Arkansas Title 5. The outcome for our client was an offer of class 6 open felony, which means after our client successfully completes probation, it will be moved to a misdemeanor. If the actor is reckless or negligent in bringing about the situation requiring a choice of evils or in appraising the necessity for his or her conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish a culpable mental state. HISTORY: Acts 1975, No. Subject to constitutional limitation, nothing in this section and 5-73-101 -- 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible, when that person is in possession of a deadly weapon. The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis or is traveling to or from a lawful marksmanship competition or practice or other lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis. As required by an animal control officer in the performance of duties as specified in section 9-499.04. Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the custodian of the records. (a) (1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person. 1038, 1; No. The person is in possessionof a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law. 329, 1, 2; A.S.A. 1558, 3; Acts 2019, No. 99.9% of the time you hear someone referring to an accidental discharge it is actually a negligent discharge. 235, 2; 2013, No. Except as provided in 5-73-322, 5-73-306 and 16-21-147, and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state, or any city or county, or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. 1947, 41-3102. 1947, 41-501. A license to carry a concealed handgun issued under this subchapter shall not be denied, suspended, or revoked because a person was lawfully exercising his or her rights to carry a firearm under the United States Constitution, Amendment 2, the Arkansas Constitution, Article 2, 5, or the Arkansas Code. Expenditures from the individual assistance and public assistance funds may only be made in the event of a disaster as defined in 12-75-103 and only upon proclamation by the Governor. 525, 1. 5. Get the information . That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device. It is permissible to carry a weapon under this section that if at the time of the act of carrying the weapon: The person is in his or her own dwelling, place of business, or on property in which he or she has a possessory or proprietary interest; The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon; The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun; If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer: The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under 5-73-301 et seq. "Certification" means the participation and assent of the chief law enforcement officer or his or her designee necessary under federal law for the approval of an application to transfer or manufacture a firearm; and. 1251, 1; 1999, No. Warrant to search any house or place and seize any machine gun adapted to use pistol cartridges of 30 (.30 in. The physical force involved is the product of a combat by agreement not authorized by law. Michigan 636 1, 1994), Skip to code content (skip section selection), ORDINANCES PENDING REVIEW FOR CODIFICATION, TITLE 5 BUSINESS LICENSES AND REGULATIONS, TITLE 12 STREETS, SIDEWALKS AND PUBLIC PLACES. Arkansas gun law defines a machine gun as a weapon that can discharge five shots automatically or semi-automatically by a single action on the triggering mechanism. The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm. 42, 1; Acts 2019, No. ), No. If the applicant is prohibited by law from receiving or manufacturing the firearm or is the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the chief law enforcement officer or his or her designee shall provide written notification to the applicant that states the reasons for his or her findings and that the certification is denied. "Auxiliary law enforcement officer" means a person certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff or chief of police of a municipality where he or she is acting as an auxiliary law enforcement officer if the auxiliary law enforcement officer has completed the minimum training requirements and is certified as an auxiliary law enforcement officer in accordance with the commission; and. All answers to reader questions are provided for informational purposes only. Subtitle 2 - Handguns . ), No. (See, e.g., these statutes .) No person shall fire or discharge, or cause to be fired or discharged within the limits of the city any cannon, anvil, gun, pistol or other firearm, except as hereinafter provided. The prosecuting attorney shall give notice of the forfeiture proceedings by: Causing a copy of the order to show cause to be published two (2) times each week for two (2) consecutive weeks in a newspaper having general circulation in the county where the property is located with the last publication being not less than five (5) days before the show cause hearing; and. Has completed the minimum training requirements for his or her position. However, subdivision (3)(A) of this section does not apply to; A rest area or weigh station of the Arkansas State Highway and Transportation Department; or. Given the nature of the charge and the usual involvement of a firearm, the District Attorney's office is typically less inclined to dismiss the charges. 828, 1. The license shall be renewed upon receipt of the completed renewal application, a digital photograph of the licensee, and appropriate payment of fees subject to a background investigation conducted pursuant to this subchapter that did not reveal any disqualifying offense or unresolved arrest that would disqualify a licensee under this subchapter. 998, 2; 2009, No. HISTORY: Acts 1981, No. 25-6. It's not illegal to hunt within the city limits, but it is usually illegal to discharge a firearm within the city limits. The circuit court shall further order that any person who does not appear on that date is deemed to have defaulted and waived any claim to the subject property. 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; Was discharged or released from active duty in the United States Armed Forces because of a service-connected disability; or. It is a defense to prosecution under this section if the person is: A lawenforcement officer acting in his or her official capacity; or. 1166, 1; 1993, No. All information presented on our websites should not be construed as medical consultation or instruction. Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun. ), No. Records of the number of undercover officers and agency lists are not exempt from this chapter; Records containing measures, procedures, instructions, or related data used to cause a computer or a computer system or network, including telecommunication networks or applications thereon, to perform security functions, including, but not limited to, passwords, personal identification numbers, transaction authorization mechanisms, and other means of preventing access to computers, computer systems or networks, or any data residing therein; Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy; Personal contact information, including without limitation home or mobile telephone numbers, personal email addresses, and home addresses of nonelected state employees, nonelected municipal employees, nonelected school employees, and nonelected county employees contained in employer records, except that the custodian of the records shall verify an employee's city or county of residence or address on record upon request; Materials, information, examinations, and answers to examinations utilized by boards and commissions for purposes of testing applicants for licensure by state boards or commissions; Military service discharge records or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder as provided under 14-2-102, for veterans discharged from service less than seventy (70) years from the current date; Vulnerability assessments submitted by a public water system on or before June 30, 2004, to the Administrator of the United States Environmental Protection Agency for a period of ten (10) years from the date of submission; Records, including analyses, investigations, studies, reports, or recommendations, containing information relating to any Department of Human Services risk or security assessment, known or suspected security vulnerability, or safeguard related to compliance with the Health Insurance Portability and Accountability Act of 1996 or protection of other confidential department information. Round here it is the fact that you discharged it, not what you discharged it with. Has obtained authorization from the chief of police of the law enforcement agency or county sheriff and the authorization is: In the possession of the employee of a local detention facility; and. It is permissible to carry a handgun under this section if at the time of the act of possessing a handgun or firearm: The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning; The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties; The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces; The person is a registered commissioned security guard acting in the course and scope of his or her duties; The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun or firearm; The person is a certified law enforcement officer, either on-duty or off-duty. 545, 2; 2005, No. Delivered to the custody of a court having jurisdiction to try criminal offenses, in which case the court shall: Treat the property as contraband under 5-5-101 and 5-5-102; or. 4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, . 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