Arkansas Code Title 5 Chapter 73 Weapons (Generally)

Transcription

1 1 Arkansas Cde Title 5 Chapter 73 Weapns (Generally) Definitins. As used in this chapter: (1) "Blasting agent" means any material r mixture cnsisting f fuel and xidizer intended fr blasting if the finished prduct as mixed fr use r shipment cannt be detnated by means f a N. 8 test blasting cap when uncnfined; (2) "Cllegiate athletic event" means a sprting r athletic cntest, event, r practice f an individual r team f individuals in which ne (1) r mre individuals r a team f individuals spnsred by, funded by, represented by, r assciated with a public r private university, cllege, r cmmunity cllege cmpetes against themselves r anther individual r team f individuals; (3) "Cntraband" means any explsive material that was used with the knwledge and cnsent f the wner t facilitate a vilatin f this subchapter, as well as any explsive material pssessed under circumstances prhibited by law; (4) "Destructive device" means: (A) Any f the fllwing: (i) Any explsive, incendiary, r pisn gas; (ii) Bmb; (iii) Grenade; (iv) Rcket having a prpellant charge f mre than fur unces (4 z.); (v) Missile having an explsive r incendiary charge f mre than ne-quarter unce (.25 z.); (vi) Mine; r (vii) Similar device; and (B) Any cmbinatin f parts either designed r intended fr use in cnverting any device int a destructive device as defined in subdivisin (4)(A) f this sectin and frm which a destructive device may be readily assembled fr use as a weapn; (5) (A) "Detnatr" means any device cntaining any initiating r primary explsive that is used fr initiating detnatin. (B) A detnatr may nt cntain mre than ten grams (10g) f ttal explsives by weight, excluding ignitin r delay charges, and may include, withut limitatin, electric blasting caps f instantaneus and delay types, blasting caps fr use with safety fuses, detnating crd delay cnnectrs, and nninstantaneus and delay blasting caps that use detnating crd, shck tube, r any ther replacement fr electric leg wires; Arkansas Weapns Laws

2 2 (6) "Distribute" means t sell, issue, give, transfer, r therwise dispse f explsive material; (7) "Explsive material" means an explsive, blasting agent, r detnatr; (8) (A) "Explsive" means any chemical cmpund mixture r device, the primary r cmmn purpse f which is t functin by explsin. (B) "Explsive" includes, withut limitatin: (i) Dynamite and any ther high explsive; (ii) Black pwder; (iii) Pellet pwder; (iv) An initiating explsive; (v) A detnatr; (vi) A safety fuse; (vii) A squib; (viii) A detnating crd; (ix) An igniter crd; (x) An igniter; (xi) Any material determined t be within the scpe f 18 U.S.C. 841 et seq.; and (xii) Any material classified as an explsive ther than cnsumer firewrks, 1.4 (Class C, Cmmn), by the hazardus materials regulatins f the United States Department f Transprtatin; (9) "Instrument f crime" means anything manifestly designed, made, adapted, r cmmnly used fr a criminal purpse; (10) "Minr" means any persn under eighteen (18) years f age; and (11) "Vilent felny cnvictin" means a cnvictin fr any felny ffense against the persn which is cdified in et seq., et seq., et seq., et seq., et seq., et seq., and et seq., r any ther ffense cntaining as an element f the ffense ne (1) f the fllwing: (A) The use f physical frce; (B) The use r threatened use f serius physical frce; (C) The inflictin f physical harm; r (D) The creatin f a substantial risk f serius physical harm Pssessing instrument f crime. (a) A persn cmmits the ffense f pssessing an instrument f crime if he r she pssesses any instrument f crime with a purpse t emply it criminally. (b) Pssessing an instrument f crime is a Class A misdemeanr. Arkansas Weapns Laws

3 Pssessin f firearms by certain persns. (a) Except as prvided in subsectin (d) f this sectin r unless authrized by and subject t such cnditins as prescribed by the Gvernr, r his r her designee, r the United States Bureau f Alchl, Tbacc, Firearms, and Explsives, r ther bureau r ffice designated by the United States Department f Justice, n persn shall pssess r wn any firearm wh has been: (1) Cnvicted f a felny; (2) Adjudicated mentally ill; r (3) Cmmitted invluntarily t any mental institutin. (b) (1) Except as prvided in subdivisins (b)(2) and (3) f this sectin, a determinatin by a jury r a curt that a persn cmmitted a felny cnstitutes a cnvictin fr purpses f subsectin (a) f this sectin even thugh the curt suspended impsitin f sentence r placed the defendant n prbatin. (2) Subdivisin (b)(1) f this sectin des nt apply t a persn whse case was dismissed and expunged under et seq. r (g). (3) The determinatin by the jury r curt that the persn cmmitted a felny des nt cnstitute a cnvictin fr purpses f subsectin (a) f this sectin if the persn is subsequently granted a pardn explicitly restring the ability t pssess a firearm. (c) (1) A persn wh vilates this sectin cmmits a Class B felny if: (A) The persn has a prir vilent felny cnvictin; (B) The persn's current pssessin f a firearm invlves the cmmissin f anther crime; r (C) The persn has been previusly cnvicted under this sectin r a similar prvisin frm anther jurisdictin. (2) A persn wh vilates this sectin cmmits a Class D felny if he r she has been previusly cnvicted f a felny and his r her present cnduct r the prir felny cnvictin des nt fall within subdivisin (c)(1) f this sectin. (3) Otherwise, the persn cmmits a Class A misdemeanr. (d) The Gvernr may restre withut granting a pardn the right f a cnvicted feln r an adjudicated delinquent t wn and pssess a firearm upn the recmmendatin f the chief law enfrcement fficer in the jurisdictin in which the persn resides, s lng as the underlying felny r delinquency adjudicatin: (1) Did nt invlve the use f a weapn; and (2) Occurred mre than eight (8) years ag Criminal use f prhibited weapns. Arkansas Weapns Laws

4 4 (a) A persn cmmits the ffense f criminal use f prhibited weapns if, except as authrized by law, he r she uses, pssesses, makes, repairs, sells, r therwise deals in any: (1) Bmb; (2) Machine gun; (3) Sawed-ff shtgun r rifle; (4) Firearm specially made r specially adapted fr silent discharge; (5) Metal knuckles; r (6) Other implement fr the inflictin f serius physical injury r death. (b) It is a defense t prsecutin under this sectin that: (1) The defendant was a law enfrcement fficer, prsecuting attrney, deputy prsecuting attrney, prisn guard, r member f the armed frces acting in the curse and scpe f his r her duty at the time he r she used r pssessed the prhibited weapn; r (2) The defendant used, pssessed, made, repaired, sld, r therwise dealt in any article enumerated in subsectin (a) f this sectin under circumstances negating any likelihd that the weapn culd be used as a weapn. (c) (1) Criminal use f prhibited weapns is a Class B felny if the weapn is a bmb, machine gun, r firearm specially made r specially adapted fr silent discharge. (2) Criminal use f prhibited weapns is a Class A misdemeanr if the ffense is pssessin f metal knuckles. (3) Otherwise, criminal use f prhibited weapns is a Class D felny Legitimate manufacture, repair, and transprtatin f prhibited weapns. Sectin shall nt be cnstrued t prhibit the manufacture, repair, transprtatin, r sale f the weapns enumerated in t r fr an authrized representative f: (1) The armed frces; r (2) Any law enfrcement agency Defacing a firearm. (a) A persn cmmits the ffense f defacing a firearm if he r she knwingly remves, defaces, mars, cvers, alters, r destrys the manufacturer's serial number r identificatin mark f a firearm. Arkansas Weapns Laws

5 5 (b) Defacing a firearm is a Class D felny Pssessin f a defaced firearm. (a) A persn cmmits the ffense f pssessin f a defaced firearm if he r she knwingly pssesses a firearm with a manufacturer's serial number r ther identificatin mark required by law that has been remved, defaced, marred, altered, r destryed. (b) It is a defense t a prsecutin under this sectin that: (1) The persn reprted the pssessin t the plice r ther gvernmental agency prir t arrest r the issuance f an arrest warrant r summns; r (2) The firearm was manufactured prir t January 1, (c) (1) Pssessin f a defaced firearm is a Class D felny. (2) Hwever, pssessin f a defaced firearm is a Class A misdemeanr if the manufacturer's serial number r ther identificatin mark required by law is merely cvered r bstructed, but still retrievable Criminal acts invlving explsives. (a) (1) A persn cmmits the ffense f criminal pssessin f explsive material r a destructive device if the persn: (A) Sells, pssesses, manufactures, transfers, r transprts explsive material r a destructive device; and (B) Either: (i) Has the purpse f using that explsive material r destructive device t cmmit an ffense; r (ii) Knws r shuld knw that anther persn intends t use that explsive material r destructive device t cmmit an ffense. (2) Criminal pssessin f explsive material r a destructive device is a Class B felny. (b) (1) A persn cmmits the ffense f criminal distributin f explsive material if he r she knwingly distributes explsive material t any individual wh: (A) Has pleaded guilty r nl cntendere t r been fund guilty f a crime in state r federal curt punishable by imprisnment fr a term exceeding ne (1) year; (B) Is a fugitive frm justice; (C) Is an unlawful user f r addicted t any cntrlled substance; Arkansas Weapns Laws

6 6 (D) Has been adjudicated as having a mental disease r defect r has been cmmitted t an institutin r residential treatment facility because f a mental disease r defect; (E) Is under twenty-ne (21) years f age; (F) Is an alien, ther than an alien wh is: (i) Lawfully admitted fr permanent residence as defined in 8 U.S.C. 1101(a)(20), as it existed n January 1, 2009; (ii) In lawful nnimmigrant status, a refugee admitted under 8 U.S.C. 1157, as it existed n January 1, 2009, r in asylum status under 8 U.S.C. 1158, as it existed n January 1, 2009, and either: (a) A freign law enfrcement fficer f a friendly freign gvernment, as determined by the United States Secretary f State under 18 U.S.C. 842, entering the United States n fficial law enfrcement business, and the distributin f explsive material is in furtherance f this fficial law enfrcement business; r (b) A persn having the pwer t direct r cause the directin f the management and plicies f a crpratin, partnership, r assciatin licensed under 18 U.S.C. 843, as it existed n January 1, 2009, and the distributin f explsive material is in furtherance f the persn's pwer; (iii) A member f a Nrth Atlantic Treaty Organizatin r ther friendly freign military frce, as determined by the United States Attrney General in cnsultatin with the United States Secretary f Defense under 18 U.S.C. 842, wh is present in the United States under military rders fr training r ther military purpse authrized by the United States, and the distributin f explsive material is in furtherance f the military rders fr training r authrized military purpse; r (iv) Lawfully present in the United States in cperatin with the Directr f the Central Intelligence Agency, and the distributin f explsive material is in furtherance f the cperatin; (G) Has been dishnrably discharged frm any branch f the United States Armed Frces; r (H) Has renunced his r her United States citizenship. (2) Criminal distributin f explsive material is a Class C felny. (c) (1) A persn cmmits the ffense f pssessin f stlen explsive material if he r she: (A) Receives, pssesses, transprts, ships, cnceals, stres, barters, sells, dispses f, r pledges r accepts as security fr a lan any stlen explsive materials; and (B) Knws r has reasnable cause t believe that the explsive material was stlen. (2) Pssessin f stlen explsive material is a Class C felny. (d) (1) A persn cmmits the ffense f unlawful receipt r pssessin f an explsive material if the persn receives r pssesses explsive material and: Arkansas Weapns Laws

7 7 (A) Has pleaded guilty r nl cntendere t r has been fund guilty in any state r federal curt f a crime punishable by imprisnment fr a term exceeding ne (1) year; (B) Is a fugitive frm justice; (C) Is an unlawful user f r addicted t any cntrlled substance; (D) Has been adjudicated t have a mental disease r defect r has been cmmitted t an institutin r residential treatment facility because f a mental disease r defect; (E) Is under twenty-ne (21) years f age; (F) Is an alien, ther than an alien wh is: (i) Lawfully admitted fr permanent residence as defined in 8 U.S.C. 1101(a)(20), as it existed n January 1, 2009; r (ii) In lawful nnimmigrant status, a refugee admitted under 8 U.S.C. 1157, as it existed n January 1, 2009, r in asylum status under 8 U.S.C. 1158, as it existed n January 1, 2009, and either: (a) A freign law enfrcement fficer f a friendly freign gvernment, as determined by the United States Secretary f State under 18 U.S.C. 842, entering the United States n fficial law enfrcement business, and the receipt r pssessin f the explsive material is in furtherance f this fficial law enfrcement business; r (b) A persn having the pwer t direct r cause the directin f the management and plicies f a crpratin, partnership, r assciatin licensed under 18 U.S.C. 843, as it existed n January 1, 2009, and the receipt r pssessin f the explsive material is in furtherance f the persn's pwer; (iii) A member f a Nrth Atlantic Treaty Organizatin r ther friendly freign military frce, as determined by the United States Attrney General in cnsultatin with the United States Secretary f Defense under 18 U.S.C. 842, wh is present in the United States under military rders fr training r ther military purpse authrized by the United States, and the receipt r pssessin f the explsive material is in furtherance f the military rders fr training r authrized military purpse; r (iv) Lawfully present in the United States in cperatin with the Directr f the Central Intelligence Agency, and the receipt r pssessin f the explsive material is in furtherance f the cperatin; (G) Has been dishnrably discharged frm any branch f the United States Armed Frces; r (H) Has renunced his r her United States citizenship. (2) Unlawful receipt r pssessin f explsive material is a Class C felny. (3) It is a defense t prsecutin under this subsectin if at the time f the receiving r pssessing the explsive material the persn was acting within the scpe f his r her emplyment with a business authrized t use explsive material. Arkansas Weapns Laws

8 8 (e) It is a Class A misdemeanr fr any persn t stre any explsive material in a manner nt in cnfrmity with the Arkansas Fire Preventin Cde. (f) A persn wh cmmits theft f any explsive material with the purpse t cause harm t a persn r prperty is guilty f a Class B felny. (g) Any explsive material determined t be cntraband is subject t seizure by a law enfrcement fficer and t being destryed in cnfrmity with the Arkansas Fire Preventin Cde. (h) As used in this sectin, "alien" means a persn wh is nt a citizen r natinal f the United States Furnishing a deadly weapn t a minr. (a) A persn cmmits the ffense f furnishing a deadly weapn t a minr if he r she sells, barters, leases, gives, rents, r therwise furnishes a firearm r ther deadly weapn t a minr withut the cnsent f a parent, guardian, r ther persn respnsible fr general supervisin f the minr's welfare. (b) (1) Furnishing a deadly weapn t a minr is a Class A misdemeanr. (2) Hwever, furnishing a deadly weapn t a minr is a Class B felny if the deadly weapn is: (A) A handgun; (B) A sawed-ff r shrt-barrelled shtgun, as defined in ; (C) A sawed-ff r shrt-barrelled rifle, as defined in ; (D) A firearm that has been specially made r specially adapted fr silent discharge; (E) A machine gun; (F) An explsive r incendiary device, as defined in ; (G) Metal knuckles; (H) A defaced firearm, as defined in ; r (I) Anther implement fr the inflictin f serius physical injury r death that serves n cmmn lawful purpse. Arkansas Weapns Laws

9 Disarming minrs and mentally defective r mentally irrespnsible persns -- Dispsitin f prperty seized. (a) Subject t cnstitutinal limitatin, nthing in this sectin and shall be cnstrued t prhibit a law enfrcement fficer frm disarming, withut arresting, a minr r persn wh reasnably appears t be mentally defective r therwise mentally irrespnsible when that persn is in pssessin f a deadly weapn. (b) Prperty seized under subsectin (a) f this sectin shall be: (1) Held fr seventy-tw (72) hurs by the law enfrcement agency emplying the law enfrcement fficer wh seized the prperty; and (2) After the seventy-tw-hur hld and upn request and presentatin f valid prf f wnership, returned t the: (A) Owner, if he r she is eighteen (18) years f age r lder and may lawfully pssess the prperty; r (B) Parent r legal guardian f the wner, if the wner is a minr and the parent r legal guardian may lawfully pssess the prperty Unlawful prcurement f a firearm. (a) As used in this sectin: (1) "Ammunitin" means any cartridge, shell, r prjectile designed fr use in a firearm; (2) "False infrmatin" means infrmatin that prtrays an unlawful transactin as lawful r a lawful transactin as unlawful; (3) "Licensed dealer" means a persn wh is licensed under 18 U.S.C. 923, as it existed n January 1, 2013, t engage in the business f dealing in firearms; and (4) "Private seller" means a persn ther than a licensed dealer wh sells r ffers fr sale a firearm r ammunitin. (b) A persn cmmits the ffense f unlawful prcurement f a firearm r ammunitin if he r she knwingly: (1) Slicits, persuades, encurages, r entices a licensed dealer r private seller t transfer a firearm r ammunitin under unlawful circumstances; r (2) Prvides false infrmatin t a licensed dealer r private seller with a purpse t deceive the licensed dealer r private seller cncerning the lawfulness f a transfer f a firearm r ammunitin. (c) It is a defense t prsecutin under this sectin if the persn is: (1) A law enfrcement fficer acting in his r her fficial capacity; r (2) Acting at the directin f a law enfrcement fficer. Arkansas Weapns Laws

10 10 (d) Unlawful prcurement f a firearm r ammunitin is a Class D felny Certificatin by a chief law enfrcement fficer regarding receipt r manufacture f a firearm. (a) As used in this sectin: (1) "Certificatin" means the participatin and assent f the chief law enfrcement fficer r his r her designee necessary under federal law fr the apprval f an applicatin t transfer r manufacture a firearm; and (2) "Firearm" means the same as defined in 5845(a) f the Natinal Firearms Act, 26 U.S.C et seq. as it existed n January 1, (b) (1) When certificatin by the chief law enfrcement fficer f a jurisdictin is required by federal law r regulatin fr the transfer r manufacture f a firearm within fifteen (15) days f receipt f a request fr certificatin, the chief law enfrcement fficer r his r her designee shall prvide the certificatin if the applicant is nt prhibited by law frm receiving r manufacturing the firearm r is nt the subject f a prceeding that culd result in the applicant's being prhibited by law frm receiving r manufacturing the firearm. (2) If the applicant is prhibited by law frm receiving r manufacturing the firearm r is the subject f a prceeding that culd result in a prhibitin against his r her receiving r manufacturing the firearm, the chief law enfrcement fficer r his r her designee shall prvide written ntificatin t the applicant that states the reasns fr his r her findings and that the certificatin is denied. (c) (1) An applicant whse request fr certificatin is denied may appeal the denial t the circuit curt where the applicant resides. (2) The circuit curt shall review the denial de nv. (3) If the circuit curt finds that the applicant is nt prhibited by law frm receiving r manufacturing the firearm r is nt the subject f a prceeding that culd result in a prhibitin against his r her receiving r manufacturing the firearm, the circuit curt shall rder the chief law enfrcement fficer t issue the certificatin t the applicant. (d) Except as prvided in subdivisin (c)(3) f this sectin, the chief law enfrcement fficer f a jurisdictin and his r her emplyees wh act in gd faith are immune frm civil liability arising frm any act r missin in making a certificatin under this sectin. Arkansas Weapns Laws

11 Handguns -- Pssessin by minr r pssessin n schl prperty. (a) (2) (1) N persn in this state under eighteen (18) years f age shall pssess a handgun. (A) A vilatin f subdivisin (a)(1) f this sectin is a Class A misdemeanr. (B) A vilatin f subdivisin (a)(1) f this sectin is a Class D felny if the persn has previusly: (i) Been adjudicated delinquent fr a vilatin f subdivisin (a)(1) f this sectin; (ii) Been adjudicated delinquent fr any ffense that wuld be a felny if cmmitted by an adult; r (iii) Pleaded guilty r nl cntendere t r been fund guilty f a felny in circuit curt while under eighteen (18) years f age. (b) (1) N persn in this state shall pssess a firearm: (A) Upn the develped prperty f a public r private schl, kindergarten thrugh grade twelve (K-12); (B) In r upn any schl bus; r (C) At a designated bus stp as identified n the rute list published by a schl district each year. (2) (A) A vilatin f subdivisin (b)(1) f this sectin is a Class D felny. (B) N sentence impsed fr a vilatin f subdivisin (b)(1) f this sectin shall be suspended r prbated r treated as a first ffense under et seq. (c) (1) Except as prvided in , a persn in this state shall nt pssess a handgun upn the prperty f any private institutin f higher educatin r a publicly supprted institutin f higher educatin in this state n r abut his r her persn, in a vehicle ccupied by him r her, r therwise readily available fr use with a purpse t emply the handgun as a weapn against a persn. (2) A vilatin f subdivisin (c)(1) f this sectin is a Class D felny. (d) "Handgun" means a firearm capable f firing rimfire ammunitin r centerfire ammunitin and designed r cnstructed t be fired with ne (1) hand. (e) It is permissible t carry a handgun under this sectin if at the time f the act f pssessing a handgun r firearm: Arkansas Weapns Laws

12 12 (1) The persn is in his r her wn dwelling r place f business r n prperty in which he r she has a pssessry r prprietary interest, except upn the prperty f a public r private institutin f higher learning; (2) The persn is a law enfrcement fficer, crrectinal fficer, r member f the armed frces acting in the curse and scpe f his r her fficial duties; (3) The persn is assisting a law enfrcement fficer, crrectinal fficer, r member f the armed frces acting in the curse and scpe f his r her fficial duties pursuant t the directin r request f the law enfrcement fficer, crrectinal fficer, r member f the armed frces; (4) The persn is a registered cmmissined security guard acting in the curse and scpe f his r her duties; (5) The persn is hunting game with a handgun r firearm that may be hunted with a handgun r firearm under the rules and regulatins f the Arkansas State Game and Fish Cmmissin r is en rute t r frm a hunting area fr the purpse f hunting game with a handgun r firearm; (6) The persn is a certified law enfrcement fficer; (7) The persn is n a jurney beynd the cunty in which the persn lives, unless the persn is eighteen (18) years f age r less; (8) The persn is participating in a certified hunting safety curse spnsred by the cmmissin r a firearm safety curse recgnized and apprved by the cmmissin r by a state r natinal nnprfit rganizatin qualified and experienced in firearm safety; (9) The persn is participating in a schl-apprved educatinal curse r sprting activity invlving the use f firearms; (10) The persn is a minr engaged in lawful marksmanship cmpetitin r practice r ther lawful recreatinal shting under the supervisin f his r her parent, legal guardian, r ther persn twenty-ne (21) years f age r lder standing in lc parentis r is traveling t r frm a lawful marksmanship cmpetitin r practice r ther lawful recreatinal shting with an unladed handgun r firearm accmpanied by his r her parent, legal guardian, r ther persn twenty-ne (21) years f age r lder standing in lc parentis; (11) The persn has a license t carry a cncealed handgun under et seq. and is carrying a cncealed handgun n the develped prperty f: (A) A kindergarten thrugh grade twelve (K-12) private schl perated by a church r ther place f wrship that: (i) Is lcated n the develped prperty f the kindergarten thrugh grade twelve (K-12) private schl; (ii) Allws the persn t carry a cncealed handgun int the church r ther place f wrship under ; and (iii) Allws the persn t pssess a cncealed handgun n the develped prperty f the kindergarten thrugh grade twelve (K- 12) private schl; r (B) A kindergarten thrugh grade twelve (K-12) private schl r a prekindergarten private schl that thrugh its gverning bard r directr has set frth the rules and circumstances under which the licensee may carry a cncealed handgun int a building r event f the kindergarten Arkansas Weapns Laws

13 13 thrugh grade twelve (K-12) private schl r the prekindergarten private schl; r (12) (A) The persn has a license t carry a cncealed handgun under et seq. and is carrying a cncealed handgun in his r her mtr vehicle r has left the cncealed handgun in his r her lcked and unattended mtr vehicle in a publicly wned and maintained parking lt. (B) (i) As used in this subdivisin (e)(12), "parking lt" means a designated area r structure r part f a structure intended fr the parking f mtr vehicles r a designated drp-ff zne fr children at a schl. (ii) "Parking lt" des nt include a parking lt wned, maintained, r therwise cntrlled by the Department f Crrectin r Department f Cmmunity Crrectin Carrying a weapn. (a) A persn cmmits the ffense f carrying a weapn if he r she pssesses a handgun, knife, r club n r abut his r her persn, in a vehicle ccupied by him r her, r therwise readily available fr use with a purpse t attempt t unlawfully emply the handgun, knife, r club as a weapn against a persn. (b) As used in this sectin: (1) "Club" means any instrument that is specially designed, made, r adapted fr the purpse f inflicting serius physical injury r death by striking, including a blackjack, billie, and sap; (2) "Handgun" means any firearm with a barrel length f less than twelve inches (12") that is designed, made, r adapted t be fired with ne (1) hand; (3) "Jurney" means travel beynd the cunty in which a persn lives; and (4) "Knife" means any bladed hand instrument three inches (3") r lnger that is capable f inflicting serius physical injury r death by cutting r stabbing, including a dirk, a swrd r spear in a cane, a razr, an ice pick, a thrwing star, a switchblade, and a butterfly knife. (c) It is permissible t carry a weapn under this sectin if at the time f the act f carrying the weapn: (1) The persn is in his r her wn dwelling r place f business r n prperty in which he r she has a pssessry r prprietary interest; (2) The persn is a law enfrcement fficer, crrectinal fficer, r member f the armed frces acting in the curse and scpe f his r her fficial duties; (3) The persn is assisting a law enfrcement fficer, crrectinal fficer, r member f the armed frces acting in the curse and scpe f his r her fficial Arkansas Weapns Laws

14 14 duties pursuant t the directin r request f the law enfrcement fficer, crrectinal fficer, r member f the armed frces; (4) The persn is carrying a weapn when upn a jurney, unless the jurney is thrugh a cmmercial airprt when presenting at the security checkpint in the airprt r is in the persn's checked baggage and is nt a lawfully declared weapn; (5) The persn is a registered cmmissined security guard acting in the curse and scpe f his r her duties; (6) The persn is hunting game with a handgun that may be hunted with a handgun under rules and regulatins f the Arkansas State Game and Fish Cmmissin r is en rute t r frm a hunting area fr the purpse f hunting game with a handgun; (7) The persn is a certified law enfrcement fficer; (8) The persn is in pssessin f a cncealed handgun and has a valid license t carry a cncealed handgun under et seq., r recgnized under and is nt in a prhibited place as defined by ; (9) The persn is a prsecuting attrney r deputy prsecuting attrney carrying a firearm under ; r (10) The persn is in pssessin f a handgun and is a retired law enfrcement fficer with a valid cncealed carry authrizatin issued under federal r state law. (d) Carrying a weapn is a Class A misdemeanr Carrying a firearm in publicly wned buildings r facilities. (a) (1) Except as prvided in , (5), , and this sectin, it is unlawful fr any persn ther than a law enfrcement fficer r a security guard in the emply f the state r an agency f the state, r any city r cunty, r any state r federal military persnnel, t knwingly carry r pssess a laded firearm r ther deadly weapn in any publicly wned building r facility r n the State Capitl grunds. (2) It is unlawful fr any persn ther than a law enfrcement fficer r a security guard in the emply f the state r an agency f the state, r any city r cunty, r any state r federal military persnnel, t knwingly carry r pssess a firearm, whether laded r unladed, in the State Capitl Building r the Arkansas Justice Building in Little Rck. (3) Hwever, this subsectin des nt apply t a persn carrying r pssessing a firearm r ther deadly weapn in a publicly wned building r facility r n the State Capitl grunds: Arkansas Weapns Laws

15 15 (A) Fr the purpse f participating in a shting match r target practice under the auspices f the agency respnsible fr the publicly wned building r facility r State Capitl grunds; (B) If necessary t participate in a trade shw, exhibit, r educatinal curse cnducted in the publicly wned building r facility r n the State Capitl grunds; (C) (i) If the persn has a license t carry a cncealed handgun under et seq. and is carrying a cncealed handgun in his r her mtr vehicle r has left the cncealed handgun in his r her lcked and unattended mtr vehicle in a publicly wned and maintained parking lt. (ii) (a) As used in this subdivisin (a)(3)(c), "parking lt" means a designated area r structure r part f a structure intended fr the parking f mtr vehicles r a designated drp-ff zne fr children at schl. (b) "Parking lt" des nt include a parking lt wned, maintained, r therwise cntrlled by the Department f Crrectin r the Department f Cmmunity Crrectin; (D) If the persn has cmpleted the required training and received a cncealed carry endrsement under (g) and the place is nt: (i) A curtrm r the lcatin f an administrative hearing cnducted by a state agency, except as permitted by (5) r (6); (ii) A public schl kindergarten thrugh grade twelve (K-12), a public prekindergarten, r a public daycare facility, except as permitted under subdivisin (a)(3)(c) f this sectin; (iii) A facility perated by the Department f Crrectin r the Department f Cmmunity Crrectin; r (iv) A psted firearm-sensitive area, as apprved by the Department f Arkansas State Plice under , lcated at: (a) The Arkansas State Hspital; (b) The University f Arkansas fr Medical Sciences; r (c) A cllegiate athletic event; r (E) If the persn has a license t carry a cncealed handgun under et seq., is a justice f the Supreme Curt r a judge n the Curt f Appeals, and is carrying a cncealed handgun in the Arkansas Justice Building. (4) As used in this sectin, "facility" means a municipally wned r maintained park, ftball field, baseball field, sccer field, r anther similar municipally wned r maintained recreatinal structure r prperty. (b) Hwever, a law enfrcement fficer, fficer f the curt, bailiff, r any ther persn authrized by the curt is permitted t pssess a handgun in the curtrm f any curt r a curthuse f this state. Arkansas Weapns Laws

16 16 (c) A persn vilating this sectin upn cnvictin is guilty f a Class C misdemeanr Tear gas -- Pepper spray. (a) (2) (1) Except as therwise prvided in this sectin, any persn wh knwingly carries r has in his r her pssessin any tear gas r pepper spray in any frm, r any persn wh knwingly carries r has in his r her pssessin any gun, bmb, grenade, cartridge, r ther weapn designed fr the discharge f tear gas r pepper spray, upn cnvictin is guilty f a Class A misdemeanr. (A) It is lawful fr a persn t pssess r carry, and use, a cntainer f tear gas r pepper spray t be used fr self-defense purpses nly. (B) Hwever, the capacity f the cntainer shall nt exceed ne hundred fifty cubic centimeters (150 cc). (b) The prvisins f this sectin d nt apply t any: (1) Law enfrcement fficer while engaged in the discharge f his r her fficial duties; r (2) Banking institutin desiring t have pssessin f tear gas r pepper spray in any frm fr the purpse f securing funds in its custdy frm theft r rbbery Interstate sale and purchase f shtguns, rifles, and ammunitin. (a) The sale f shtguns and rifles and ammunitin in this state t residents f ther states is authrized under regulatins issued by the United States Attrney General under the Gun Cntrl Act f 1968, 18 U.S.C. 921 et seq., as in effect n January 1, (b) A resident f this state may purchase a rifle, shtgun, r ammunitin in anther state as expressly authrized under the regulatins issued under the Gun Cntrl Act f 1968, 18 U.S.C. 921 et seq., as in effect n January 1, Bby traps. Arkansas Weapns Laws

17 17 (a) It is unlawful fr any persn t install r maintain a bby trap upn his r her wn prperty r any ther persn's prperty. (b) As used in this sectin, "bby trap" means a device designed t cause death r serius physical injury t a persn. (c) Any persn wh pleads guilty r nl cntendere r wh is fund guilty f vilating this sectin is guilty f a Class D felny Pssessin f laded center-fire weapns in certain areas. (a) It is unlawful t pssess a laded center-fire weapn, ther than a shtgun and ther than in a residence r business f the wner, in the fllwing areas: (1) Baxter Cunty: (A) That part bunded n the suth by Highway 178, n the west and nrth by Bull Shals Lake, and n the east by the Central Electric Pwer Crpratin transmissin line frm Hward Creek t Highway 178; (B) That part f Bidwell Pint lying suth f the east-west rad which crsses Highway 101 at the Presbyterian Church; (C) That part f Bidwell Pint lying west f Bennett's Bayu and nrth f the east-west rad which crsses Highway 101 at the Presbyterian Church; (D) That part f Baxter Cunty between: (i) Cunty Rad 139 and Lake Nrfrk t the nrth and west; (ii) Cunty Rad 151 and Lake Nrfrk t the nrth, west, and suth in the Diamnd Bay area; (iii) The Bluff Rad and Lake Nrfrk t the west; (iv) Jhn Lewis Rad (Timber Lake Manr) and Lake Nrfrk t the west and suth; (v) The suth end f Cunty Rad 91 suth f its intersectin with Jhn Lewis Rad and Lake Nrfrk t the suth and east; and (vi) Cunty Rad 150 frm its intersectin with Cunty Rad 93 suth and Lake Nrfrk t the suth and east but nt east f Cunty Rad 93; (2) Bentn Cunty: (A) That part f the Hbbs Estate nrth f State Highway 12, west f Ramb Rad, and suth and east f Van Hllw Creek and the Van Hllw Creek arm f Beaver Lake; (B) All f Bella Vista Village; and (C) That part bunded n the nrth by Beaver Lake, n the east by Beaver Lake, n the suth by the Hbbs State Management Area bundary frm the intersectin f State Highway 12 eastward alng the bundary t its intersectin with the Van Hllw Creek arm f Beaver Lake; Arkansas Weapns Laws

18 18 (3) Bentn and Carrll Cunties: That part bunded n the nrth by Highway 62, n the east by Highway 187 and Henry Hllw Creek, and the suth and west by Beaver Lake and the rad frm Beaver Dam nrth t Highway 62; (4) Cnway Cunty: That part lying abve the rimrck f Petit Jean Muntain; (5) Garland Cunty: All f Ht Springs Village and Diamndhead; (6) Marin Cunty: (A) That part knwn as Bull Shals Peninsula, bunded n the east and nrth by White River and Lake Bull Shals, n the west by the Jimmie Creek arm f Lake Bull Shals, and n the suth by the municipal bundaries f the City f Bull Shals; (B) That part f Marin Cunty bunded n the nrth, west, and suth by Bull Shals Lake and n the east by Cunty Rads 355 and 322 frm their intersectins with State Highway 202 t the pints where they respectively dead-end at arms f Bull Shals Lake; (C) The Ycum Bend Peninsula f Bull Shals Lake bunded n the nrth and east by Bull Shals Lake, n the west by Pine Muntain and Bull Shals Lake, and n the suth by Cunty Rad 30; and (D) Thse lands situated in Marin Cunty knwn as the Frst Pint Peninsula, nt inundated by the waters f Bull Shals Lake, being mre particularly described as fllws: (i) Sectin Six, Twnship Twenty Nrth, Range Fifteen West, (Sec T.20 N. -- R.15 W.), lying suth f the White River channel; (ii) Sectin One, Twnship Twenty Nrth, Range Sixteen West, (Sec T.20 N. -- R.16 W.); and (iii) East Half f Sectin Tw, Twnship Twenty Nrth, Range Sixteen West, (E 1/2 Sec T.20 N. -- R.16 W.); Nrth Half f the Nrtheast Quarter f Sectin Eleven, Twnship Twenty Nrth, Range Sixteen West (N 1/2 -- NE 1/4 Sec T.20 N. -- R.16 W.); and (7) A platted subdivisin lcated in an unincrprated area. (b) Nthing cntained in this sectin shall be cnstrued t limit r restrict r t make unlawful the discharge f a firearm in defense f a persn r prperty within the areas described in this sectin. (c) A persn wh is fund guilty r wh pleads guilty r nl cntendere t vilating this sectin is guilty f a vilatin and shall be fined n less than twenty-five dllars ($25.00) nr mre than five hundred dllars ($500). (d) This sectin des nt apply t a: (1) Law enfrcement fficer in the perfrmance f his r her duties; (2) Discharge f a center-fire weapn at a firing range maintained fr the discharging f a center-fire weapn; r (3) Persn pssessing a valid cncealed handgun license under et seq. Arkansas Weapns Laws

19 Offenses upn prperty f public schls. (a) (1) The curt shall prepare and transmit t the Department f Finance and Administratin an rder f denial f driving privileges fr a persn within twenty-fur (24) hurs after the plea r finding, if a persn wh is less than nineteen (19) years f age at the time f the cmmissin f the ffense: (A) Pleads guilty r nl cntendere t any criminal ffense under et seq. r the Unifrm Machine Gun Act, et seq., and the plea is accepted by the curt, r is fund guilty f any criminal ffense under et seq. r the Unifrm Machine Gun Act, et seq., if the state prves that the ffense was cmmitted upn the prperty f a public schl r in r upn any schl bus; r (B) Is fund by a juvenile divisin f circuit curt t have cmmitted an ffense described in subdivisin (a)(1)(a) f this sectin. (2) In a case f extreme and unusual hardship, the rder may prvide fr the issuance f a restricted driving permit t allw driving t and frm a place f emplyment r driving t and frm schl. (b) Upn receipt f an rder f denial f driving privileges under this sectin, the department shall suspend the mtr vehicle peratr's license f the persn fr nt less than twelve (12) mnths nr mre than thirty-six (36) mnths. (c) A penalty prescribed in this sectin is in additin t any ther penalty prescribed by law fr an ffense cvered by this sectin Furnishing a handgun r a prhibited weapn t a feln. (a) A persn cmmits the ffense f furnishing a handgun t a feln if he r she sells, barters, leases, gives, rents, r therwise furnishes a handgun t a persn wh he r she knws has been fund guilty f r pleaded guilty r nl cntendere t a felny. (b) A persn cmmits the ffense f furnishing a prhibited weapn t a feln if he r she sells, barters, leases, gives, rents, r therwise furnishes: (1) A sawed-ff shtgun r rifle; (2) A firearm that has been specially made r specially adapted fr silent discharge; (3) A machine gun; (4) A bmb; (5) Metal knuckles; (6) A defaced firearm, as defined in ; r Arkansas Weapns Laws

20 20 (7) Other implement fr the inflictin f serius physical injury r death that serves n cmmn lawful purpse, t a persn wh has been fund guilty f r wh has pleaded guilty r nl cntendere t a felny. (c) Furnishing a handgun r a prhibited weapn t a feln is a Class B felny Seizure and frfeiture f firearm -- Seizure and frfeiture f mtr vehicle -- Dispsitin f prperty seized. (a) If a persn under eighteen (18) years f age is unlawfully in pssessin f a firearm, the firearm shall be seized and, after an adjudicatin f delinquency r a cnvictin, is subject t frfeiture. (b) If a feln r a persn under eighteen (18) years f age is unlawfully in pssessin f a firearm in a mtr vehicle, the mtr vehicle is subject t seizure and, after an adjudicatin f delinquency r a cnvictin, subject t frfeiture. (c) As used in this sectin, "unlawfully in pssessin f a firearm" des nt include any act f pssessin f a firearm that is prhibited nly by: (1) Sectin , unlawful t pssess laded center-fire weapns in certain areas; r (2) A regulatin f the Arkansas State Game and Fish Cmmissin. (d) The prcedures fr frfeiture and dispsitin f the seized prperty are as fllws: (1) The prsecuting attrney f the judicial district within whse jurisdictin the prperty is seized that is sught t be frfeited shall prmptly prceed against the prperty by filing in the circuit curt a petitin fr an rder t shw cause why the circuit curt shuld nt rder frfeiture f the prperty; and (2) The petitin shall be verified and shall set frth: (A) A statement that the actin is brught pursuant t this sectin; (B) The law enfrcement agency bringing the actin; (C) A descriptin f the prperty sught t be frfeited; (D) A statement that n r abut a date certain there was an adjudicatin f delinquency r a cnvictin and a finding that the prperty seized is subject t frfeiture; (E) A statement detailing the facts in supprt f subdivisin (d)(1) f this sectin; and (F) A list f all persns knwn t the law enfrcement agency, after diligent search and inquiry, wh may claim an wnership interest in the prperty by title r registratin r by virtue f a lien allegedly perfected in the manner prescribed by law. Arkansas Weapns Laws

21 21 (e) (1) Upn receipt f a petitin cmplying with the requirements f subdivisin (d)(1) f this sectin, the circuit curt judge having jurisdictin shall issue an rder t shw cause setting frth a statement that this subchapter is the cntrlling law. (2) In additin, the rder shall set a date at least frty-ne (41) days frm the date f first publicatin f the rder pursuant t subsectin (f) f this sectin fr all persns claiming an interest in the prperty t file such pleadings as they desire as t why the circuit curt shuld nt rder the frfeiture f the prperty fr use, sale, r ther dispsitin by the law enfrcement agency seeking frfeiture f the prperty. (3) The circuit curt shall further rder that any persn wh des nt appear n that date is deemed t have defaulted and waived any claim t the subject prperty. (f) (1) The prsecuting attrney shall give ntice f the frfeiture prceedings by: (A) Causing a cpy f the rder t shw cause t be published tw (2) times each week fr tw (2) cnsecutive weeks in a newspaper having general circulatin in the cunty where the prperty is lcated with the last publicatin being nt less than five (5) days befre the shw cause hearing; and (B) Sending a cpy f the petitin and rder t shw cause by certified mail, return receipt requested, t each persn having wnership f r a security interest in the prperty r in the manner prvided in Rule 4 f the Arkansas Rules f Civil Prcedure if: (i) The prperty is f a type fr which title r registratin is required by law; (ii) The wner f the prperty is knwn in fact t the law enfrcement agency at the time f seizure; r (iii) The prperty is subject t a security interest perfected in accrdance with the Unifrm Cmmercial Cde, et seq. (2) The law enfrcement agency is nly bligated t make diligent search and inquiry as t the wner f the prperty, and if, after diligent search and inquiry, the law enfrcement agency is unable t ascertain the wner, the requirement f actual ntice by mail with respect t a persn having a perfected security interest in the prperty is nt applicable. (g) At the hearing n the matter, the petitiner has the burden t establish that the prperty is subject t frfeiture by a prepnderance f the evidence. (h) In determining whether r nt a mtr vehicle shuld be rdered frfeited, the circuit curt may take int cnsideratin the fllwing factrs: (1) Any prir criminal cnvictin r delinquency adjudicatin f the feln r juvenile; (2) Whether r nt the firearm was used in cnnectin with any ther criminal act; Arkansas Weapns Laws

22 22 (3) Whether r nt the mtr vehicle was used in cnnectin with any ther criminal act; (4) Whether r nt the juvenile r feln was the lawful wner f the mtr vehicle in questin; (5) If the juvenile r feln is nt the lawful wner f the mtr vehicle in questin, whether r nt the lawful wner knew f the unlawful act being cmmitted that gives rise t the frfeiture penalty; and (6) Any ther factr the circuit curt deems relevant. (i) The final rder f frfeiture by the circuit curt shall perfect in the law enfrcement agency right, title, and interest in and t the prperty and shall relate back t the date f the seizure. (j) Physical seizure f prperty is nt necessary in rder t allege in a petitin under this sectin that the prperty is frfeitable. (k) Upn filing the petitin, the prsecuting attrney fr the judicial district may als seek such prtective rders as are necessary t prevent the transfer, encumbrance, r ther dispsal f any prperty named in the petitin. (l) The law enfrcement agency t which the prperty is frfeited shall: (1) Destry any frfeited firearm; and (2) Either: (A) Sell the mtr vehicle in accrdance with subsectin (m) f this sectin; r (B) If the mtr vehicle is nt subject t a lien that has been preserved by the circuit curt, retain the mtr vehicle fr fficial use. (m) (1) If a law enfrcement agency desires t sell a frfeited mtr vehicle, the law enfrcement agency shall first cause ntice f the sale t be made by publicatin at least tw (2) times a week fr tw (2) cnsecutive weeks in a newspaper having general circulatin in the cunty and by sending a cpy f the ntice f the sale by certified mail, return receipt requested, t each persn having wnership f r a security interest in the prperty r in the manner prvided in Rule 4 f the Arkansas Rules f Civil Prcedure if: (A) The prperty is f a type fr which title r registratin is required by law; (B) The wner f the prperty is knwn in fact t the law enfrcement agency at the time f seizure; r (C) The prperty is subject t a security interest perfected in accrdance with the Unifrm Cmmercial Cde, et seq. (2) The ntice f the sale shall include the time, place, and cnditins f the sale and a descriptin f the prperty t be sld. (3) The prperty shall then be dispsed f at public auctin t the highest bidder fr cash withut appraisal. (n) The prceeds f any sale and any mneys frfeited shall be applied t the payment f: Arkansas Weapns Laws

23 23 (1) The balance due n any lien preserved by the circuit curt in the frfeiture prceedings; (2) The cst incurred by the seizing law enfrcement agency in cnnectin with the strage, maintenance, security, and frfeiture f the prperty; (3) The csts incurred by the prsecuting attrney r attrney fr the law enfrcement agency, apprved by the prsecuting attrney, t which the prperty is frfeited; and (4) Csts incurred by the circuit curt. () The remaining prceeds r mneys shall be depsited int a special cunty fund t be titled the "Juvenile Crime Preventin Fund", and the mneys in the fund shall be used slely fr making grants t cmmunity-based nnprfit rganizatins that wrk with juvenile crime preventin and rehabilitatin Pssessin r use f weapns by incarcerated persns. (a) A persn cmmits the ffense f pssessin r use f weapns by incarcerated persns if, withut apprval f custdial authrity he r she uses, pssesses, makes, repairs, sells, r therwise deals in any weapn, including, but nt limited t, any bmb, firearm, knife, r ther implement fr the inflictin f serius physical injury r death and that serves n cmmn lawful purpse, while incarcerated in the Department f Crrectin, the Department f Cmmunity Crrectin, r a cunty r municipal jail r detentin facility. (b) Pssessin r use f weapns by incarcerated persns is a Class D felny. (c) This sectin is nt applicable t pssessin f a weapn by an incarcerated persn befre he r she cmpletes the standard bking and search prcedures in a jail facility after arrest Sale, rental, r transfer f firearm t persn prhibited frm pssessing firearms. (a) A persn shall nt sell, rent, r transfer a firearm t any persn wh he r she knws is prhibited by state r federal law frm pssessing the firearm. (b) (1) Vilatin f this sectin is a Class A misdemeanr, unless the firearm is: (A) A handgun; (B) A sawed-ff r shrt-barrelled shtgun, as defined in ; Arkansas Weapns Laws

24 24 (C) A sawed-ff r shrt-barrelled rifle, as defined in ; (D) A firearm that has been specially made r specially adapted fr silent discharge; (E) A machine gun; (F) An explsive r incendiary device, as defined in ; (G) A defaced firearm, as defined in ; r (H) Other implement fr the inflictin f serius physical injury r death that serves n cmmn lawful purpse. (2) If the firearm is listed in subdivisin (b)(1) f this sectin, a vilatin f this sectin is a Class B felny Pssessin f a taser stun gun. (a) As used in this sectin, "taser stun gun" means any device that: (1) Is pwered by an electrical charging unit such as a battery; and (2) Either: (A) Emits an electrical charge in excess f twenty thusand (20,000) vlts; r (B) Is therwise capable f incapacitating a persn by an electrical charge. (b) (1) N persn wh is eighteen (18) years f age r under may purchase r pssess a taser stun gun. (2) N persn shall sell, barter, lease, give, rent, r therwise furnish a taser stun gun t a persn wh is eighteen (18) years f age r under. (c) Any law enfrcement fficer using a taser stun gun shall be prperly trained in the use f the taser stun gun and infrmed f any danger r risk f serius harm and injury that may be caused by the use f the taser stun gun n a persn. (d) (1) A persn wh vilates subdivisin (b)(1) f this sectin is deemed guilty f an unclassified misdemeanr punishable by a fine f nt less than five hundred dllars ($500) nr mre than ne thusand dllars ($1,000). (2) A persn wh vilates subdivisin (b)(2) f this sectin is deemed guilty f a Class B felny. Arkansas Weapns Laws