The Director of the Department of Arkansas State Police may waive up to four (4) hours of training required under this subsection for a licensee based on the licensee's prior training attended within ten (10) years of applying for the endorsement provided for under subsection (g)(2) of this section on appropriate topics. The provisions of this section do not apply to any: Peace officer while engaged in the discharge of his or her official duties; or. No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under. Upon the written request of the governing body of a suburban improvement district, a county may by ordinance regulate the discharge of firearms and the shooting of archery equipment within all or any part of the suburban improvement district. 859, 2, No. (a) A person may not discharge a firearm or an arrow from a bow on, over, or across an improved public highway at a big game animal. Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license to carry a concealed handgun lost, the licensee shall notify the Director of the Department of Arkansas State Police in writing of the change or loss. The final order of forfeiture by the circuit court shall perfect in the law enforcement agency right, title, and interest in and to the property and shall relate back to the date of the seizure. 921 et seq., as in effect on January 1, 2009. Expenditures from the emergency response fund shall be made by executive order of the Governor, upon recommendation and verification by the Director of the Division of Emergency Management, and may only be made to defray immediate costs associated with response activities by emergency forces of state and local governments and private nonprofit forces duly registered in accordance with 12-75-129. It is a first degree felony when firing the weapon results in "serious bodily injury," defined as an injury that creates permanent disfigurement, long-term loss of a body part or function, or major risk of death. 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. 419, 2; 2013, No. Firearm Discussion and Resources from AR-15, AK-47, Handguns and more! 1994, 299. "Discharging a firearm in town limits is illegal. However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General. HISTORY: Acts 1935, No. 1558, 3; Acts 2019, No. Definitions. As used in this section, "suburban improvement district" means a suburban improvement district which includes as one of its purposes for organization the construction or maintenance of roads or streets and which is governed by 14-92-201 et seq. Up to date information can be found at http://www.lexisnexis.com/hottopics/arcode/Default.asp. or larger caliber which have been or are susceptible of use in the machine gun are found in the immediate vicinity of the machine gun. If it is necessary to separate exempt from nonexempt information in order to permit a citizen to inspect, copy, or obtain copies of public records, the custodian shall bear the cost of the separation. As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school. Delaware As used in this section, "employee of a local detention facility" means a person who: Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include: Monitoring inmates in a local detention facility; and, Administering the daily operation of the local detention facility; and. This section does not authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition. The justification afforded by this section applies if the actor reasonably believes his or her conduct is required or authorized: By the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or tribunal or defect in the legal process; or. 1335, 1; 1999, No. HISTORY: Acts 1993, No. Executive orders, proclamations, and regulations have the force and effect of law. 1051, 3. Effective date. 790, 2; A.S.A. The amount of information deleted shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made. As used herein, "immediate" means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of said agency's assistance. A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in 5-73-308(a) or 5-73-309. The department shall maintain the confidentiality of the medical, criminal, or other records; and. Both Accidental Discharges and Negligent Discharges can happen but they mean completely different things. Typically, for most crimes, it must be done with a knowingly or intentionally state of mind. A public university, public college, or community college is immune from a claim for monetary damages arising from or related to a licensees use of, or failure to use, a concealed handgun if the licensee elects to possess a concealed handgun under this section. or 16-98-303(g). or its predecessor acts. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. 99-570, as amended, or its successor. A public display authorized by a public or private school. 63, 1; 1991, No. Nothing contained in this section shall be construed to limit or restrict or to make unlawful the discharge of a firearm in defense of a person or property within the areas described in this section. 411, 2; 1995, No. 2 Buying, selling, and owning firearms 2.1 Private sales 2.2 Prohibited persons 2.3 Minors and firearms 2.4 Title II firearms (NFA) 3 Carrying firearms in public 3.1 Restrictions on carrying handguns 3.2 Handgun carry reciprocity 3.3 Carry on private property 3.4 Prohibited places and authorized persons 3.5 Concealed carry on campus District of Columbia 148, 1; 1991, No. Furnishing a handgun or a prohibited weapon to a felon is a Class B felony. 495, 3; No. American Legal Publishing Corporation provides these documents for informational purposes only. You should consult with your doctor before undertaking any medical or nutritional course of action. HISTORY: Acts 1995, No. A misdemeanor conviction may result in up to a year in jail and/or fines. HISTORY: Acts 1975, No. The Director of the Department of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant: HISTORY: Acts 1995, No. An instructor authorized to conduct a training course required by this subchapter shall check the application of a student for completeness, accuracy, and legibility. Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer. Discharging firearm in public or on residential property . Sess. Description: Second Amendment; allowing certain detention or arrest. As allowed pursuant to chapter 4 of this title. 731, 1; 1993, No. The prosecutor offered to drop the dangerous allegation, thereby making him probation eligible. Sess. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense. In addition to any other powers conferred upon the Governor by law, the Governor may: Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency; Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency; Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management; Subject to any applicable requirements for compensation under 12-75-124, commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency; Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the Governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; Prescribe routes, modes of transportation, and destinations in connection with evacuation; Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and. "Retired law enforcement officer" means a person who retired as a certified law enforcement officer from a local or state law enforcement agency with at least ten (10) years of experience as a law enforcement officer. 1226, 2; 2006 (1st Ex. 385, 1; 1991, No. 61, 1. Track pending legislation, contact legislators, get email alerts about legislation you care about and much, much more. 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: HISTORY: Acts 1995, No. The decision of the director is subject to appeal under the Arkansas Administrative Procedure Act, 25-15-201 et seq. 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