AR: State Firearms Laws
ARKANSAS
(As of August, 1995)
PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402.
QUICK REFERENCE CHART
Rifles and
Shotguns Handguns
Permit to Purchase NO NO
Registration of Firearms NO NO
Licensing of Owner NO NO
Permit to Carry NO YES
STATE CONSTITUTIONAL PROVISION
"The citizens of this State shall have the right to keep and bear
arms for their common defense." Article 11, Section 5.
PURCHASE AND POSSESSION
No state permit is required for the purchase or possession
of a rifle, shotgun, or handgun.
Possession or ownership of any firearm is unlawful for any
person who has been:
1. Convicted of a felony
2. Adjudicated a mental defective
3. Committed involuntarily to any mental institution.
It is unlawful to sell, give, rent, or otherwise furnish a
firearm to a person under 18 without the consent of a parent,
guardian, or other person responsible for the general supervision
of the minor's welfare.
"Possession of firearms . . . in fields, forests, along
streams, or in any location known to be game cover . . . shall be
considered prima facie evidence that the possessor is
hunting...." It is "unlawful to refuse or to fail to immediately
surrender for inspection any weapon . . . on request of a
wildlife officer or other person authorized to enforce
regulations of the (game) Commission."
CARRYING
It is unlawful for a person to possess a handgun ". . . on
or about his person, in a vehicle occupied by him, or otherwise
readily available for use with a purpose to employ it as a weapon
against a person." It is also unlawful to possess a handgun upon
the property of public or private schools, public or private
college or upon a school bus.
It is a defense that at the time of the act:
1. The person is in his own dwelling or place of business or on
property in which he has a possessor or proprietary interest.
2. The person is a law enforcement officer, prison guard, or
member of the armed forces, acting in the course and scope of
official duties.
3. The person is, by request, assisting a law enforcement
officer, prison guard, or member of the armed forces acting in
the course and scope of his official duties.
4. The person is carrying a handgun when upon a journey, unless
he is under 18.
5. The person is a licensed security guard acting in the course
and scope of his duties.
6. The person is taking a hunter safety course, hunting or
going to and from such activities.
7. The person is taking part in a school approved educational
or sporting activity.
Arkansas courts have held that there is a legal presumption
of fact that a loaded handgun under the front seat or in the
glove compartment of a car driven by the defendant, has been
placed there as a weapon. This presumption may be refuted by
proof offered by the defendant, but it is a question of fact for
the jury to decide whether the handgun is carried as a weapon.
Generally, law enforcement authorities agree that an unloaded and
cased handgun is not carried as a weapon.
It is lawful to carry a handgun concealed with a license.
Application for a license to carry a handgun concealed is made to
the Arkansas State Police. The license is valid throughout the
state for 4 years from the date of issuance and may include up to
3 handguns. The licensee must carry the license, together with
valid identification. The application shall be completed under
oath on a form promulgated by the Director of State Police and
shall include the applicant's name, address, place of birth,
race, sex, occupation, driver's license or social security
number, full-face photograph and serial number of the handguns
(up to 3) for which the license is sought. The non-refundable
license fee is $100. Costs for processing the set of
fingerprints shall be borne by the applicant. Fingerprinting
must be conducted by the Arkansas State Police. The license
shall be renewed upon receipt of the completed renewal
application and appropriate payment of fees. The director shall
issue the license if the applicant: (1) is a resident of the
State for 1 year or longer; (2) is at least 21; (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) has not been convicted of a felony; (5) has not been
voluntarily or involuntarily committed to a treatment facility
for the abuse of a controlled substance or been found guilty of a
crime relating to controlled substances within the previous three
years; (6) has not been voluntarily or involuntarily committed as
an alcoholic to a treatment facility or has been convicted of 2
or more alcohol offenses within the previous three years; (7)
desires a legal means to carry a concealed handgun to defend
himself; (8) has not been adjudicated mentally incompetent or
voluntarily or involuntarily committed to a mental institution or
mental health treatment facility; (9) has satisfactorily
completed a training course as prescribed and approved by the
director.
The director shall issue or deny the license within 120
days. If the director denies the license, the director shall
notify the applicant in writing, stating the grounds for denial.
The decision of the director shall be final. Within 30 days
after the change of address or within 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.
A license does not authorize any person to carry a concealed
handgun into any 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; any
courthouse or courtroom; any portion of an establishment licensed
to dispense alcoholic beverages for consumption on the premises;
any school or college or event unless for the purpose of
participating in an authorized firearms-related activity; any
polling place; meeting of a governmental body; any state office
building; any public park or athletic event not related to a
firearm activity; place of worship; airport terminal; or where
prohibited by federal law. Carrying of a concealed handgun may
not be allowed 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 10 feet that the 'carrying of a handgun
is prohibited'; 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.
During deer hunting season, firearms with which deer may be
legally hunted must not be loaded when carried on a public
roadway.
It is unlawful for any person, other than a law enforcement
officer or a security guard in the employ of the State or any
agency thereof, to carry or possess a loaded firearm in any State
office building or other State owned building, or on the State
Capitol grounds.
ANTIQUES
Arkansas statutes are silent on antique and replica
firearms. They are treated as ordinary firearms for possession
and carrying purposes.
MACHINE GUNS
A machine gun is defined as "a weapon of any description by
whatever name known, loaded or unloaded from which more than five
shots or bullets may be rapidly, or automatically, or
semiautomatically discharged from a magazine, by a single
function of the firing device."
Machine guns adapted to use pistol cartridges of .30 caliber
or 7.63 mm or larger must be registered with the Secretary of
State annually.
MISCELLANEOUS
It is unlawful to deface the serial number or identification
mark of a firearm, or to knowingly possess such a firearm.
It is unlawful to shoot from or across a public road or
right of way.
A local unit of government shall not enact any ordinance or
regulation pertaining to, or regulate in any other manner, the
ownership, transfer, transportation, carrying, or possession of
firearms, ammunition for firearms, or components of firearms,
except as otherwise provided in state or federal law. This shall
not prevent the enactment of an ordinance regulating or
forbidding the unsafe discharge of a firearm.
CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
1995, NRA Institute for Legislative Action
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