Disclaimer: The information contained herein is being presented to the HuronValleyGuns.com website users only as reference material to assist in the making of informed purchasing decisions; however, it is not intended to constitute legal advice nor counsel in determining compliance of the purchaser's Federal, State and Local gun laws, regulations and restrictions. HuronValleyGuns.com has used reasonable effort in providing this information, from sources deemed reliable, but does not warrant or guarantee the completeness, accuracy, adequacy or currency of the information contained herein, or linked to or from this website. The information provided here is presented as an overview to the myriad of laws, regulations and restrictions in selling to, and shipping into, the HuronValleyGuns.com customer's State, to be in compliance of that State's laws pertaining to restrictions of: firearms, dangerous weapons, ammunition, magazine round capacities, stun guns, Tasers, accessories, etc. Federal, State and Local gun laws are constantly changing, therefore, it is incumbent upon the purchaser to be thoroughly knowledgeable of the current status of Federal, State and Local gun laws governing their community, to assure that they are in compliance with those laws, regulations and restrictions.
|ARKANSAS GUN LAWS - OVERVIEW|
Types of Illegal Firearms
Possession, sale, transfer, or manufacture of the below firearms is illegal:
Waiting Period Before Purchase
Who May Not Own Guns
Arkansas prohibits several different categories of individuals from owning or possessing pistols:
Laws Prohibiting Firearms On or Near School Grounds
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:
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.
|Stun Guns/Tasers Restrictions|
State Statute or Definition: (5-1-102 Weapon definition, but legal)
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.
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 attempt to unlawfully employ it as a weapon against a person.
A recent Arkansas Attorney General's Opinion, Opinion No. 2015-064 (Aug. 28, 2015) addresses open carry and states that if a person does not have the intent to “attempt to unlawfully employ a handgun ... as a weapon against [another],” he or she may “possess a handgun ... on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use” without violating Ark. Code § 5-73-120(a). However, this is still subject to the specified restrictions – for example, other statutes that prohibit possession of a handgun in certain circumstances, regardless of whether a person has the intent to use a handgun unlawfully, still apply, and the laws requiring a license to carry a concealed handgun continue to have full force and effect. The opinion is a guidance but is not binding as law.
However, it is permissible to carry a handgun if, at the time of carrying the weapon:
No person under 18 years of age may possess a handgun, and it is unlawful to possess a firearm upon the developed property of a public or private school, K-12; in a school bus; or at a designated bus stop as identified on the route list published by a school district annually. However, these prohibitions do not apply if at the time of the act of possessing a handgun or firearm:
A person is prohibited from carrying or possessing a handgun (including in an occupied vehicle) on the property of any private institution of higher education or a publicly supported institution of higher education, with a purpose to employ the handgun as a weapon against a person, although a person with a valid concealed carry license may carry if he or she is a staff member and there is no policy or posting prohibiting the carrying of a concealed handgun on the property.
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 provided the person has a valid license.
An application for a license to carry a handgun concealed is made to the Arkansas State Police. The license is valid throughout the state for 5 years from the date of issuance. The licensee must carry the license, or an electronic copy of the license in an "acceptable electronic format," together with valid identification, at any time when the licensee is carrying a concealed handgun. An "acceptable electronic format" means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on a concealed handgun license as clearly as the original concealed handgun license.
The concealed handgun license application shall be completed under oath on a form promulgated by the Director of State Police and shall include:
The non-refundable fee for applicants aged 64 years and younger is $147.25 (online application) or $141.50 (mailed-in application), which includes the application and background check fee. For those aged 65 or older, the fee is $95.25 (online application) or $91.50 (mailed-in application). The renewal fee is $60.00 (non-expired license) and $75 if the license has expired for less than six months. Licenses that have been expired for over six months are not liable for renewal and a new application is required.
The director shall issue the license if the applicant:
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 subject to appeal under the Arkansas Administrative Procedure Act. Within 30 days after the change of address or within 30 days after having a license lost, the licensee shall notify the director in writing of such change or loss.
Any person in possession of a valid license issued by another state to carry a concealed handgun shall be entitled to the privileges and subject to the restrictions prescribed by Arkansas’ concealed handgun law.
A license does not authorize any person to carry a concealed handgun into:
It is unlawful to transport a firearm in a boat at night, unless it is unloaded and cased. Ark. Admin. Code 002.00.1-05.06.
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 of the state, or any city or county, or any state or federal military personnel, to (1) knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds, or (2) knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Justice Building in Little Rock. “Facility” means a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property. However, these prohibitions do not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds for the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the building or facility or grounds or if necessary to participate in a trade show, exhibit, or educational course conducted in the building or facility or on the grounds.
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 semi-automatically discharged from a magazine, by a single function of the firing device.
A person commits the offense of the criminal use of a prohibited weapon if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any machine gun. Ark. Code Ann. § 5-73-104(a). Defenses are listed in § 5-73-104(b) and § 5-73-105 and include possession, use, etc. “under circumstances negating any likelihood that the weapon could be used as a weapon.” In addition, possession or use of a machine gun for an offensive or aggressive purpose is a crime under Ark. Code Ann. § 5-73-204. There is a presumption of an offensive or aggressive purpose in certain circumstances listed in Ark. Code Ann. § 5-73-205(a) (e.g., when the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found, and the machine gun has not been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act or the Gun Control Act, and is not being used primarily to test ammunition in a non-offensive and non-aggressive manner by the corporation or the corporation's representative, where the corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law).
|ANTIQUES, CURIOSITIES AND REPLICAS (C&R)|
|Arkansas statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.|
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.
Only the State of Arkansas has the authority to bring suit against a firearm or ammunition manufacturer or dealer, however in a proclamation by the Governor of a state of emergency, the governing body of a local unit of government may enact an emergency ordinance regulating firearms.
A local unit of government shall not enact impose any restriction on firearm ownership or possession during a declared state of emergency.
A local unit of government may not enact or enforce any ordinance or regulation affecting firearms or ammunition.
ARK. CODE ANN. § 14-16-504. Regulation by local unit of government
(a) As used in this section, “local unit of government” means a city, town, or county.
(b)(1)(A) 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.
(B) The provision in subdivision (b)(1)(A) of this section does not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.
(2)(A) A local unit of government shall not have the authority to bring suit and shall not have the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.
(B) 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.
(C) However, subdivisions (b)(1)(A) and (B) of this section do not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.
(c)(1) 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.
(2) A person who has his or her firearm seized in violation of subdivision (c)(1) of this section may bring an action in the circuit court having jurisdiction for the return of the seized firearm.
Arkansas Code Annotated § 5-73-101 through § 5-73-402.
|Last edited: 6/8/2016|