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16-120-802. Possession of concealed handgun in parking lot.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-120-802. Possession of concealed handgun in parking lot.
(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's or another person's actions involving a handgun transported or stored under § 5-73-326(a) or from allowing a person to enter the private employer's place of business or parking lot under § 5-73-326(b), including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions.
(b) Employees shall, within twenty-four (24) hours of obtaining knowledge of a theft occurring on a private employer's private parking lot, report a handgun as lost or stolen to the private employer and a local law enforcement agency with jurisdiction.
(c) A handgun possessed in a parking lot does not solely constitute a failure on the part of a private employer to provide a safe workplace.
(d)(1) A private employer may terminate any employee for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle.
(2) A private employer may bring a civil action against an employee who knowingly displays in a flagrant or unreasonable manner a handgun in plain sight of others at a private employer's place of business or in plain sight in an employee's motor vehicle, as described in § 16-118-115, except when an employee's display of a handgun is incidental and reasonably related to the transfer of the employee's handgun from his or her locked container located within the employee's
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-120-802
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-120-802
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 47a0fa1f6c39eedf5d428db4ba0bd7816ea9c658d0ec9f65030bedd1d9b8a1b1
Source location: content.xml paragraph 49152
Stored source content
16-120-802. Possession of concealed handgun in parking lot.
(a) A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's or another person's actions involving a handgun transported or stored under § 5-73-326(a) or from allowing a person to enter the private employer's place of business or parking lot under § 5-73-326(b), including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions.
(b) Employees shall, within twenty-four (24) hours of obtaining knowledge of a theft occurring on a private employer's private parking lot, report a handgun as lost or stolen to the private employer and a local law enforcement agency with jurisdiction.
(c) A handgun possessed in a parking lot does not solely constitute a failure on the part of a private employer to provide a safe workplace.
(d)(1) A private employer may terminate any employee for flagrantly or unreasonably displaying a handgun in plain sight of others at the private employer's place of business or in plain sight in an employee's motor vehicle.
(2) A private employer may bring a civil action against an employee who knowingly displays in a flagrant or unreasonable manner a handgun in plain sight of others at a private employer's place of business or in plain sight in an employee's motor vehicle, as described in § 16-118-115, except when an employee's display of a handgun is incidental and reasonably related to the transfer of the employee's handgun from his or her locked container located within the employee's motor vehicle to another part of the employee's motor vehicle or employee's person.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-118-115. Civil actions regarding violations of § 5-73-326.
An employer or employee who knowingly violates § 5-73-326 is liable to the prevailing party in an action brought under this section and, upon proving the prevailing party's case by clear and convincing evidence, is entitled to one (1) or more of the following remedies:
(1) Equitable relief;
(2) Compensatory damages; and
(3) Costs and fees, including reasonable attorney's fees.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-118-115
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-118-115. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-73-326. Licensee rights — Private employer parking lot.
(a) A private employer shall not prohibit an employee who is a licensee from transporting or storing a legally owned handgun in the employee's private motor vehicle in the private employer's parking lot when:
(1) The handgun:
(A) Is lawfully possessed;
(B) Is stored out of sight inside a locked private motor vehicle in the private employer's parking lot; and
(C)(i) Is stored inside a locked personal handgun storage container that is designed for the safe storage of a handgun.
(ii) An employee is not required to store the handgun in the personal handgun storage container as required in subdivision (a)(1)(C)(i) of this section until he or she is exiting his or her private motor vehicle; and
(2) The employee has in his or her possession the key to the personal handgun storage container as required by subdivision (a)(1)(C)(i) of this section.
(b) 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:
(1) The handgun is kept for lawful purposes;
(2) The handgun is concealed within the employee's private motor vehicle; and
(3) The employee stores the handgun in his or her motor vehicle in accordance with subdivisions (a)(1)(A)-(C) of this section.
(c) An employer has the right to:
(1) Prohibit a person who is not an employee from storing a handgun in the employee's motor vehicle in the private employer's parking lot; and
(2) 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:
(A) The par
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-326
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-73-326. This identifies an authority to review, not proof of applicability.