II Laws

C. State Laws

1. Concealed Carry Laws

d. Arkansas CCW Law

By Chris Luchini (luchini@scrye.com)

The following is the text of the Arkansas concealed carry law. The law goes into effect on the 22'nd of June 1995. The state police have not yet determined the training requirements, but at this time (June 2 1995) that the NRA Personal Protection class will more than satisfy the requirements. Keep in mind that at this time _only_ classes taught after the effective date of the law will count. (This is really strange, and the State Police are fighting with their own lawyers to get this changed.)

I'll revise this entry as I get more information. I will also be providing the training, once the regulations are determined, so contact me if you need CCW training. The Arkansas State Police Captian in charge of the effort to define the regulations says that once the local background check is ok'd, they will not wait on a FBI fingerprint check to issue the license. This means that the CCW license will be issued in probably 1-4 weeks after it is received, and not 3-5 months.

Other than the training regulations, everything you need to know is in the text of the law.

As Engrossed: 2/2/95
State of Arkansas
80th General Assembly
Regular Session, 1995        SENATE BILL 157
By: Senators Walters, Scott, Bell, Hopkins, and Hunter

For An Act To Be Entitled
"TO AUTHORIZE THE ARKANSAS STATE POLICE TO ISSUE LICENSES
TO QUALIFIED APPLICANTS TO CARRY CONCEALED HANDGUNS; AND
FOR OTHER PURPOSES."

Subtitle
"TO AUTHORIZE THE ARKANSAS STATE POLICE
TO ISSUE LICENSES TO QUALIFIED
APPLICANTS TO CARRY CONCEALED HANDGUNS."

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

SECTION 1.  As used in this act:
(a)  "Director" means the director of the Arkansas State Police.
(b)  "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
hand.
(c)  "Concealed" means to cover from observation so as to prevent public
view.

SECTION 2.  (a)(1) The director is authorized to issue licenses to carry
concealed handguns to persons qualified as provided in this section.  Such
licenses shall be valid throughout the state for a period of four (4) years
from the date of issuance.  Any person possessing a valid license issued
pursuant to this section may carry a concealed handgun.
(2) 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.
(b) The director shall issue a license if the applicant:
(1) 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 (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) Does not chronically or habitually abuse controlled substances
to the extent that his normal faculties are impaired.  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 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) Does not chronically and habitually use alcoholic beverages to
the extent that his normal faculties are impaired.  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) That the applicant sign a statement of allegiance to the
United States Constitution, the Arkansas Constitution, and all federal and
state courts.
(c) The director may deny a license if the applicant has been found
guilty of one or more crimes of violence constituting a misdemeanor, or may
revoke a license if the licensee has been found guilty of one or more crimes
of violence within the preceding three (3) years.  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
section until final disposition of the case.
(d) 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
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 subsections (b) and (c);
(5) A statement that the applicant has been furnished a copy of
this act and is acquainted with the truth and understanding of this act;
(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 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 description and the serial number of any handgun the
applicant may desire to carry.  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 as prescribed herein. In the event a license is issued
pursuant to this act, the serial number of the listed handguns shall be
printed only on the license.  All other records of the serial numbers shall
thereafter be expunged.  Should a license be denied, all records of the serial
number shall be expunged.  All records of serial numbers of listed handguns
shall be destroyed when the license expires.
(e) The applicant shall submit the following to the Arkansas State
Police:
(1) A completed application as described in subsection (d);
(2) A full-face photograph of the applicant;
(3) A non-refundable license fee of one hundred dollars ($100) or
such other amount as prescribed by the director under the Administrative
Procedures Act.  Costs for processing the set of fingerprints as required in
paragraph (4) of this subsection shall be borne by the applicant;
(4) A full set of fingerprints of the applicant administered by
the Arkansas State Police; and
(5) A waiver authorizing the 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 State Police shall
maintain the confidentiality of the medical records.
(f)   (1) The Arkansas State Police, upon receipt of the items listed in
subsection (e) shall forward the full set of fingerprints of the applicant to
the appropriate agencies for state and federal processing.
(2) The 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.  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 Arkansas State Police containing any readily discoverable information
that he feels may be pertinent to the licensing of any applicant.  The
reporting shall be made within thirty (30) days after the date he receives the
copy of the application.  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 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 incidence 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.
(3) The director shall, within one hundred twenty (120) days after
the date of receipt of the items listed in subsection (e):
(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 act.
(4)  If the director denies the application, it shall notify the
applicant in writing, stating the grounds for denial.  The decision of the
director shall be final.
(5) In the event a legible set of fingerprints, as determined by
the 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 Arkansas State Police and the
Federal Bureau of Investigation at the request of the director.
(g) The 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.  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 for a period of forty-five (45) days from the date of the
issuance of the license or the final denial of an application.
(h) 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.
(i) 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 (h) of this section and may obtain a duplicate, or substitute
thereof, upon payment to the Arkansas State Police of a fee established by the
director under the Administrative Procedure Act, and furnishing a notarized
statement to the Arkansas State Police that such handgun or license has been
lost or disposed of.
(j) A license issued under this section shall be revoked if the licensee
becomes ineligible under the criteria set forth in subsection (b) or (c).  Any
law enforcement officer making an arrest of a licensee for a violation of this
act or any other statutory violation which requires revocation of this permit,
shall confiscate the permit and forward it to the Director  of the Arkansas
State  Police, and the permit shall be held until determination of the charges
are finalized, with the appropriate disposition of the license thereafter.
(k) No less than ninety (90) days prior to the expiration date of the
license, the Arkansas State Police shall mail to each licensee a written
notice of the expiration and a renewal form prescribed by the Arkansas State
Police.  The licensee must renew his license on or before the expiration date
by filing with the Arkansas State Police the renewal form, a notarized
affidavit stating that the licensee remains qualified pursuant to the criteria
specified in subsections (b) and (c), and a renewal fee established by the
director under the Administrative Procedure Act.  The license shall be renewed
upon receipt of the completed renewal application and appropriate payment of
fees.  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).  No license shall be renewed six (6) months or more
after its expiration date, and such license shall be deemed to be permanently
expired.  A person whose license has been permanently expired may reapply for
licensure; however, an application for licensure and fees pursuant to
subsections (b), (c), and (e) must be submitted, and a new background
investigation shall be conducted.
(l) No license issued pursuant to this section shall authorize any
person to carry a concealed handgun into any police, sheriff or Arkansas State
Police station; any Arkansas Highway Police facility; any buildings of the
Arkansas State Highway and Transportation Department, or onto any parking lots
or grounds adjacent to such buildings; any detention facility, prison or jail;
any courthouse; any courtroom, except that nothing in this section shall
preclude a judge from carrying a concealed weapon or determining who will
carry a concealed weapon in his courtroom; any polling place; any meeting

place of the governing body of any governmental entity; any meeting of the
legislature or a committee thereof; any building wherein a state office is
located; any public park unless for the purpose of participating in any
authorized firearms-related activity; any athletic event not related to
firearms; any portion of an establishment, licensed to dispense alcoholic
beverages for consumption on the premises; any portion of an establishment in
which beer or light wine is consumed on the premises; any school, college,
community college, or university campus or event unless for the purpose of
participating in an authorized firearms-related activity; 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; any church or other place of worship; or any
place where the carrying of firearms is prohibited by federal law.  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 (10) feet that the @carrying of a handgun is prohibited.@ 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. No license
issued pursuant to this section shall authorize the participants in a parade
or demonstration for which a permit is required to carry a concealed handgun.
(m) 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.
(n) Any person who knowingly submits a false answer to any question on
an application for a license issued pursuant to this act, or who knowingly
submits a false document when applying for a license issued pursuant to this
section, shall, upon conviction, be guilty of a Class B misdemeanor.
(o) All fees collected by the Arkansas State Police pursuant to this
section shall be deposited into the Department of Arkansas State Police Fund.
(p) Nothing in this section shall be construed to require or allow the
registration, documentation or providing of serial numbers with regard to any
firearm except as required by subsection (d)(8).

SECTION 3.  Neither the state, the county, the city, or 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 act.

SECTION 4.  When the Arkansas State Police receives notification
any law enforcement agency or court that a licensee has been found   guilty or
has plead guilty or nolo contendere to any crime involving the use of a
weapon, the license issued under this act shall be immediately revoked.

SECTION 5.  The director shall revoke the license of any licensee he
determines has consumed alcoholic beverages while carrying a handgun.  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.

SECTION 6.  All provisions of this act of a general and permanent nature
are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code
Revision Commission shall incorporate the same in the Code.

SECTION 7.  If any provision of this act or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the act which can be given effect without
the invalid provision or application, and to this end the provisions of this
act are declared to be severable.

SECTION 8.  The director is authorized to promulgate rules and
regulations to permit the efficient administration of this act.