewal.
 5-73-314  Lost or destroyed permit -- Change of address.
 5-73-315  Possession of license -- Identification of licensee.
 5-73-316  Fees.
 5-73-317  Rules and regulations.
 

 5-73-301  Definitions.

   As used in this subchapter:
   (1) "Director" means the Director of the Department of Arkansas State Police;
   (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) "Concealed" means to cover from observation so as to prevent public view.

 History. Acts 1995, No. 411, s 1; 1995, No. 419, s 1.

 A.C.A. s 5-73-301   AR ST s 5-73-301
 
 

 5-73-302  Authority to issue license.

   (a) The director is authorized to issue licenses to carry concealed handguns
 to persons qualified as provided in this subchapter.
   (b) Such licenses shall be valid throughout the state for a period of four
 (4) years from the date of issuance.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-302   AR ST s 5-73-302
 

 5-73-303  Civil penalty.

   Neither the state, the county, nor the city, nor any employee of the state,
 county, or city, shall be liable for any civil damages resulting from the
 issuance of a license pursuant to the provisions of this subchapter.

 History. Acts 1995, No. 411, s 3; 1995, No. 419, s 3.

 A.C.A. s 5-73-303   AR ST s 5-73-303
 

 5-73-304  Exemptions.

   Certified law enforcement officers, chiefs of police, and sheriffs shall be
 exempt from the licensing requirements of this section, if otherwise authorized
 to carry a concealed handgun.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-304   AR ST s 5-73-304
 

 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, shall, upon conviction, be guilty of a Class B misdemeanor.

 History. Acts 1995, No. 411, s  2; 1995, No. 419, s 2.

 A.C.A. s 5-73-305   AR ST s 5-73-305
 
 

 5-73-306  Prohibited places.

   (a) No license issued pursuant to this subchapter shall authorize any person
 to carry a concealed handgun into:
   (1) Any police, sheriff's, or Department of Arkansas State Police station;
   (2) Any Arkansas Highway Police facility;
   (3) Any buildings of the Arkansas State Highway and Transportation
 Department, or onto any parking lots or grounds adjacent to such buildings;
   (4) Any detention facility, prison, or jail;
   (5) Any courthouse;
   (6) Any courtroom, except that nothing in this subchapter shall preclude a
 judge from carrying a concealed weapon or determining who will carry a
 concealed weapon in his courtroom;
   (7) Any polling place;
   (8) Any meeting place of the governing body of any governmental entity;
   (9) Any meeting of the legislature or a committee thereof;
   (10) Any building wherein a state office is located;
   (11) Any public park, unless for the purpose of participating in any
 authorized firearms-related activity;
   (12) Any athletic event not related to firearms;
   (13) Any portion of an establishment licensed to dispense alcoholic beverages
 for consumption on the premises;
   (14) Any portion of an establishment in which beer or light wine is consumed
 on the premises;
   (15) Any school, college, community college, or university campus or event,
 unless for the purpose of participating in an authorized firearms-related
 activity;
   (16) Inside the passenger terminal of any airport, except that no person
 shall be prohibited from carrying any legal firearm into the terminal if the
 firearm is encased for shipment for purposes of checking such firearm as
 baggage to be lawfully transported on any aircraft;
   (17) Any church or other place of worship; or
   (18) Any place where the carrying of firearms is prohibited by federal law.
   (b)(1) In addition to the places enumerated in this section, the carrying of
 a concealed handgun may be disallowed in any place in the discretion of the
 person or entity exercising control over the physical location of such place by
 the placing of a written notice clearly readable at a distance of not less than
 ten feet (10') that the "carrying of a handgun is prohibited."
   (2) Provided, no sign shall be required for private homes, and any licensee
 entering a private home shall notify the occupants that he is carrying a concealed handgun.
   (c) No license issued pursuant to this subchapter shall authorize the
 participants in a parade or demonstration for which a permit is required to
 carry a concealed handgun.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-306   AR ST s 5-73-306
 

 5-73-307  List of license holders.

   (a) The Department of Arkansas State Police shall maintain an automated
 listing of license holders and such information shall be available on-line,
 upon request, at all times, to all law enforcement agencies through the
 Arkansas Crime Information Center.
   (b) However, the records of the department relating to applications for
 licenses to carry concealed handguns and records relating to license holders
 shall be exempt from the provisions of the Freedom of Information Act, s 25-19-
 101 et seq., for a period of forty-five (45) days from the date of the issuance
 of the license or the final denial of an application.
   (c) Nothing in this subchapter shall be construed to require or allow the
 registration, documentation, or providing of serial numbers with regard to any
 firearm, except as required by s 5-73-310(8).

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-307   AR ST s 5-73-307
 

 5-73-308  License -- Issuance or denial.

   (a)(1) The director may deny a license if the applicant has been found guilty
 of one (1) or more crimes of violence constituting a misdemeanor, or 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.
   (2) The director shall, upon notification by any law enforcement agency or a
 court and subsequent written verification, 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 which would disqualify such person from having a
 license under this subchapter until final disposition of the case.
   (b)(1) The director may deny a license if the sheriff or chief of police, if
 applicable, of the applicant's place of residence 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 the result of the applicant's mental
 or psychological state, 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.
   (2) The director shall, within one hundred twenty (120) days after the date
 of receipt of the items listed in s 5-73-311(a):
    (A) Issue the license; or
    (B) Deny the application based solely on the ground that the applicant fails
   to qualify under the criteria listed in this subchapter.
   (3)(A) If the director denies the application, he shall notify the applicant
   in writing, stating the grounds for denial.
    (B) The decision of the director shall be final.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-308   AR ST s 5-73-308
 

 5-73-309  License -- Requirements.

   The director shall issue a license if the applicant:
   (1)(A) Is a resident of the state and has been a resident continuously for
   twelve (12) months or longer immediately preceding the filing of the
   application.
    (B) Provided, this shall not apply to any retired city, county, state, or
   federal law enforcement officer;
   (2) Is twenty-one (21) years of age or older;
   (3) Does not suffer from a mental or physical infirmity which prevents the
 safe handling of a handgun and has not threatened or attempted suicide;
   (4) Is not ineligible to possess a firearm by virtue of having 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 same and had firearms possession rights
 restored;
   (5)(A) Does not chronically or habitually abuse controlled substances to the
   extent that his normal faculties are impaired.
    (B) It shall be presumed that an applicant chronically and habitually uses
   controlled substances to the extent that his faculties are impaired if the
   applicant has been voluntarily or involuntarily committed to a treatment
   facility for the abuse of a controlled substance or been found guilty of a
   crime under the provisions of the Uniform Controlled Substances Act, s 5-64-
   101 et seq., or similar laws of any other state or the United States relating
   to controlled substances within a three-year period immediately preceding the
   date on which the application is submitted;
   (6)(A) Does not chronically and habitually use alcoholic beverages to the
   extent that his normal faculties are impaired.
    (B) It shall be presumed that an applicant chronically and habitually uses
   alcoholic beverages to the extent that his 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 the laws of this state or similar laws of
   any other state or the United States within the three-year period immediately
   preceding the date on which the application is submitted;
   (7) Desires a legal means to carry a concealed handgun to defend himself;
   (8) Has not been adjudicated mentally incompetent;
   (9) Has not been voluntarily or involuntarily committed to a mental
 institution or mental health treatment facility;
   (10) Is not a fugitive from justice;
   (11) Has satisfactorily completed a training course as prescribed and
 approved by the director; and
   (12) Signs a statement of allegiance to the United States Constitution, the
 Arkansas Constitution, and all federal and state courts.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-309 AR ST s 5-73-309
 

 5-73-310  Application form.

   The application shall be completed, under oath, on a form promulgated by the
 director and shall include only:
   (1) The name, address, place and date of birth, race, sex, and occupation 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 ss 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 criminal prosecution
 and precludes any future license being issued to the applicant and to 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; and
   (8)(A) A description and the serial number of any handgun the applicant may
   desire to carry.
    (B) Any applicant may list up to three (3) handguns that the applicant may
   choose to carry, but the applicant must establish proficiency in the use of
   each of the handguns as required in the training course prescribed herein.
    (C)(i) In the event a license is issued pursuant to this subchapter, the
   serial number of the listed handguns shall be printed only on the license.
    (ii) All other records of the serial numbers shall thereafter be expunged.
    (D) Should a license be denied, all records of the serial numbers shall be
   expunged.
    (E) All records of serial numbers of listed handguns shall be destroyed when
   the license expires.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-310 AR ST s 5-73-310
 

 5-73-311  Application procedure.

   (a) The applicant shall submit the following to the Department of Arkansas
 State Police:
   (1) A completed application as described in s 5-73-310;
   (2) A full-face photograph of the applicant;
   (3) A nonrefundable license fee of one hundred dollars ($100) or such other
 amount as prescribed by the director under the Arkansas Administrative
 Procedure Act, 25-15-201 et seq.;
   (4)(A) A full set of fingerprints of the applicant administered by the
   Department of Arkansas State Police.
    (B) In the event a legible set of fingerprints, as determined by the
   Department of Arkansas State Police and the Federal Bureau of Investigation,
   cannot be obtained after a minimum of three (3) attempts, the director shall
   determine eligibility based upon a name check by the Department of Arkansas
   State Police and the Federal Bureau of Investigation at the request of the
   director.
    (C) Costs for processing the set of fingerprints as required in subdivision
   (a)(4)(A) of this section shall be borne by the applicant; and
   (5) A waiver authorizing the Department of Arkansas State Police access to
 any medical records concerning the applicant and permitting access to all of
 the applicant's criminal records; provided, however, that the Department of
 Arkansas State Police shall maintain the confidentiality of the medical
 records.
   (b)(1) The Department of Arkansas State Police, upon receipt of the items
 listed in subsection (a) of this section, shall forward the full set of
 fingerprints of the applicant to the appropriate agencies for state and federal
 processing.
   (2)(A) The Department of Arkansas State Police shall forward a copy 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.
    (B)(i) The sheriff of the applicant's county of residence and, if
   applicable, the police chief of the applicant's municipality of residence
   may, at his discretion, participate in the process by submitting a voluntary
   report to the Department of Arkansas State Police containing any readily
   discoverable information that he feels may be pertinent to the licensing of
   any applicant.
    (ii) The reporting shall be made within thirty (30) days after the date he
   receives the copy of the application.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-311 AR ST s 5-73-311
 

 5-73-312  Revocation.

   (a)(1) A license issued under this subchapter shall be revoked if the
 licensee becomes ineligible under the criteria set forth in ss 5-73-308(a) and
 5-73-309.
   (2) Any law enforcement officer making an arrest of a licensee for a
 violation of this subchapter or any other statutory violation which requires
 revocation of this permit shall confiscate the permit and forward it to the
 Director of the Department of Arkansas State Police, and the permit shall be
 held until determination of the charges are finalized, with the appropriate
 disposition of the license thereafter.
   (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 shall be immediately revoked.
   (c)(1) The director shall revoke the license of any licensee he determines
 has consumed alcoholic beverages while carrying a handgun.
   (2) It shall be conclusive evidence of such consumption if an open container
 of alcoholic beverages is in the possession of the licensee or is in the
 vehicle in which the licensee is an occupant.

 History. Acts 1995, No. 411, ss 2, 4, 5; 1995, No. 419, ss 2, 4, 5.

 A.C.A. s 5-73-312 AR ST s 5-73-312
 

 5-73-313  Expiration and renewal.

   (a) No less than ninety (90) days prior to the expiration date of the
 license, the Department of Arkansas State Police shall mail to each licensee a
 written notice of the expiration and a renewal form prescribed by the
 Department of Arkansas State Police.
   (b) The licensee must renew his license on or before the expiration date by
 filing with the Department of Arkansas State Police the renewal form, a
 notarized affidavit stating that the licensee remains qualified pursuant to the
 criteria specified in ss 5-73-308(a) and 5-73-309, and a renewal fee
 established by the director under the Arkansas Administrative Procedure Act, s
 25-15-201 et seq.
   (c) The license shall be renewed upon receipt of the completed renewal
 application and appropriate payment of fees.
   (d) Additionally, a licensee who fails to file a renewal application on or
 before its expiration date must renew his license by paying a late fee of
 fifteen dollars ($15.00).
   (e)(1) No license shall be renewed six (6) months or more after its
 expiration date, and such license shall be deemed to be permanently expired.
   (2) A person whose license has been permanently expired may reapply for
 licensure; however, an application for licensure and fees pursuant to ss 5-73-
 308(a), 5-73-309, and 5-73-311(a) must be submitted, and a new background
 investigation shall be conducted.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-313 AR ST s 5-73-313
 

 5-73-314  Lost or destroyed permit -- Change of address.

   (a) Within thirty (30) days after the changing of a permanent address, or
 within thirty (30) days after having a license or handgun lost or disposed of,
 the licensee shall notify the director in writing of such change or loss or
 disposition.
   (b) In the event that a concealed handgun license is lost or destroyed, the
 person to whom the license was issued shall comply with the provisions of
 subsection (a) of this section and may obtain a duplicate, or substitute
 thereof, upon payment to the Department of Arkansas State Police of a fee
 established by the director under the Arkansas Administrative Procedure Act, s
 25-15-201 et seq., and furnishing a notarized statement to the Department of
 Arkansas State Police that such handgun or license has been lost or disposed
 of.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-314 AR ST s 5-73-314
 

 5-73-315  Possession of license -- Identification of licensee.

   (a) Any person possessing a valid license issued pursuant to this subchapter
 may carry a concealed handgun.
   (b) The licensee must carry the license, together with valid identification,
 at all times in which the licensee is carrying a concealed handgun and must
 display both the license and proper identification upon demand by a law
 enforcement officer.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-315 AR ST s 5-73-315
 

 5-73-316  Fees.

   All fees collected by the Department of Arkansas State Police pursuant to
 this section shall be deposited into the Department of Arkansas State Police
 Fund.

 History. Acts 1995, No. 411, s 2; 1995, No. 419, s 2.

 A.C.A. s 5-73-316 AR ST s 5-73-316
 

 5-73-317  Rules and regulations.

   The director is authorized to promulgate rules and regulations to permit the
 efficient administration of this subchapter.

 History. Acts 1995, No. 411, s 8; 1995, No. 419, s 8.

 A.C.A. s 5-73-317 AR ST s 5-73-317