Conceal Law for AR?
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Thread: Conceal Law for AR?

  1. #1
    Join Date
    Sep 2007
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    Conceal Law for AR?

    For the life of me I can not find on line the conceal carry laws for AR. I would love to read up on them and educate myself a little bit more. The ASP site does not really have any links to any of the laws, abt all they have are some FAQ's. When I do a google on this topic, I get referred to the ASP site. I have the hardest time with trying to do a search on anything it seems. So anyone have a link to the conceal carry laws for our state???
    DrLewall
    "Doc"
    Drakes Creeks, AR
    www.kiltsrock.com
    "A gun unloaded and cocked aint good for nuttin!"--Rooster Cogburn

  2.   
  3. #2
    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 09:36 PM.

  4. #3
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    Thanks a lot Ishi! This will definitely help us out!


    Memberships: NRA, GOA, USCCA
    Guns: Glock 26, Ruger LCP, Beretta 90-Two .40, Beretta PX4 Storm Subcompact 9MM, Beretta Tomcat, Bushmaster Patrolman M4

  5. #4
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    TNX Matt..that helps ALOT!!!
    DrLewall
    "Doc"
    Drakes Creeks, AR
    www.kiltsrock.com
    "A gun unloaded and cocked aint good for nuttin!"--Rooster Cogburn

  6. #5

    prohibited places, defense of premesis, castle doctrine

    A few more items....

    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 § 3-9-402, licensed to dispense alcoholic beverages for consumption on the premises;

    (13) Any portion of an establishment, except a restaurant as defined in § 3-9-402, 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.






    5-2-608. Use of physical force in defense of premises.

    (a) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.

    (b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if:

    (1) Use of deadly physical force is authorized by § 5-2-607; or

    (2) The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.

    History. Acts 1975, No. 280, § 508; A.S.A. 1947, § 41-508


    Castle Doctrine!!!

    5-2-620. Use of force to defend persons and property within home.

    (a) The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.

    (b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.

    (c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.

    History. Acts 1981, No. 880, § 1; A.S.A. 1947, § 41-507.1.

  7. #6
    Join Date
    Sep 2007
    Location
    Drakes Creek, AR
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    I think I found the link that displays all if not most of the CHL law for AR http://www.arkleg.state.ar.us/NXT/ga...m&vid=blr:code
    DrLewall
    "Doc"
    Drakes Creeks, AR
    www.kiltsrock.com
    "A gun unloaded and cocked aint good for nuttin!"--Rooster Cogburn

  8. #7
    After going to the link above. Type: 5-73-301 into the search box and enter. This will bring up several codes including the 5-73-301 Concealed Handgun codes.

    I hope that this helps.

    This one is also interesting:

    5-2-604. Choice of Evils.


    (a) Conduct that would otherwise constitute an offense is justifiable when:
    (1) The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
    (2) According to ordinary standards of reasonableness, the desirability and urgency of avoiding the imminent public or private injury outweigh the injury sought to be prevented by the law proscribing the conduct.
    (b) Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged.
    (c) If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state.
    History. Acts 1975, No. 280, § 504; A.S.A. 1947, § 41-504.
    Last edited by Grumpy; 01-02-2008 at 10:11 PM. Reason: Additional information

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