From: mvogel@abacus.mwsu.edu (Vogel Michael R.) Subject: Re: arkansas carry law To: chan@shell.portal.com (Jeff Chan) Date: Thu, 16 Mar 1995 01:35:56 +7516517 (CST) > Mike, > Yes, please send me the AR CCW legislation & I'll put it up in > my archive if you can tell me the exact source. > > Jeff C. > Jeff, Here's the message in its entirity, with the address of the sender: Mike V.... mvogel@abacus.mwsu.edu ==================================================================== Date: Tue, 14 Mar 1995 15:41:14 -0600 (CST) From: MARK E FORD To: gun control list Subject: Arkansas ccw law text, here it is. okay, folks. It took a little while, but after the requests, here it is. Enjoy. Mark ---------------------------------------------------------- --------------------------------------------------------- State of Arkansas 80th General Assembly Regular Session, 1995 By Senators Walters, Scott, Bell, Hopkins, and Hunter Act 419 1995 A Bill For An Act To Be Entitled "TO AUTHORIZE THE ARKANSAS STATE POLICE TO ISSUE LICENSES TO QUALIFIED APPLICANTS TO CARRY CONCEALED HANDGUNS; AND FOR OTHER PURPOSES." Subtitle "TO AUTHORIZE THE ARKANSAS STATE POLICE TO ISSUE LICENSES TO QUALIFIED APPLICANTS TO CARRY CONCEALED HANDGUNS." BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. As used in this act: (a) "Director" means the director of the Arkansas State Police. (b) "handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one hand. (c) "Concealed" means to cover from observation so as to prevent public view. SECTION 2. (a) (1) The dirctor is authorized to issue licenses to carry concealed hadguns to persons qualified as provided in this section. Such licenses shall be valid throughout the state for a period of four (4) years from the date of issuance. Any person possesing a valid license issued pursuant to this section may carry a concealed handgun. (2) The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a concealed handgun and must display both the license and proper identification upon demand by a law enforcement officer. (b) The director shall issue a license if the applicant: (1) Is a resident of the state and has been a resident continuously for twelve (12) months or longer immediately preceeding the filing of the application (provided this shall not apply to any retired city, county, state, or federal law enforcement officer); (2) Is twenty-one (21) years of age or older; (3) Does not suffer from a mental or physical infirmity which prevents the safe handling of a handgun and has not threatened or attempted suicide; (4) Is not ineligible to posses a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or the United States without having been pardoned for same and had firearms possesion rights restored; (5) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically or habitually uses controlled substances to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Act or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceeding the date on which the application is submitted; (6) Does not chronically or habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed to as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceeding the date on which the application is submitted; (7) Desires a legal means to carry a concealed handgun to defend himself; (8) Has not been adjudicated mentally incompetent; (9) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility; (10) Is not a fugitive from justice; (11) Has satisfactorily completed a training course as prescribed and approved by the director; and (12) That the applicant sign a statement of allegiance to the United States Constitution, the Arkansas Constitution, and all federal and state courts. (c) The director may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor, or may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceeding three (3) years. The director shall, upon notification by any law enforcement agency or a court and subsequent written verification, 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 which would disqualify such person from having a license under this section until final disposition of the case. (d) The application shall be completed, under oath, on a form promulgated by the director and shall include only: (1) The name, address, place and date of birth, race, sex and occupation of the applicant; (2) The driver's license number or Social Security number of applicant; (3) Any previous address of the applicant for the two (2) years preceeding the date of the application; (4) A statement that the applicant is in compliance with criteria contained within subsections (b) and (c); (5) A statement that the applicant has been furnished a copy of this act and is acquainted with the truth and understanding of this act; (6) A conspicuous warning that the application is executed under oath and that a knowingly false answer by the applicant, subjects the applicant to criminal prosecution and precludes any future license being issued to the applicant and immediate revocation if the license has already been issued; (7) Astatement that the applicant desires a legal means to carry a concealed handgun to defend himself; and (8) A description and the serial number of any handgun the applicant may desire to carry. Any applicant may list up to three (3) handguns that the applicant may shoose to carry, but the applicant must establish proficiency in the use of each of the handguns as required in the training course as prescribed herein. In the event a license is issued pursuant to this act, the serial number of the listed handguns shall be printed only on the license. All other records of the serial numbers shall thereafter be expunged. Should a license be denied, all records of the serial number shall be expunged. All records of serial numbers of listed handguns shall be destroyed when the license expires. (e) The applicant shall submit the following to the Arkansas State Police: (1) A completed application as described in subsection (d); (2) A full-face photograph of the applicant; (3) A non-refundable license fee of one hundred dollars ($100) or such other amount as prescribed by the director under the Administrative Procedures Act. Costs for processing the set of fingerprints shall be borne by the applicant; (4) A full set of fingerprints of the applicant administered by the Arkansas State Police; and (5) A waiver authorizing the Arkansas State Police access to any medical records concerning the applicant and permitting access to all of the applicant's criminal records, provided, however, that the State Police shall maintain the confidentiality of the medical records. (f) (1) The Arkansas State Police, upon receipt of the items listed in subsection (e) shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. (2) The Arkansas State Police shall forward a copy of the applicant's application to the sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence. The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may, at his discretion, participate in the process by submitting a voluntary report to the Arkansas State Police containing any readily discoverable information that he feels may be pertinent to the licensing of any applicant. The reporting shall be made within thirty (30) days after the date he receives the copy of the application. The director may deny a license if the sheriff or chief of police, if applicable, of the applicant's place of residence submits an affidavit that the applicant has or is reasonalbly likey to be a danger to himself or herself or others or to the community at large as a result of the applicant's mental or phsychological state as demonstrated by past patterns of behavior or participation in an incidence 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. (3) The director shall, within one hundred twenty (120) days after the date of receipt of the items listed in subsection (e): (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 act. (4) If the director denies the application, it shall notify the applicant in writing, stating the frounds for denial. The decision of the director shall be final. (5) In the event a legible set of fingerprints, as determined by the Arkansas State Police and the Federal Bureau of Investigation, cannot be obtained after a minimum of three (3) attempts, the director shall determine eligibility based upon a name check by the Arkansas State Police and the Federal Bureau of Investigation at the request of the director. (g) The Arkansas State Police shall maintain an automated listing of license holders and such information shall be available on-line, upon request, at all times, to all law enforcement agencies through the Arkansas Crime Information Center. However, the records of the department relating to applications for licenses to carry concealed handguns and records relating to license holders shall be exempt from the provisions of the Freedom of Information Act for a period of forty-five(45) days from the date of the issuance of the license or the final denial of an application. (h) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license or handgun lost or disposed of, the licensee shall notify the director in writing of such change or loss or disposition. (i) In the event that a concealed handgun license is lost or destroyed, the person to whom the license was issued shall comply with the provisions of subsection (h) of this section and may obtain a duplicate, or substitute thereof, upon payment to the Arkansas State Police of a fee established by the director under the Administrative Procedure Act, and furnishing a notarized statement to the Arkansas State Police that such handgun or license has been lost or disposed of. (j) A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (b) or (c). Any law enforcement officer making an arrest of a licensee for a violation of this act or any other statutory violation which requires revocation of this permit, shall confiscate the permit and forward it to the director of the Arkansas State Police, and the permit shall be held until determination of the charges are finalized, with the appropriate disposition of the license thereafter. (k) No less than ninety (90) days prior to the expiration date of the license, the Arkansas State Police shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the Arkansas State Police. The licensee must renew his license on or before the expiration date by filing with the Arkansas State Police the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (b) and (c), and a renewal fee established by the director under the Administrative Procedure Act. The license shall be renewed upon receipt of the completed renewal application and appropriate payment of fees. Additionally, a licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of fifteen dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsections (b), (c), and (e) must be submitted, and a new background investigation shall be conducted. (l) No license issued pursuant to this section shall authorize any person to carry a concealed handgun into any police, sheriff or Arkansas State Police station; any Arkansas Highway Police facility; any buildings of the Arkansas State Highway and Transportation Department, or onto any parking lots or grounds adjacent to such buildings; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the legislature or a committee thereof; any building wherein a state office is located; any public park unless for the purpose of participating in any authorized forearms-related activity; any athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises; any portion of an establishment in which beer or light wine is consumed on the premises; any school, college, community college, or university campus or event unless for the purpose of participating in an authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this section, the carrying of a concealed handgun may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the 'carrying of a handgun is prohibited.' Provided no sign shall be required for private homes and any licensee entering a private home shall notify the occupants that he is carrying a concealed handgun. No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed handgun. (m) Certified law enforcement officers, chiefs of police, and sheriffs shall be exempt from the licensing requirements of this section, if otherwise authorized to carry a concealed handgun. (n) Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this act, or who knowingly submits a false document when applying for a license issued pursuant to this section, shall, upon conviction, be guilty of a Class B misdemeanor. (o) All fees collected by the Arkansas State Police pursuant to this section shall be deposited into the Department of Arkansas State Police Fund. (p) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any firearm except as required by subsection (d) (8). SECTION 3. Neither the state, the county, the city, or any employee of the state, county, or city shall be liable for any civil damages resulting from the issuance of a license pursuant to the provisions of this act. SECTION 4. When the Arkansas State Police receives notification from any law enforcement agency or court that a licensee has been found guilty or has plead guilty or nolo contendere to any crime involving the use of a weapon, the license issued under this act shall be immediately revoked. SECTION 5. The director shall revoke the license of any licensee he determines has consumed alcoholic beverages while carrying a handgun. It shall be conclusive evidence of such consuption if an open container of alcoholic beverages is in the possession of the licensee or is in the vehicle in which the licensee is an occupant. SECTION 6. All provisions of this act of a general and permanent nature are amendatory to the the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code. SECTION 7. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. SECTION 8. The director is authorized to promulgate rules and regulations to permit the efficient administration of this act. /s/Walters et al [ signature of Governor Jim Guy Tucker, 2/23/95 ] ----------------------------------------------------------------------- ---------------------------------------------------------------------- Note: 1) This is NOT a show need type of law. You only have to show desire to defend yourself with a concealed handgun, and that you are lawfully able to possess a handgun. 2) requirements are basically: A) State residency B) show lawful right to own a gun C) quick background check D) EDUCATION IN SAFE OPERATION OF THE FIREARM E) Carry the gun responsibly That's about it! not bad for a state that produced the likes of herr Klinton, eeHH??? --Mark ======================================================================= p.s. texas is also heading toward a carry law in its Senate Bill 60 which is to be heard or voted on this week. i was looking at a paper in oklahoma this week and also saw a story about legislation there that is before their house that would copy the florida ccw law. looks like more reasonable times for both these states. Mike V.... mvogel@abacus.mwsu.edu