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5-73-308. License — Issuance or denial.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-73-308. License — Issuance or denial.
(a)(1)(A) The Director of the Division of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon.
(B) The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years.
(2) Subdivision (a)(1) of this section does not apply to a misdemeanor that has been expunged or for which the imposition of sentence was suspended.
(3) Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case.
(b)(1) The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun.
(2) Within one hundred twenty (120) days after the date of receipt of the items listed in § 5-73-311(a), the director shall:
(A) Issue the license; or
(B) Deny the applicati
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-308
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:5-73-308
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8b83f7112098f755354dcd600d5c354a70370a6a31beb3d6ab2aec27d2db6f45
Source location: content.xml paragraph 30985
Stored source content
5-73-308. License — Issuance or denial.
(a)(1)(A) The Director of the Division of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon.
(B) The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years.
(2) Subdivision (a)(1) of this section does not apply to a misdemeanor that has been expunged or for which the imposition of sentence was suspended.
(3) Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case.
(b)(1) The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun.
(2) Within one hundred twenty (120) days after the date of receipt of the items listed in § 5-73-311(a), the director shall:
(A) Issue the license; or
(B) Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter.
(3)(A) If the director denies the application, the director shall notify the applicant in writing, stating the grounds for denial.
(B) The decision of the director is subject to appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-73-311. Application procedure.
(a) The applicant for a license to carry a concealed handgun shall submit the following to the Division of Arkansas State Police:
(1) A completed application, as described in § 5-73-310;
(2) A nonrefundable license fee of fifty dollars ($50.00), except that the nonrefundable license fee is twenty-five dollars ($25.00) if the applicant is sixty-five (65) years of age or older;
(3)(A) A full set of fingerprints of the applicant.
(B) In the event a legible set of fingerprints, as determined by the division and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Division of Arkansas State Police shall determine eligibility in accordance with criteria that the division shall establish by promulgating rules.
(C) Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant;
(4)(A) A waiver authorizing the division access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records.
(B) 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.
(C) The division shall maintain the confidentiality of the medical, criminal, or other records; and
(5) A digital photograph of the applicant or a release authorization to obtain a digital photograph
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-311
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 5-73-311. This identifies an authority to review, not proof of applicability.