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5-73-309. License — Requirements.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-73-309. License — Requirements.
The Director of the Division of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant:
(1) Is a citizen of the United States or a permanent legal resident;
(2)(A) Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application.
(B) However, subdivision (2)(A) of this section does not apply to any:
(i) Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or
(ii) Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status;
(3) Is at least:
(A) Twenty-one (21) years of age; or
(B) Eighteen (18) years of age and is:
(i) Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces;
(ii) In the National Guard or a reserve component of the United States Armed Forces; or
(iii) A former member of the United States Armed Forces who has been honorably discharged;
(4) Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide;
(5) Has not been convicted of a felony in a court of this state, of any other state, or of the United States unless:
(A) The applicant is subsequently granted a pardon by the Governor or the President of the United States explicitly restoring his or her ability to possess a firearm;
(B) The applicant was sentenced prior to March 13, 1995, and the record of conviction has been sealed or expunged under Arkansas law; or
(C) The applicant's offense was dismissed and sealed or expunged un
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-309
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:5-73-309
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a6a1cd3c20c049128b862b4560a76c9b8797f0af42da7a7b92277350fa7720d0
Source location: content.xml paragraph 31004
Stored source content
5-73-309. License — Requirements.
The Director of the Division of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant:
(1) Is a citizen of the United States or a permanent legal resident;
(2)(A) Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application.
(B) However, subdivision (2)(A) of this section does not apply to any:
(i) Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or
(ii) Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status;
(3) Is at least:
(A) Twenty-one (21) years of age; or
(B) Eighteen (18) years of age and is:
(i) Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces;
(ii) In the National Guard or a reserve component of the United States Armed Forces; or
(iii) A former member of the United States Armed Forces who has been honorably discharged;
(4) Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide;
(5) Has not been convicted of a felony in a court of this state, of any other state, or of the United States unless:
(A) The applicant is subsequently granted a pardon by the Governor or the President of the United States explicitly restoring his or her ability to possess a firearm;
(B) The applicant was sentenced prior to March 13, 1995, and the record of conviction has been sealed or expunged under Arkansas law; or
(C) The applicant's offense was dismissed and sealed or expunged under § 16-93-301 et seq. or § 16-98-303(g);
(6) Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Division of Arkansas State Police and the Federal Bureau of Investigation's National Instant Criminal Background Check System;
(7)(A) Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired.
(B) It is presumed that an applicant chronically and habitually uses a controlled substance to the extent that his or her faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, § 5-64-101 et seq., or a similar law of any other state or the United States relating to a controlled substance within the three-year period immediately preceding the date on which the application is submitted;
(8)(A) Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired.
(B) It is presumed that an applicant chronically and habitually uses an alcoholic beverage to the extent that his or her normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under a law of this state or similar law of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;
(9) Desires a legal means to carry a concealed handgun to defend himself or herself;
(10) Has not been adjudicated mentally incompetent;
(11)(A) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility.
(B) An applicant who is a veteran who voluntarily sought mental health treatment at a mental health institution or mental health treatment facility may obtain a license under this subchapter if a circuit court grants his or her petition under § 5-73-327;
(12) Is not a fugitive from justice or does not have an active warrant for his or her arrest;
(13) Has satisfactorily completed a training course as prescribed and approved by the director; and
(14) Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-93-301. Definitions.
As used in this subchapter, “sealing” means the procedure and effect as defined in the Comprehensive Criminal Record Sealing Act of 2013, § 16-90-1401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-93-301
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 16-93-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-98-303. Drug court programs authorized.
(a)(1) Each judicial district of this state is authorized to establish a drug court program under this subchapter.
(2) A drug court established under this subchapter shall be approved under § 16-10-139.
(3)(A) A drug court program may be preadjudication or post-adjudication for an adult offender or a juvenile offender.
(B) A juvenile drug court program or services may be used in a delinquency case or a family in need of services case.
(C) A juvenile drug court program or services may be used in a dependency-neglect case under § 9-27-334.
(4) Notwithstanding the authorization described in subdivision (a)(1) of this section, a judge of a circuit court, drug court, or juvenile division of circuit court may not order any services or treatment under subsection (b) of this section or § 16-98-305 unless:
(A) An administrative and programmatic appropriation has been made for those purposes;
(B) Administrative and programmatic funding is available for those purposes; and
(C) Administrative and programmatic positions have been authorized for those purposes.
(5) As determined by the Division of Community Correction, an adult drug court program established under this section shall target high-risk offenders and medium-risk offenders.
(b)(1) A drug court program shall incorporate services from the Division of Community Correction, the Department of Human Services, and the Administrative Office of the Courts.
(2) Subject to an appropriation, funding, and position authorization, both programmatic and administrative, and subject to the requirements of eligibility as defined in § 16-93-1202, the Division of Community Correction:
(A) Shall:
(i) Establish standards regarding the classification of a drug court program p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-98-303
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 16-98-303. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-64-101. Definitions.
As used in this chapter:
(1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
(A) A practitioner; or
(B) The patient or research subject at the direction and in the presence of the practitioner;
(2)(A) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser.
(B) “Agent” does not include a common or contract carrier, public warehouseman, or employee of the common or contract carrier or warehouseman;
(3)(A) “Anabolic steroid” means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestin, and corticosteroid that promotes muscle growth.
(B)(i) “Anabolic steroid” does not include an anabolic steroid that is expressly intended for administration through an implant to cattle or another nonhuman species and that has been approved by the Secretary of the Department of Health for such administration.
(ii) If any person prescribes, dispenses, or distributes a steroid described in subdivision (3)(B)(i) of this section for human use, the person is considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision (3);
(4) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI;
(5)(A) “Counterfeit substance” means a noncontrolled substance, that by overall dosage unit appearance including color, shape, size, markings, packaging, labeling, and overall appearance or upon the basis of representations made to the recipient, purports to be a controlled substance or to have the physical or psychol
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-64-101
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 5-64-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-73-327. Discharged veterans.
(a) As used in this section:
(1) “Mental health institution or mental health treatment facility” means a public or private facility where a person may voluntarily admit himself or herself for mental health treatment; and
(2) “Veteran” means a person who:
(A) Served on active duty in the United States Armed Forces for a period of more than one hundred eighty (180) days and was discharged or released from active duty with other than a dishonorable discharge;
(B) Was discharged or released from active duty in the United States Armed Forces because of a service-connected disability; or
(C) As a member of a reserve component of the United States Armed Forces under an order to active duty, not to include training, was discharged or released from duty with other than a dishonorable discharge.
(b)(1) A veteran who voluntarily seeks and completes mental health treatment in a mental health institution or mental health treatment facility may obtain a license to carry a concealed handgun under this subchapter by filing a petition in the circuit court where the veteran resides.
(2) However, the veteran may not obtain a license to carry a concealed handgun under this subchapter until at least two (2) years after he or she completed mental health treatment in a mental health institution or mental health treatment facility.
(c)(1) A petition under this section shall request a judicial determination that the petitioner is mentally fit and that his or her past voluntary commitment to a mental institution or mental health treatment facility would currently not have a negative impact on the petitioner's ability to responsibly possess a license to carry a concealed handgun.
(2) A petitioner shall also provide the circuit court with a limite
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-73-327
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 5-73-327. This identifies an authority to review, not proof of applicability.