A licensee who intends to carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college is required to complete a training course approved by the Director of the Department of Arkansas State Police. Please check with the actual state website for any additions / revisions to law that may have been made. The language of the code section reads: It is a first degree felony when firing the weapon results in "serious bodily injury," defined as an injury that creates permanent disfigurement, long-term loss of a body part or function, or major risk of death. 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. However, the provisions of this subsection shall not apply to any investigation or settlement agreement involving any state tax covered by the Arkansas Tax Procedure Act, 26-18-101 et seq. 921 et seq. 726, 1, 2; 2007, No. Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state. Upon the written request of a property owners' association which has a population at least equal to that prescribed for cities of the first class and which is located outside the boundaries of a municipality, a county may by ordinance regulate the discharge of firearms and the shooting of archery equipment within all or any part of the area included in the property owners' association. HISTORY: Acts 1975, No. Pie man on August 22, 2020 at 3:32 . 99-570, as amended, or its successor. Unless the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, a correctional officer employed by the Department of Correction or by a private contractor in a correctional facility housing inmates for the department or a city or county correctional officer employed in a correctional facility or jail is justified in using deadly physical force when and to the extent that the correctional officer reasonably believes the use of deadly physical force is necessary to prevent the escape of a prisoner from: Custody of a correctional officer outside a correctional facility for any purpose. A detonator may not contain more than ten grams (10 g) of total explosives by weight, excluding ignition or delay charges, and may include, without limitation, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and noninstantaneous and delay blasting caps that use detonating cord, shock tube, or any other replacement for electric leg wires; "Distribute" means to sell, issue, give, transfer, or otherwise dispose of explosive material; "Explosive material" means an explosive, blasting agent, or detonator; "Explosive" means any chemical compound mixture or device, the primary or common purpose of which is to function by explosion. 280, 502; A.S.A. Participation in an authorized firearms-related activity; Carrying a concealed handgun as authorized under 5-73-322; or. Here is the code for Chattanooga city limits: Sec. The property shall then be disposed of at public auction to the highest bidder for cash without appraisal. Except as otherwise provided in this section, any person who carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor. 268, 2; 2007, No. HISTORY: Acts 1975, No. 1947, 41-504. 419, 2; 1997, No. 1166, 1; 1993, No. 58, 1; 1999, No. HISTORY: Acts 1995, No. A concealed handgun may be carried by any retired law enforcement officer or retired auxiliary law enforcement officer acting as a retired auxiliary law enforcement officer who: Retired in good standing from service with a public law enforcement department, office, or agency for reasons other than mental disability; Immediately before retirement was a certified law enforcement officer authorized by a public law enforcement department, office, or agency to carry a firearm in the course and scope of his or her duties; Is carrying appropriate written photographic identification issued by a public law enforcement department, office, or agency identifying him or her as a retired and former certified law enforcement officer; Is not otherwise prohibited under federal law from receiving or possessing a firearm; Has fingerprint impressions on file with the Department of Arkansas State Police Automated Fingerprint Identification System together with written authorization for state and national level criminal history record screening; During the most recent twelve-month period has met, at the expense of the retired law enforcement officer, the standards of this state for training and qualification for active law enforcement officers to carry firearms; Before his or her retirement, worked or was employed as a law enforcement officer or acted as an auxiliary law enforcement officer for an aggregate of ten (10) years or more; and. Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license to carry a concealed handgun lost, the licensee shall notify the Director of the Department of Arkansas State Police in writing of the change or loss. Arkansas gun law does not require a state permit for the purpose of purchase or possession of a firearm. The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas. 280, 509; A.S.A. 748, 42; 2013, No. (B) (1) Discharge of firearms within the Noblesville city limits will be permitted on property meeting the following geographic standards: (a) Bound by Interstate-69, Olio Road, East 146th Street, and Atlantic Road; (b) Parcels of five acres or more in area. Search titles only; Posted by Member: Separate names with a comma. 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. If a license to carry a concealed handgun is lost or destroyed, or a duplicate is requested, the person to whom the license to carry a concealed handgun was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or replacement license upon: Paying the Department of Arkansas State Police of a fee established by the director under the Arkansas Administrative Procedure Act, 25-15-201 et seq. 280, 504; A.S.A. Has obtained authorization from the chief of police of the law enforcement agency or county sheriff and the authorization is: In the possession of the employee of a local detention facility; and. 1239, 10; 1999, No. 61, 1. Felony discharge of a firearm can receive any of these classifications. HISTORY: Acts 1935, No. Under this chapter, the Governor may issue executive orders, proclamations, and regulations and amend or rescind them. Sign up for our free summaries and get the latest delivered directly to you. 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 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 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; Desires a legal means to carry a concealed handgun to defend himself or herself; Has not been adjudicated mentally incompetent; Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility. Person possessing a valid concealed handgun license under 5-73-301 et seq. A copy of a petition under this section shall be served on the prosecuting attorney within thirty (30) days of the filing of the petition. 280, 506; A.S.A. What they do not think about is gravity because that bullet is going to come down. 1947, 41-3104; Acts 1993, No. Physical seizure of property is not necessary in order to allege in a petition under this section that the property is forfeitable. HISTORY: Acts 1975, No. 415, 3; 2013, No. 495, 4; No. 1259, 2; 2017, No. As used in this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance. All federal forfeitures to a prosecuting attorney's office shall be deposited in a separate account pursuant to 5-64-505(i)(4). 606, 9; 2013, No. The director shall make a determination as to which states extend the privilege to carry a concealed handgun to presently employed Arkansas-certified law enforcement officers and shall then determine which states' officers' authority to carry concealed handguns will be recognized in Arkansas. The prosecutor will also charge this as a dangerous offense because a deadly weapon was used in the crime. HISTORY: Acts 1935, No. "Auxiliary law enforcement officer" means a person certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff or chief of police of a municipality where he or she is acting as an auxiliary law enforcement officer if the auxiliary law enforcement officer has completed the minimum training requirements and is certified as an auxiliary law enforcement officer in accordance with the commission; and. 748, 2; Act 2015, No. The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication: A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any: Other implement for the infliction of serious physical injury or death that serves no lawful purpose. 472, 2. or larger caliber, for a purpose manifestly not aggressive or offensive. 664, 5; 2019, No. No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under. 1099, 1; 2007, No. The use of the deadly physical force for protection would not be allowed under 5-2-607(b). Any person who becomes a resident of Arkansas who has a valid license to carry a concealed handgun issued by a reciprocal state may apply to transfer his or her license to Arkansas by submitting the following to the Department of Arkansas State Police: The person's current reciprocal state license; Two (2) properly completed fingerprint cards; A nonrefundable license fee of thirty-five dollars ($35.00); Any fee charged by a state or federal agency for a criminal history check; and. The discharged round struck However, subdivision (2)(A) of this section does not apply to any: Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or. 1282, 1; 2001, No. A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. 411, 2; 1995, No. Prohibit a licensee's entry onto the private employer's place of business or parking lot because the person's private motor vehicle contains a handgun in the following circumstances: The parking lot is a prohibited place specifically listed in 5-73-306; The parking lot is on the grounds of an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence and the single-family detached residence or tenant-occupied single-family detached residence is being used as a residence; The private employer reasonably believes that the employee is in illegal possession of the handgun; The employee is operating a private employer-owned motor vehicle during and in the course of the employee's duties on behalf of the private employer, except when the employee is required to transport or store a firearm as part of the employee's duties; The private motor vehicle is not permitted in the parking lot for reasons unrelated to the employee's transportation, storage, or possession of a handgun; The employee is the subject of an active or pending employment disciplinary proceeding; or. Puerto Rico This means your reasonableness presumption is pretty much gone in most major cities which have ordinances against discharging a firearm in city limits. HISTORY: Acts 1995, No. Unless possession of a concealed handgun is a requirement of a licensees job description, the possession of a concealed handgun under this section is a personal choice made by the licensee and not a requirement of the employing public university, public college, or community college. Conduct that would otherwise constitute an offense is justifiable when: The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and. Sess. Even a small donation helps us keep this running. Furnishing a handgun or a prohibited weapon to a felon is a Class B felony. Get the information . 9.12.011: DISCHARGING OF FIREARM WITHIN CITY LIMITS; POSSESSION OF LOADED FIREARM. 80, 12; Pope's Dig., 3525; A.S.A. 1. 1251, 1; 1999, No. 1491, 1. 859, 4, 5, 6, No. 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. As a member of a reserve component of the United States Armed Forces under an order to active duty, not to include training, was discharged or released from duty with other than a dishonorable discharge. 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. New Mexico 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; However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. As used in this section, "imitation firearm" means a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including only: Air-soft guns firing nonmetallic projectiles; A nonfiring, collector replica of an antique firearm developed before 1898; Traditional BB, paintball, or pellet-firing air guns that expel a projectile through the force of air pressure; or. 2020 at 7:50 pm. The storage of a handgun in a university or college-operated student dormitory or residence hall is prohibited, under 5-73-119(c). A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person who he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony. 302, 1; 2001, No. A deputy prosecuting attorney who is duly appointed in any county of a judicial district shall, with the prosecuting attorney's consent, have the authority to perform all official acts as a deputy prosecuting attorney in all counties within the district. Possession of stolen explosive material is a Class C felony. A person commits the offense of defacing a firearm if he or she knowingly removes, defaces, mars, covers, alters, or destroys the manufacturer's serial number or identification mark of a firearm. 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. Upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. The hazard mitigation fund shall be in the amount of three million dollars ($3,000,000), solely for use in hazard mitigation assistance. 280, 510; A.S.A. 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. 989, 1; Act 2015, No. 1278, 4; 2007, No. The person has a license to carry a concealed handgun under 5-73-301 et seq. 431, 1. No person shall fire or discharge, or cause to be fired or discharged within the limits of the city any cannon, anvil, gun, pistol or other firearm, except as hereinafter provided. Law enforcement officer in the performance of his or her duties; Discharge of a center-fire weapon at a firing range maintained for the discharging of a center-fire weapon; or. 515, 1-3; 1987, No. 1947, 41-3168 -- 41-3170; Acts 1993, No. 105, 1, No. A person who commits theft of any explosive material with the purpose to cause harm to a person or property is guilty of a Class B felony. (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who: (a) Aims any firearm, whether loaded or not, at or towards any human being; (b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. The final order of forfeiture by the circuit court shall perfect in the law enforcement agency right, title, and interest in and to the property and shall relate back to the date of the seizure. The law enforcement agency is only obligated to make diligent search and inquiry as to the owner of the property, and if, after diligent search and inquiry, the law enforcement agency is unable to ascertain the owner, the requirement of actual notice by mail with respect to a person having a perfected security interest in the property is not applicable. Private citizen directed by a law enforcement officer to assist in effecting an arrest. Missouri New York Otherwise, the person commits a Class A misdemeanor. 188, 1, No. A petitioner shall also provide the circuit court with a limited medical waiver that would allow the circuit court and the prosecuting attorney access to and the ability to request any medical record that concerns the petitioner's mental health treatment at issue. 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. A. - Discharging firearms; waterfowl hunting. If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter. The result of one mistake of accidentally discharging their gun in their own home could have cost someone their freedom and future. The application for a license to carry a concealed handgun shall be completed, under oath, on a form promulgated by the Director of the Department of Arkansas State Police and shall include only: HISTORY: Acts 1995, No. 25-6. HISTORY: Acts 2009, No. HISTORY: Acts 1995, No. Track pending legislation, contact legislators, get email alerts about legislation you care about and much, much more. Carrying a weapon is a Class A misdemeanor. Subsections (c) and (d) of this section shall not apply to a person who renews his or her license under subdivision (f)(1) of this section. 67, 1; 2013 No. SECTION 8. 161, 1; 2013, No. The request shall be sufficiently specific to enable the custodian to locate the records with reasonable effort. If the motor vehicle is not subject to a lien that has been preserved by the circuit court, retain the motor vehicle for official use. 1332, 2; 2007, No. It is a defense to a prosecution under this section that: The person reported the possession to the police or other governmental agency prior to arrest or the issuance of an arrest warrant or summons; or. 1220, 3; 2015, No. Sep 29, 2012 10,586 96 Kaufman County. 55, 1; 1994 (2nd Ex. Shooting across road or near building or crowd; penalty. Any reasonably segregable portion of a record shall be provided after deletion of the exempt information. Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer. Call today at 480-456-6400 or contact us online for a free consultation. The purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received. 917, 1. Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force. When a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the person is reckless or negligent either in forming that belief or in employing an excessive degree of physical force, the justification afforded by this subchapter is unavailable in a prosecution for an offense for which recklessness or negligence suffices to establish a culpable mental state. US Congress. 562, 6; 2017, No. 1947, 41-507.2; Acts 2005, No. Oklahoma 1449, 1; 2005, No. An institution of higher education that hosts or sponsors a collegiate athletic event. HISTORY: Acts 1995, No. A concealed handgun license issued, renewed, or obtained under 5-73-314 or 5-73-319 after December 31, 2007, shall bear a digital photograph of the licensee. 23-8. 186, 3. 957, 4. Kansas 165, 1. The person is a prosecuting attorney or deputy prosecuting attorney carrying a firearm under 16-21-147. 472, 3, 4, 5, No. 746, 2; 2015, No. Sess. American. 1390, 2; 2015, No. Help us keep you informed about new legislation that could effect your right to bear arms. 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. the twelve ending explained, Deadly physical force for discharging a firearm in city limits arkansas would not be allowed under 5-2-607 ( b ) what do... Have been made today at 480-456-6400 or contact us online for a manifestly! By a law enforcement officer to assist in effecting an arrest someone freedom. Of at public auction to the highest bidder for cash without appraisal necessary in order to allege a! 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