Here we go....
And here's where to get your Arkansas carry application packet and instructions: Application packet Application Instructions 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 (12²) 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.
And this....
5-73-309. 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;
(2)(A) 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.
(B) However, subdivision (2)(A) of this section does not apply to any: (i) Retired city, county, state, or federal law enforcement officer; or
(ii) Active duty military personnel who submit documentation of their active duty status; (3) Is twenty-one (21) years of age or older;
(4) Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide;
(5)(A) 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.
(B) 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: (i) The applicant was sentenced prior to March 13, 1995; or
(ii) The order sealing or expunging the applicant's record of conviction complies with § 16-90-605; (6) 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;
(7)(A) Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired.
(B) 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: (i) Voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance; or
(ii) 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; (8) (A) Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired.
(B) 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: (i) Voluntarily or involuntarily committed as an alcoholic to a treatment facility; or
(ii) 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; (9) Desires a legal means to carry a concealed handgun to defend himself or herself;
(10) Has not been adjudicated mentally incompetent;
(11) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility;
(12) Is not a fugitive from justice or does not have an active warrant for his or her arrest;
(13) Has satisfactorily completed a training course as prescribed and approved by the director; and
(14) 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.
Deadly Force:
5-2-607. Use of deadly physical force in defense of a person.
(a) 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) (A) 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.
(B) As used in this section, “domestic abuse” means the same as defined in § 9-15-103. (b) A person may not use deadly physical force in self-defense if he or she knows that he or she can avoid the necessity of using deadly physical force with complete safety:
(1) (A) By retreating.
(B) However, a person is not required to retreat if the person is: (i) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or
(ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or (2) By surrendering possession of property to a person claiming a lawful right to possession of the property. (c) As used in this section, “curtilage” means the land adjoining a dwelling that is convenient for family purposes and habitually used for family 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.
History. Acts 1975, No. 280, § 507; A.S.A. 1947, § 41-507; Acts 1997, No. 1257, § 1; 2007, No. 111, § 1.
Last edited by ishi; 10-03-2007 at 10:36 PM.
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