Arkansas Legal Resource Navigator

5-73-122. Carrying a firearm in publicly owned buildings or facilities.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-73-122. Carrying a firearm in publicly owned buildings or facilities.

5-73-122. Carrying a firearm in publicly owned buildings or facilities. (a)(1) Except as provided in § 5-73-322, § 5-73-306(5), § 16-21-147, and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. (2) It is unlawful for any person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, or any state or federal military personnel, to knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Arkansas Justice Building in Little Rock. (3) However, this subsection does 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: (A) For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds; (B) If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds; (C)(i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (ii)(a) As used in this subdivision (

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-122

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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Stable record: arkansas_code:legal_authorities:5-73-122
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 27fe7aeddc2c7d6b8f883b42ab2e150451af8c2b1f526928d4bbff0201086bd3

Source location: content.xml paragraph 30342

Stored source content

5-73-122. Carrying a firearm in publicly owned buildings or facilities. (a)(1) Except as provided in § 5-73-322, § 5-73-306(5), § 16-21-147, and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. (2) It is unlawful for any person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, or any state or federal military personnel, to knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Arkansas Justice Building in Little Rock. (3) However, this subsection does 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: (A) For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds; (B) If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds; (C)(i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. (ii)(a) As used in this subdivision (a)(3)(C), “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 school. (b) “Parking lot” does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services; (D) If the person has completed the required training and received a concealed carry endorsement under § 5-73-322(g) and the place is not: (i) A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by § 5-73-306(5) or § 5-73-306(6); (ii) A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section; (iii) A facility operated by the Division of Correction or the Division of Community Correction; or (iv) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325, located at: (a) The Arkansas State Hospital; (b) The University of Arkansas for Medical Sciences; or (c) A collegiate athletic event; or (E) If the person has a license to carry a concealed handgun under § 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building. (4) As used in this section, “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. (b) However, a law enforcement officer, either on-duty or off-duty, officer of the court, bailiff, or other person authorized by the court is permitted to possess a handgun in the courtroom of any court or a courthouse of this state. (c) A person violating this section upon conviction is guilty of a Class C misdemeanor. (d) An off-duty law enforcement officer carrying a firearm in a publicly owned building or facility may be required to be in physical possession of a valid identification identifying the person as a law enforcement officer. (e) 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.

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Arkansas Code — all titles (historical 2020) · legal_authorities

16-21-147. Powers of deputy prosecuting attorney — Disposition of federal forfeiture funds.

16-21-147. Powers of deputy prosecuting attorney — Disposition of federal forfeiture funds. (a) 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. (b)(1) A prosecuting attorney and those deputy prosecuting attorneys and other staff members he or she designates shall be considered law enforcement officers for the purposes of utilizing emergency, protective, and communication equipment in coordination with interagency cooperative investigations and operations. (2) However, the prosecuting attorney and all members of his or her office shall have no greater arrest powers than those accorded all citizens under the Arkansas Constitution and the Arkansas Code. (3) A prosecuting attorney and those deputy prosecuting attorneys designated by the prosecuting attorney may carry firearms. (4) A prosecuting attorney who elects to carry a firearm or authorize his or her deputy prosecuting attorneys to carry a firearm shall adopt a weapons policy and a use of force policy. (c) A prosecuting attorney shall have the power to appoint deputy prosecuting attorneys and other employees at such salaries as are authorized in the grant awards from the Department of Finance and Administration's Drug Law Enforcement Program, Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, as amended, or its successor. (d) All federal forfeitures to a prosecuting attorney's office shall be deposited in a separate account pursuant to § 5-64-505(i)(4).

Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-21-147

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 16-21-147. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-73-301. Definitions.

5-73-301. Definitions. As used in this subchapter: (1) “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 an original concealed handgun license; (2) “Concealed” means to cover from observation so as to prevent public view; (3) “Convicted” means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense; (4) “Handgun” means any firearm, other than a fully automatic firearm, with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand; (5) “Licensee” means a person granted a valid license to carry a concealed handgun pursuant to this subchapter; (6) “Parking lot” means an area, structure, or part of a structure designated for the parking of motor vehicles or a designated drop-off zone for children at a school; (7) “Private university or private college” means an institution of higher education that is not a public university, public college, or community college as defined in § 5-73-322; and (8) “Retired law enforcement officer” means a person who retired as a certified law enforcement officer from a local or state law enforcement agency with at least ten (10) years of experience as a law enforcement officer.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-301

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 5-73-301. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-73-306. Prohibited places.

5-73-306. Prohibited places. Except as permitted under § 5-73-322(g), a license to carry a concealed handgun issued under this subchapter does not authorize a person to carry a concealed handgun into: (1) Any police station, sheriff's station, or Division of Arkansas State Police station; (2) An Arkansas Highway Police Division of the Arkansas Department of Transportation facility; (3)(A) A building of the Arkansas Department of Transportation or onto grounds adjacent to a building of the Arkansas Department of Transportation. (B) However, subdivision (3)(A) of this section does not apply to: (i) A rest area or weigh station of the Arkansas Department of Transportation; or (ii) A publicly owned and maintained parking lot that is a publicly accessible parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in the publicly owned and maintained parking lot; (4) Any part of a detention facility, prison, jail, or residential treatment facility owned or operated by the Division of Youth Services, including without limitation a parking lot owned, maintained, or otherwise controlled by: (A) The Division of Correction; (B) The Division of Community Correction; or (C) A residential treatment facility owned or operated by the Division of Youth Services; (5) Any courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county office unless: (A) The licensee is: (i) Employed by the county; (ii) A countywide elected official; (iii) A justice of the peace; or (iv)(a) Employed by a governmental entity other than the county with an office or place of employment

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-306

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 5-73-306. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-73-322. Concealed handguns in a university, college, or community college building.

5-73-322. Concealed handguns in a university, college, or community college building. (a)(1) As used in this section, “public university, public college, or community college” means an institution that: (A) Regularly receives budgetary support from the state government; (B) Is part of the University of Arkansas or Arkansas State University systems; or (C) Is required to report to the Arkansas Higher Education Coordinating Board. (2) “Public university, public college, or community college” includes without limitation a public technical institute. (3) “Public university, public college, or community college” does not include a private university or private college solely because: (A) Students attending the private university or private college receive state-supported scholarships; or (B) The private university or private college voluntarily reports to the board. (b) A licensee who has completed the training required under subsection (g) of this section may possess a concealed handgun in the buildings and on the grounds of a public university, public college, or community college, whether owned or leased by the public university, public college, or community college, unless otherwise prohibited by this section or § 5-73-306. (c)(1) A licensee may possess a concealed handgun in the buildings and on the grounds of a private university or private college unless otherwise prohibited by this section or § 5-73-306 if the private university or private college does not adopt a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college. (2)(A) A private university or private college that adopts a policy expressly disallowing the carrying of a concealed handgun in the buildi

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-322

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 5-73-322. This identifies an authority to review, not proof of applicability.