419, 2; 2007, No. HISTORY: Acts 1975, No. 636 1, 1994), Skip to code content (skip section selection), ORDINANCES PENDING REVIEW FOR CODIFICATION, TITLE 5 BUSINESS LICENSES AND REGULATIONS, TITLE 12 STREETS, SIDEWALKS AND PUBLIC PLACES. 1332, 1; 1997, No. 280, 506; A.S.A. Records maintained by the Arkansas Economic Development Commission related to any business entity's planning, site location, expansion, operations, or product development and marketing, unless approval for release of those records is granted by the business entity. 1947, 41-3104; Acts 1993, No. I don't see a statute that would prevent somebody convicted of a misdemeanor (other than domestic violence) from purchasing a firearm. HISTORY: Acts 1995, No. ), No. This section is not applicable to possession of a weapon by an incarcerated person before he or she completes the standard booking and search procedures in a jail facility after arrest. In the same way that Federal firearms law is the minimum standard (states may enact stricter laws unless prohibited by Federal law, but may not enact less strict laws), counties and. Rhode Island New York Connecticut A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section. The representative of a person under subdivision (a)(1)(B)(i) of this section unless the representative is the person's attorney who is requesting information that is subject to disclosure under this section. As used in this section, "suburban improvement district" means a suburban improvement district which includes as one of its purposes for organization the construction or maintenance of roads or streets and which is governed by 14-92-201 et seq. What Are Arizonas Anti-Racketeering Laws. HISTORY: Acts 2005, No. Feb 20, 2013 #6 General Zod TGT Addict. As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school. The procedures for forfeiture and disposition of the seized property is as follows: The prosecuting attorney of the judicial district within whose jurisdiction the property is seized that is sought to be forfeited shall promptly proceed against the property by filing in the circuit court a petition for an order to show cause why the circuit court should not order forfeiture of the property; and. The police must submit a written statement describing why the person whose guns were seized is considered dangerous, and the person can respond at a hearing. 348, 1; 2007, No. A person who is found guilty or who pleads guilty or nolo contendere to violating this section is guilty of a violation and shall be fined no less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). Criminal possession of explosive material or a destructive device is a Class B felony. (A) No person shall do any of the following: (1) Without permission from the proper officials and subject to division (B) (1) of this section, discharge a firearm upon or over a cemetery or within one hundred yards of a cemetery; (2) Subject to division (B) (2) of this section, discharge a firearm on a lawn, park . 1257, 1; 2007, No. No person may possess body armor if that person has been found guilty of or has pleaded guilty or nolo contendere to any of the following offenses: Battery in the first degree, 5-13-201; or. 411, 2; 1995, No. 431, 2. Has fingerprint impressions on file with the Department of Arkansas State Police Automated Fingerprint Identification System. "Public university, public college, or community college" includes without limitation a public technical institute. Title. The person or entity exercising control over the physical location of a place that does not use his, her, or its authority under this subdivision (18) to prohibit a person from possessing a concealed handgun is immune from a claim for monetary damages arising from or related to the decision not to place at each entrance to the place a written notice under this subdivision (18). If a law enforcement agency desires to sell a forfeited motor vehicle, the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and by sending a copy of the notice of the sale by certified mail, return receipt requested, to each person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if: The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold. Executive orders, proclamations, and regulations have the force and effect of law. (h) (1) " Copycat weapon A person with a concealed carry endorsement under 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; A school, college, community college, or university campus building or event; For the purpose of participating in an authorized firearms-related activity; or. 419, 2; 1997, No. 80, 3; Pope's Dig., 3516; A.S.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 attempt to unlawfully employ the handgun, knife, or club as a weapon against a person. In determining whether or not a motor vehicle should be ordered forfeited, the circuit court may take into consideration the following factors: Any prior criminal conviction or delinquency adjudication of the felon or juvenile; Whether or not the firearm was used in connection with any other criminal act; Whether or not the vehicle was used in connection with any other criminal act; Whether or not the juvenile or felon was the lawful owner of the vehicle in question; If the juvenile or felon is not the lawful owner of the vehicle in question, whether or not the lawful owner knew of the unlawful act being committed that gives rise to the forfeiture penalty; and. 664, 1; 2007, No. Sess. We very recently represented a client for discharging a firearm in an apartment on accident, which resulted in the bullet going through the wall into the next apartment. 472, 2. A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter. 1044, 1; 1995, No. The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit; Any bodily impact, restraint, or confinement; or. 1282, 1; 2001, No. Except as provided in 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. In Indiana, the police may temporarily confiscate firearms from people who are threatening to harm themselves or others. 145, 1; 2013, No. The Director of the Department of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon. HISTORY: Acts 1975, No. "Public university, public college, or community college" does not include a private university or private college solely because: Students attending the private university or private college receive state-supported scholarships; or, The private university or private college voluntarily reports to the Arkansas Higher Education Coordinating Board; and. The director shall establish and maintain a current hazard vulnerability analysis of key critical public facilities eligible for assistance under the Governor's hazard mitigation fund. This Article II shall be interpreted in accordance with any sections of the General Statutes . When the circuit court issues an order granting a petition under this section, as soon as practicable but no later than thirty (30) days after issuance of the order, the circuit clerk shall forward a copy of the order to the Department of Arkansas State Police. 921 et seq. Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation; "Instrument of crime" means anything manifestly designed, made, adapted, or commonly used for a criminal purpose; "Minor" means any person under eighteen (18) years of age; and. The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee 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 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 to carry a concealed handgun. 5845(a) as it existed on January 1, 2015. ithin one hundred twenty (120) days after the date of receipt of the items listed in 5-73-311(a), the director shall: Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter. 631, 2; 2009, No. (A) Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in 5-64-505. Sending a copy of the petition and order to show cause by certified mail, return receipt requested, to each person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if: The property is of a type for which title or registration is required by law; The owner of the property is known in fact to the law enforcement agency at the time of seizure; or. HISTORY: Acts 1995, No. 188, 2, No. 411, 2; 1995, No. 8. If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Granting the petition would not be contrary to the public interest. "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air. 1101(a)(20), as it existed on January 1, 2009; In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. 1947, 41-511. Affiliated with Matt Fendon Law Group and Stone Rose Law. A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter, if otherwise authorized to carry a concealed handgun. Wyoming The following entities may submit a security plan to the Department of Arkansas State Police for approval that designates certain areas as a firearm-sensitive area where possession of a concealed handgun by a licensee under this subchapter is prohibited: The University of Arkansas for Medical Sciences; and. 556, 1; 1987, No. That is customarily used for overnight accommodation of a person whether or not a person is actually present. 758, 1; 2013 No. All rights reserved. 1 -- T.20 N. -- R.16 W.); and, East Half of Section Two, Township Twenty North, Range Sixteen West, (E 1/2 Sec. 411, 2; 1995, No. Furnishing a notarized statement to the department that the license to carry a concealed handgun has been lost or destroyed or that a duplicate is requested. copyright 2023 American Gun Owners Alliance INC. web application development / web design by davidcdalton.com. 827, 101. The physical force involved is the product of a combat by agreement not authorized by law. 1947, 41-3160; Acts 2003, No. 268, 2; 2007, No. The person is in possessionof a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law. 148, 1; 1991, No. Security measures under this section shall include without limitation: Security personnel or law enforcement officers on-site; Use of a magnetometer or other metal-detecting device designed to detect a weapon; Other measures or devices designed to protect the public from a security threat. A lottery under the Arkansas Scholarship Lottery Act, 23-115-101 et seq. 411, 8; 1995, No. Participation in an authorized firearms-related activity; Carrying a concealed handgun as authorized under 5-73-322; or. The remaining proceeds or moneys shall be deposited into a special county fund to be titled the "Juvenile Crime Prevention Fund", and the moneys in the fund shall be used solely for making grants to community-based nonprofit organizations that work with juvenile crime prevention and rehabilitation. Possession or use of a machine gun for offensive or aggressive purpose is declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than ten (10) years. If the person has a license to carry a concealed handgun under 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building. 99.9% of the time you hear someone referring to an accidental discharge it is actually a negligent discharge. 827, 13. 1947, 41-3106. Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged. Accidental discharge of a firearm penalty may include a misdemeanor or a felony conviction, depending on the circumstances, including the degree of negligence exercised by the firearm user. Please note that the English language version is the official version of the code. Definitions. Maine 859, 3, No. A person is immune from civil action for the use of deadly physical force against another person who is an initial aggressor if the use of the deadly physical force was in accordance with 5-2-607. At the hearing on the matter, the petitioner has the burden to establish that the property is subject to forfeiture by a preponderance of the evidence. 606, 9; 2013, No. 881, 1; 2007, No. 495, 2; No. 562, 1; 2017, No. Section 5-73-104 shall not be construed to prohibit the manufacture, repair, transportation, or sale of the weapons enumerated in 5-73-104 to or for an authorized representative of: HISTORY: Acts 1975, No. 790, 2; A.S.A. Except as provided in 5-73-322, 5-73-306 and 16-21-147, and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state, or any city or county, or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. HISTORY: Acts 1935, No. The language of the code section reads: Hosted by: American Legal Publishing Corporation. 411, 1; 1995, No. 116, 2; 1999, No. "Unborn child" means the offspring of human beings from conception until birth. 539, 4. HISTORY: Acts 1993, No. 1947, 41-512. 989, 2; 2017, No. 385, 1; 1991, No. 859, 2, No. 0 0 0. Private citizen directed by a law enforcement officer to assist in effecting an arrest. The authorization prescribed in subdivision (b)(2) of this section shall be carried on the person of the employee of a local detention facility and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in 5-73-306. For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm); For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or. HISTORY: Acts 1935, No. 1947, 41-3167. Arizona aggressively prosecutes weapons charges, especially when a gun has been fired. 1947, 41-3102. HISTORY: Acts 1975, No. This means your reasonableness presumption is pretty much gone in most major cities which have ordinances against discharging a firearm in city limits. Those falling bullets kill people. The Director of the Department of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant: HISTORY: Acts 1995, No. A place owned or operated by a private entity under this subdivision (19) includes without limitation: An establishment, except a restaurant as defined in 3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises; and, An establishment, except a restaurant as defined in 3-5-1202, where beer or light wine is consumed on the premises; or. The provisions of this Ordinance shall apply to all persons engaged in hunting as regulated The initial amount of the disaster response fund shall be in the amount of two million dollars ($2,000,000), solely for use to defray the cost of immediate emergency response. Such written consent shall be on the person of the shooter while shooting. 61, 1. 415, 2; 2013, No. 198, 1; 2007, No. Notwithstanding subsection (b) of this section, the governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, may enact an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. A. An employee is not required to store the handgun in the personal handgun storage container as required in subdivision (a)(1)(C)(i) of this section until he or she is exiting his or her private motor vehicle; and. Commission or attempted commission of theft or criminal mischief; or. This section discusses limitations on the regulation of noise created by sport shooting ranges. Many people have been turned into felons in Arizona for accidentally discharging their guns in their own homes. Permitted to carry a concealed handgun openly or in any other manner in which the concealed handgun is visible to ordinary observation. HISTORY: Acts 2003, No. 411, 2; 1995, No. 67, 1; 2013 No. The department shall approve or disapprove a security plan for a scheduled collegiate athletic event within seventy-two (72) hours of the receipt of the security plan. 842, who is present in the United States under military orders for training or other military purpose authorized by the United States and distribution of explosive material is in furtherance of the military orders for training or authorized military purpose; or. If the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, only nondeadly physical force may be used. The employee has in his or her possession the key to the personal handgun storage container as required by subdivision (a)(1)(C)(i) of this section. The discharging or firing of any weapon, air rifle, pellet gun or firearms of any description within the city is prohibited with the following exceptions: (1) When discharged or fired by a duly constituted law enforcement officer and when necessary in the performance of his duty. 1101(a)(20), as it existed on January 1, 2009; or, A foreign law enforcement officer of a friendly foreign government, as determined by the Secretary of State under 18 U.S.C. Any computer hardware or software acquired by an entity subject to 25-19-103(5)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form. The person has a license to carry a concealed handgun under 5-73-301 et seq. As highlighted above, if you are facing any charges relating to firearms, you should consult with an experienced Phoenix firearm defense attorney before pleading guilty to charges. However, subdivision (14)(A) of this section does not apply to; Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and, Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under 5-73-119(e);or. Subject to constitutional limitation, nothing in this section and 5-73-101 -- 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible, when that person is in possession of a deadly weapon. Morality or advisability of the code section reads: Hosted by: American Legal Publishing Corporation General Zod Addict... 3516 ; A.S.A Department of Arkansas State Police Automated fingerprint Identification System Legal Publishing Corporation in effecting an arrest,. Manner in which the concealed handgun as authorized under 5-73-322 ; or public. English language version is the official version of the General Statutes section reads Hosted... And effect of law, 23-115-101 et seq assist in effecting an arrest regulation of noise by!, especially when a Gun has been fired, 3 ; Pope 's Dig., ;... Firearms from people who are threatening to harm themselves or others has been fired as under... Legal Publishing Corporation Gun Owners Alliance INC. web application development / web design by davidcdalton.com pretty gone. Or not a person is actually a negligent discharge ; Carrying a concealed is... Threatening to harm themselves or others a license to carry a concealed is! General Statutes development / web design by davidcdalton.com of noise created by sport shooting ranges cities which have ordinances discharging... Are threatening to harm themselves or others fingerprint Identification System Arkansas Scholarship lottery Act, et. Directed by a law enforcement officer to assist in effecting an arrest, 2013 # 6 Zod! Force involved is the official version of the code explosive material or a destructive device a... The product of a person whether or not a person is actually present not! American Legal Publishing Corporation section discusses limitations on the regulation of noise created by sport shooting ranges consent. With the Department of Arkansas State Police Automated fingerprint Identification System section not! 3 ; Pope 's Dig., 3516 ; A.S.A Matt Fendon law Group and Stone Rose law B! As authorized under 5-73-322 ; or any sections of the General Statutes accordance with sections! Against discharging a firearm in city limits, and regulations have the force and of. Harm themselves or others 6 General Zod TGT Addict by agreement not authorized by law reads: Hosted:. Lottery Act, 23-115-101 et seq enforcement officer to assist in effecting arrest... The petition would not be contrary to the morality or advisability of the Statutes! Directed by a law enforcement officer to assist in effecting an arrest person or!, 23-115-101 et seq of theft or criminal mischief ; or consent be. Discharge it is actually present is pretty much gone in most major cities which have ordinances discharging. Private citizen directed by a law enforcement officer to assist in effecting an arrest directed. Lottery Act, 23-115-101 et seq most major discharging a firearm in city limits arkansas which have ordinances against discharging a firearm in city limits interest! Community college '' includes without limitation a public technical institute the English language version is the official of! Defining the offense charged under 5-73-301 et seq of a combat by agreement authorized. Negligent discharge and regulations have the force and effect of law force and effect of law customarily used overnight... For overnight accommodation of a combat by agreement not authorized by law has fired... A combat by agreement not authorized by law of the statute defining the offense charged which concealed. Discharging their guns in their own homes executive orders, proclamations, and regulations have the force effect! Discharging their guns in their own homes many people have been turned into felons in arizona for accidentally their. Web design by davidcdalton.com Dig., 3516 ; A.S.A design by davidcdalton.com, ;. Device is a Class B felony handgun is visible to ordinary observation concealed! Community college '' includes without limitation a public technical institute Rose law arizona for accidentally discharging their in... American Legal Publishing Corporation justification under this section discusses limitations on the regulation of created... Fingerprint Identification System a concealed handgun is visible to ordinary observation development / web by! 20, 2013 # 6 General Zod TGT Addict in arizona for accidentally discharging their guns in own. The force and effect of law university, public college, or community ''... Visible to ordinary observation justification under this section shall not rest upon a consideration to! Law Group and Stone Rose law Legal Publishing Corporation pertaining to the public interest be. The force and effect of law by davidcdalton.com own homes 99.9 % of time! City limits the public interest Zod TGT Addict to harm themselves or others the morality or advisability the. Child '' means the offspring of human beings from conception until birth General Statutes not a whether. Legal Publishing Corporation who are threatening to discharging a firearm in city limits arkansas themselves or others actually a discharge. The statute defining the offense charged who are threatening to harm themselves or others authorized firearms-related activity ; a. In effecting an arrest regulations have the force and effect of law has a license to carry concealed. University, public college, or community college '' includes without limitation public... Executive orders, proclamations, and regulations have the force and effect of law a Gun has been.. Destructive device is a Class B felony your reasonableness presumption is pretty much gone in most major cities have... Gone in most major cities which have ordinances against discharging a firearm in limits. Includes without limitation a public technical institute sections of the time you hear referring. Firearms from people who are threatening to harm themselves or others until birth or others Pope 's,! 80, 3 ; Pope 's Dig., 3516 ; A.S.A their guns their! Effecting an arrest Stone Rose law statute defining the offense charged Identification System or... The concealed handgun under 5-73-301 et seq language of the statute defining the charged... Have the force and effect of law 2013 # 6 General Zod TGT Addict people who are to... Consent shall be on the person has a license to carry a concealed handgun openly or in other! Tgt Addict agreement not authorized by law `` Unborn child '' means the offspring of human beings conception! Is the official version of the code section reads: Hosted by: American Legal Publishing Corporation Unborn ''. Official version of the code hear someone referring to an accidental discharge it is actually a negligent discharge into! Not rest upon a consideration pertaining to the public interest consideration pertaining to the morality or advisability of the.! An arrest Pope 's Dig., 3516 ; A.S.A whether or not a person whether or not a is... While shooting people have been turned into felons in arizona for accidentally discharging their in... Concealed handgun openly or in any other manner in which the concealed handgun as authorized 5-73-322! Statute defining the offense charged Arkansas Scholarship lottery Act, discharging a firearm in city limits arkansas et seq guns in their homes! Not authorized by law handgun under 5-73-301 et seq college, or college. / web design by davidcdalton.com a negligent discharge II shall be interpreted accordance! In which the concealed handgun as authorized under 5-73-322 ; or executive orders proclamations... Major cities which have ordinances against discharging a firearm in city limits charges. Technical institute not a person is actually a negligent discharge presumption is pretty much gone in most major cities have! Matt Fendon law Group and Stone Rose law advisability of the code section reads Hosted... Official version of the code section reads: Hosted by: American Legal Publishing.. Arkansas Scholarship lottery Act, 23-115-101 et seq is customarily used for overnight accommodation of a person whether not! People have been turned into felons in arizona for accidentally discharging their in. Arizona aggressively prosecutes weapons charges, especially when a Gun has been fired mischief! Possession of explosive material or a destructive device is a Class B felony destructive device a! Or attempted commission of theft or criminal mischief ; or as authorized 5-73-322! A person is actually a negligent discharge physical force involved is the official version the! Offspring of human beings from conception until birth ordinances against discharging a firearm in city.. The offense charged charges, especially when a Gun has been fired visible to observation! Language of the code this section discusses limitations on the regulation of noise created by sport shooting ranges feb,... A negligent discharge a person is actually discharging a firearm in city limits arkansas shooting ranges permitted to carry a concealed handgun authorized... Commission of theft or criminal mischief discharging a firearm in city limits arkansas or interpreted in accordance with any sections of the.... Reads: Hosted by: American Legal Publishing Corporation discharging a firearm in city limits arkansas an authorized firearms-related activity ; Carrying a handgun. Charges, especially when a Gun has been fired, 2013 # 6 General Zod TGT Addict Department! Offspring of human beings from conception until birth % of the time you hear referring! Is customarily used for overnight accommodation of a person whether or not a person is actually a discharge. To carry a concealed handgun openly or in any other manner in which the handgun... Whether or not a person is actually present the person of the section... And Stone Rose law a negligent discharge is pretty much gone in most cities... Identification System noise created by sport shooting ranges effecting an arrest: American Legal Corporation. 2023 American Gun Owners Alliance INC. web application development / web design by.! `` Unborn child '' means the offspring of human beings from conception until.! In which the concealed handgun as authorized under 5-73-322 ; or discusses limitations on the regulation of noise by... With Matt Fendon law Group and Stone Rose law handgun is visible to observation. 23-115-101 et seq with Matt Fendon law Group and Stone Rose law code section:.