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5-73-304. Exemptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-73-304. Exemptions.
(a)(1)(A) A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun.
(B) A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter.
(2) Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer.
(b) 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.
(c) The authorization prescribed in subsection (b) of this section shall be carried on the person of the employee of a local detention facility and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in § 5-73-306.
(d) A retired law enforcement officer is exempt from the licensing requirements of this subchapter if the retired law enforcement officer is permitted to carry a concealed handgun under § 12-15-202(b).
(e) As used in this section, “employee of a local detention facility” me
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-304
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:5-73-304
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4b57f4fecc7b5b3cd5d3cbb218632762880219a4c34040a7c937a641dd9c0c98
Source location: content.xml paragraph 30848
Stored source content
5-73-304. Exemptions.
(a)(1)(A) A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun.
(B) A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter.
(2) Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer.
(b) 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.
(c) The authorization prescribed in subsection (b) of this section shall be carried on the person of the employee of a local detention facility and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in § 5-73-306.
(d) A retired law enforcement officer is exempt from the licensing requirements of this subchapter if the retired law enforcement officer is permitted to carry a concealed handgun under § 12-15-202(b).
(e) As used in this section, “employee of a local detention facility” means a person who:
(1) Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include:
(A) Securing a local detention facility;
(B) Monitoring inmates in a local detention facility; and
(C) Administering the daily operation of the local detention facility; and
(2) Has completed the minimum training requirements for his or her position.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
12-15-202. Eligibility to carry concealed handgun.
(a) Any certified law enforcement officer, auxiliary law enforcement officer, employee of a local detention facility, prosecuting attorney, or deputy prosecuting attorney designated by the prosecuting attorney may carry a concealed handgun if the certified law enforcement officer, auxiliary law enforcement officer, employee of a local detention facility, prosecuting attorney, or deputy prosecuting attorney designated by the prosecuting attorney:
(1) Is presently in the employ of a public law enforcement department, office, or agency;
(2) Is authorized by the public law enforcement department, office, or agency to carry a firearm in the course and scope of his or her duties;
(3) Is not subject to any disciplinary action that suspends his or her authority as a certified law enforcement officer, auxiliary law enforcement officer, employee of a local detention facility, prosecuting attorney, or deputy prosecuting attorney designated by the prosecuting attorney;
(4) Is carrying a badge and appropriate written photographic identification issued by the public law enforcement department, office, or agency identifying him or her as a certified law enforcement officer, auxiliary law enforcement officer, employee of a local detention facility, prosecuting attorney, or deputy prosecuting attorney designated by the prosecuting attorney;
(5) Is not otherwise prohibited under federal law;
(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(7) Has fingerprint impressions on file with the Division of Arkansas State Police Automated Fingerprint Identification System.
(b)(1) A concealed handgun may be carried by any retired law enforcement officer or retired auxiliar
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-15-202
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 12-15-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.