HISTORY: Acts 1995, No. A petition under this section shall request a judicial determination that the petitioner is mentally fit and that his or her past voluntary commitment to a mental institution or mental health treatment facility would currently not have a negative impact on the petitioner's ability to responsibly possess a license to carry a concealed handgun. Any police station, sheriff's station, or Department of Arkansas State Police station; Any Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department facility; Any building of the Arkansas State Highway and Transportation Department or onto grounds adjacent to any building of the Arkansas State Highway and Transportation Department. The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis or is traveling to or from a lawful marksmanship competition or practice or other lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis. The area of a building prohibited under this subdivision (e)(1) is no larger than necessary to complete the grievance or disciplinary meeting. 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. A person commits the offense of criminal possession of explosive material or a destructive device if the person: Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and, Has the purpose of using that explosive material or destructive device to commit an offense; or. 842, entering the United States on official law enforcement business, and the distribution of explosive material is in furtherance of this official law enforcement business; or. A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in 5-73-308(a) or 5-73-309. 1051, 4. 1093, 1; 2001, No. 843, as it existed on January 1, 2009, and the receipt or possession of the explosive material is in furtherance of the person's power; A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the Attorney General of the United States in consultation with the Secretary of Defense under 18 U.S.C. Every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer. 302, 1; 2001, No. 1078, 1; 2015, No. ; The machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and. (a) In addition to any other prohibitions which may exist by law, it shall be unlawful for any person to shoot or discharge any firearms: (1) Across or in any public road in this state, at any time; (2) Within five hundred feet of any school or church; or A licensee who may carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college under this section may not carry a concealed handgun into a location during which an official meeting lasting no more than nine (9) hours is being conducted in accordance with documented grievance and disciplinary procedures as established by the public university, public college, or community college if: At least twenty-four (24) hours notice is given to participants of the official meeting; Notice is posted on the door of or each entryway into the location in which the official meeting is being conducted that possession of a concealed handgun by a licensee under this section is prohibited during the official meeting; and. An employee of a local detention facility is exempt from the licensing requirements of this subchapter if the employee of a local detention facility is authorized in writing as exempt from the licensing requirements of this subchapter by the chief of police or county sheriff that employs the employee of a local detention facility. 760, 1. A private employer shall not prohibit or attempt to prevent an employee who is a licensee from entering the parking lot of the private employer's place of business because the employee's private motor vehicle contains a handgun if: The handgun is concealed within the employee's private motor vehicle; and. HISTORY: Acts 1975, No. 649, 1-4; 1993, No. The charge for firing a gun within city limits without any justification is charged as Unlawful Discharge of Firearms and is convicted as a class 6 felony. It is a Class A misdemeanor for any person to store any explosive material in a manner not in conformity with the Arkansas Fire Prevention Code. 5845(a) as it existed on January 1, 2015. If you are in the city limits of any city or town, that's almost certainly a non-starter. 748, 41. 419, 2; 1997, No. An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise. 605, 9; 2009, No. 664, 26; 2007, No. As used in this section, "taser stun gun" means any device that: Is powered by an electrical charging unit such as a battery; and, Emits an electrical charge in excess of twenty thousand (20,000) volts; or. 1390, 1; 2015, No. 726, 1, 2; 2007, No. The chief law enforcement officer of the city or county shall keep a record of all retired law enforcement officers authorized to carry a concealed handgun in his or her jurisdiction and shall revoke any authorization for good cause shown. 80, 12; Pope's Dig., 3525; A.S.A. The justification for using physical force or deadly physical force against another person to protect a pregnant woman's unborn child is not available if: The use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman; or. If a check of the applicant's criminal records uncovers any unresolved felony arrests over ten (10) years old, then the applicant shall obtain a letter of reference from the county sheriff, prosecuting attorney, or circuit judge of the county where the applicant resides that states that to the best of the county sheriff's, prosecuting attorney's, or circuit judge's knowledge that the applicant is of good character and free of any felony convictions. This means it can be charged as a felony or as a Misdemeanor, based on your criminal history and the specific facts of your case. 80, 6; Pope's Dig., 3519; A.S.A. This section does not prevent a private employer from prohibiting a person who is not licensed or who fails to transport or store the handgun in accordance with subdivisions (a)(1)(A)-(C) of this section from transporting or storing a handgun in the parking lot or from entering onto the private employer's place of business or the private employer's parking lot. 93, 4; 1977, No. Newsmax, Moneynews, Newsmax Health, and Independent. or 7.63 mm ) or larger caliber possessed in violation of this subchapter may issue in the same manner and under the same restrictions as provided by law for stolen property, and any court of record upon application of the prosecuting attorney shall have jurisdiction and power to order any illegal machine gun, thus legally seized, to be confiscated and either destroyed or delivered to a law enforcement officer of the state or a political subdivision of the state. Missouri or its predecessor acts. Martins heard motorcycles approaching and walked up a hill to get to high ground. Monday, 29 December 2014 01:40 PM EST. 411, 8; 1995, No. "Firearm" means the same as defined in the National Firearms Act, 26 U.S.C. or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun. 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. 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. 1947, 41-511. 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. Is stored inside a locked personal handgun storage container that is designed for the safe storage of a handgun. 411, 2; 1995, No. Answer (1 of 11): Depends on the county. Expenditures from the hazard mitigation fund shall be made by executive order of the Governor. A person who violates this section commits a Class D felony if he or she has been previously convicted of a felony and his or her present conduct or the prior felony conviction does not fall within subdivision (c)(1) of this section. 1947, 41-507; Acts 1997, No. 61, 1. Kentucky I can find the closest thing to a state law on the matter in the South Carolina Code of Laws, Title 3, Chapter 31, Article 7, Section 23-31-510 (2), which states: 188, 1, No. Posted on April 9, 2020 in Firearms Crimes. Notwithstanding any Arkansas law to the contrary, at the conclusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. 415, 1. Has completed the minimum training requirements for his or her position. 12.11.8. 1947, 41-3108; Acts 2005, No. The provisions of this Ordinance shall apply to all persons engaged in hunting as regulated HISTORY: Acts 1994 (2nd Ex. Connecticut It is permissible to carry a handgun under this section if at the time of the act of possessing a handgun or firearm: The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning; The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties; The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces; The person is a registered commissioned security guard acting in the course and scope of his or her duties; The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun or firearm; The person is a certified law enforcement officer, either on-duty or off-duty. 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. Hawaii Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape. The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon. 1226, 1; 2017, No..859, 1. 1100, 1-3; 1999, No. Shooting across road or near building or crowd; penalty. HISTORY: Acts 1985, No. To the greatest extent practicable, the Governor shall delegate or assign operational control by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the Governor's authority to do so by orders issued at the time of the disaster emergency. The Governor's disaster fund may be increased from time to time at the discretion of the Governor. (a) "BB gun" means a device that fires or ejects a shot measuring .18 of an inch or less in diameter. The discharge of a firearm or archery equipment in the defense of life or property; The discharge of a firearm or archery equipment at a public or private shooting range or gallery; or. If such notification is not reasonably possible, "immediate" means the brief interval before the apparent infliction of serious bodily harm upon the person discharging the firearm or another individual. Make provision for the availability and use of temporary emergency housing. Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function. The physical force involved is the product of a combat by agreement not authorized by law. 1947, 41-3160; Acts 2003, No. ), No. As used in this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance. 266, 1; 1987, No. 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. 280, 509; A.S.A. HISTORY: Acts 1975, No. Punishment 5-73-127 - Possession of loaded center-fire weapons in certain areas 5-73-128 - Offenses upon property of public schools 5-73-129 - (2019) Furnishing a handgun or a prohibited weapon to a felon 5-73-130 - (2019) Seizure and forfeiture of firearm -- Seizure and forfeiture of motor vehicle -- Disposition of property seized HISTORY: Acts 1975, No. 1168, 2. 419, 2; 1997, No. The items listed in subdivisions (a)(1)-(5) of this section. 275, 2; 2003, No. (2) Unlawful discharge of a firearm from a vehicle in the second degree is a Class B felony. Vote Now, Do You Support President Obamas Plans for Stricter Gun Control? This article does not constitute legal advice. A firearm-sensitive area under subdivision (a)(1)(C)(i) of this section is limited to an area where a collegiate athletic event is held. Commission or attempted commission of theft or criminal mischief; or. 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