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