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5-73-306. Prohibited places.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-73-306. Prohibited places.

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. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:5-73-306
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2f512abce174c3a20a529ad27f67ccc310270fc2997d7944c11404844c626176

Source location: content.xml paragraph 30879

Stored source content

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 inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. (b) A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iv)(a) of this section into the courthouse, courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located; (B) The licensee's principal place of employment is within the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office; and (C) The quorum court by ordinance approves a plan that allows licensees permitted under this subdivision (5) to carry a concealed handgun into the courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings as set out by the local security and emergency preparedness plan; (6)(A) Any courtroom. (B) However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a concealed weapon into his or her courtroom; (7) Any meeting place of the governing body of any governmental entity; (8) Any meeting of the General Assembly or a committee of the General Assembly; (9) Any state office; (10) Any athletic event not related to firearms; (11)(A) A portion of an establishment, except a restaurant as defined in § 3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises. (B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (12)(A) A portion of an establishment, except a restaurant as defined in § 3-5-1202, where beer or light wine is consumed on the premises. (B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (13)(A) A school, college, community college, or university campus building or event. (B) However, subdivision (13)(A) of this section does not apply to: (i) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: (a) Is located on the developed property of the kindergarten through grade twelve (K-12) private school; (b) Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and (c) 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); (ii) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school; (iii) Participation in an authorized firearms-related activity; (iv) Carrying a concealed handgun as authorized under § 5-73-322; or (v) A publicly owned and maintained parking lot of a college, community college, or university 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; (14) Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal firearm into the passenger terminal if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft; (15)(A) Any church or other place of worship. (B) However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. (C) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; (16) Any place where the carrying of a firearm is prohibited by federal law; (17) Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration; (18)(A)(i) Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that “carrying a handgun is prohibited”. (ii)(a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. (b) In addition to the requirement of subdivision (18)(A)(ii)(a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance. (iii) A written notice as described in subdivision (18)(A)(i) of this section is not required for a private home. (iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun. (B) Subdivision (18)(A) of this section does not apply if the place is: (i) A public university, public college, or community college, as defined in § 5-73-322, and the licensee is carrying a concealed handgun as provided under § 5-73-322; (ii) A publicly owned and maintained 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; or (iii) A parking lot of a private employer and the licensee is carrying a concealed handgun as provided under § 5-73-326. (C) The person or entity exercising control over the physical location of a place that does not use his, her, or its authority under this subdivision (18) to prohibit a person from possessing a concealed handgun is immune from a claim for monetary damages arising from or related to the decision not to place at each entrance to the place a written notice under this subdivision (18); (19)(A)(i) A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section. (ii)(a) A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. (b) A licensee who receives written or verbal notification under subdivision (19)(A)(ii)(a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity. (B) A place owned or operated by a private entity under this subdivision (19) includes without limitation: (i) A private university or private college; (ii) A church or other place of worship; (iii) An establishment, except a restaurant as defined in § 3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises; and (iv) An establishment, except a restaurant as defined in § 3-5-1202, where beer or light wine is consumed on the premises; or (20) 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.

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Arkansas Code — all titles (historical 2020) · legal_authorities

3-5-1202. Definitions.

3-5-1202. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Barrel” means thirty-one gallons (31 gals.); (2) “Beer” means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight; (3) “Beer, malt beverage, and hard cider law or rule” means any law of this state, or any rule promulgated and adopted with respect thereto, that is: (A) Applicable to a person applying for or holding a license to manufacture beer, malt beverage, or hard cider; or (B) Applicable to a person applying for or holding a license to sell beer, malt beverage, or hard cider in a restaurant for consumption on or off the licensed premises; (4) “Board” means the Alcoholic Beverage Control Board of this state, or its successor agency; (5) “Conflicting beer, malt beverage, or hard cider law or rule” means any beer, malt beverage, or hard cider law or rule that prohibits or conflicts with the otherwise legal licensing and operation of microbrewery-restaurants, as authorized in this subchapter, by requiring any brewer to sell only to a licensed wholesaler, or requiring any licensed retailer to sell only beer, malt beverage, or hard cider purchased from a licensed wholesaler, or prohibiting any brewer or retailer from having any ownership or employment interest in the business of the other or the premises of the other, or requiring that the excise and enforcement tax on beer, malt beverage, or hard cider manufactured by a brewer be paid by a licensed wholesaler, or any beer, malt beverage, or hard cider law or rule of similar direct or indirect effect; (6) “Director” means the Director of the Alcoholic Beverage Control Division of this state, or its successor agency; (7) “Dr

Source: Arkansas Code — historical release 78 (November 6, 2020) · 3-5-1202

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 3-5-1202. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-73-119. Handguns — Possession by minor or possession on school property.

5-73-119. Handguns — Possession by minor or possession on school property. (a)(1) No person in this state under eighteen (18) years of age shall possess a handgun. (2)(A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor. (B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously: (i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section; (ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or (iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age. (b)(1) No person in this state shall possess a firearm: (A) Upon the developed property of a public or private school, kindergarten through grade twelve (K-12); (B) In or upon any school bus; or (C) At a designated bus stop as identified on the route list published by a school district each year. (2)(A) A violation of subdivision (b)(1) of this section is a Class D felony. (B) No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or probated or treated as a first offense under § 16-93-301 et seq. (c)(1) Except as provided in § 5-73-322, a person in this state shall not possess a handgun upon the property of any private institution of higher education or a publicly supported institution of higher education in this state on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun as a weapon against a person. (2) A violation of subdivision (c)(1) of this section is a Class D felony. (d) “Handgun” means a firearm capable of firing rimfire ammunition or centerfire

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-119

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 5-73-119. 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.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-73-326. Licensee rights — Private employer parking lot.

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.