545, 3; 2007, No. 411, 3; 1995, No. HISTORY: Acts 1975, No. Subdivision (b)(1) of this section does not apply to a person whose case was dismissed and expunged under 16-93-301 et seq. If a felon or a person under eighteen (18) years of age is unlawfully in possession of a firearm in a motor vehicle, the motor vehicle is subject to seizure and, after an adjudication of delinquency or a conviction, subject to forfeiture. Those lands situated in Marion County known as the Frost Point Peninsula, not inundated by the waters of Bull Shoals Lake, being more particularly described as follows: Section Six, Township Twenty North, Range Fifteen West, (Sec. 562, 2, 3, 4, 5, No. HISTORY: Acts 1995, No. The purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received. Expenditures from the catastrophic loss fund may only be made in the event of a federally declared disaster, as well as a disaster as defined in 12-75-103, and only upon a separate proclamation by the Governor that a disaster has occurred in which catastrophic losses have been suffered by individuals or public entities in the state, or both. This field is for validation purposes and should be left unchanged. No person is civilly liable for an action or omission intended to protect himself or herself or another from a personal injury during the commission of a felony unless the action or omission constitutes a felony. Subdivision (19)(A) of this section does not apply if the place is; A public university, public college, or community college, as defined in 5-73-322, and the licensee is carrying a concealed handgun as provided under 5-73-322; A publicly owned and maintained parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle; or, A parking lot of a private employer and the licensee is carrying a concealed handgun as provided under 5-73-324. 674, 1; 1995, No. Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal firearm into the passenger terminal if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft; However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. "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. As allowed pursuant to chapter 4 of this title. Subsections (c) and (d) of this section shall not apply to a person who renews his or her license under subdivision (f)(1) of this section. 1078, 1; 2015, No. . Any certified law enforcement officer or retired law enforcement officer carrying a concealed handgun under this section is not subject to the prohibitions and limitations of 5-73-306. 1223, 1; 1997, No. A retired law enforcement officer is exempt from the licensing requirements of this subchapter if the retired law enforcement officer is permitted to carry a concealed handgun under 12-15-202(b). This means your reasonableness presumption is pretty much gone in most major cities which have ordinances against discharging a firearm in city limits. The department shall maintain the confidentiality of the medical, criminal, or other records; and. A person discharging a firearm in the lawful defense of person or property; 2. A violation of subdivision (b)(1) of this section is a Class D felony. I don't see a statute that would prevent somebody convicted of a misdemeanor (other than domestic violence) from purchasing a firearm. 80, 12; Pope's Dig., 3525; A.S.A. 80, 3; Pope's Dig., 3516; A.S.A. Arkansas gun law does not require a state permit for the purpose of purchase or possession of a firearm. 790, 2; A.S.A. The Department of Arkansas State Police shall not promulgate any rule and shall amend any existing rule that would result in a licensee having his or her license to carry a concealed handgun suspended or revoked solely because he or she possessed a handgun and the possession was not in violation of any criminal offense or 5-73-306. Notice of the show cause proceedings may be given in the manner provided for service of criminal summons under Rule 6.3 of Arkansas Rules of Criminal Procedure. Mississippi 411, 1; 2015, No. Either the custodian, requester, or the subject of the records may immediately seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. 1352, 1; 2007, No. 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. A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using nondeadly physical force when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to carry out the law enforcement officer's direction. "Pregnant" means the female reproductive condition of having an unborn child in the female's body; and. 280, 504; A.S.A. If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place. 2 -- T.20 N. -- R.16 W.); North Half of the Northeast Quarter of Section Eleven, Township Twenty North, Range Sixteen West (N 1/2 -- NE 1/4 Sec. HISTORY: Acts 1994 (2nd Ex. Among those is, "Discharging firearms." But then all it says is a violation is, "Discharging a firearm within 300 feet of an occupied residential structure without the occupants express approval . Is otherwise capable of incapacitating a person by an electrical charge. The use of the deadly physical force for protection would not be allowed under 5-2-607(b). HISTORY: Acts 1975, No. Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge. Receive breaking news and original analysis - sent right to your inbox. A person who violates this section commits a Class B felony if: The person has a prior violent felony conviction; The person's current possession of a firearm involves the commission of another crime; or. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town. Sess. 606, 9; 2013, No. 1429, 1; 2009, No. Acting at the direction of a law enforcement officer. This Article II shall be referred to as the "Henderson County Ordinance Regulating the Discharge and Display of Firearms." 23-9. However, subdivision (2)(A) of this section does not apply to any: Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or. 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. A veteran may file a petition under this section no more than one (1) time every two (2) years. 1278, 4; 2007, No. 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. 51, 1; 2003, No. Posts: 4,811. There is created within the office of the Governor a disaster response fund, a disaster recovery fund, a catastrophic loss fund, and a hazard mitigation fund, which shall be separate and apart from the Governor's standard emergency fund. 294, 4; 2009, No. "Violent felony conviction" means a conviction for any felony offense against the person which is codified in 5-10-101 et seq., 5-11-101 et seq., 5-12-101 et seq., 5-13-201 et seq., 5-13-301 et seq., 5-14-101 et seq., and 5-14-201 et seq., or any other offense containing as an element of the offense one (1) of the following: The use or threatened use of serious physical force; The creation of a substantial risk of serious physical harm. A petition under this section shall request a judicial determination that the petitioner is mentally fit and that his or her past voluntary commitment to a mental institution or mental health treatment facility would currently not have a negative impact on the petitioner's ability to responsibly possess a license to carry a concealed handgun. 41, 1; 1994 (2nd Ex. We very recently represented a client for discharging a firearm in an apartment on accident, which resulted in the bullet going through the wall into the next apartment. A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes: A defaced firearm, as described in 5-73-107; or. HISTORY: Acts 1995, No. Physical seizure of property is not necessary in order to allege in a petition under this section that the property is forfeitable. It is not specific medical advice for any individual. A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club 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 attempt to unlawfully employ the handgun, knife, or club as a weapon against a person. ), No. North Dakota 895, 1; 1997, No. This can be accomplished by closing your eyes in a crowded elevator and throwing punches. The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means. 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. 411, 2; 1995, No. or 16-98-303(g). The proceeds of any sale and any moneys forfeited shall be applied to the payment of: The balance due on any lien preserved by the circuit court in the forfeiture proceedings; The cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property; The costs incurred by the prosecuting attorney or attorney for the law enforcement agency, approved by the prosecuting attorney, to which the property is forfeited; and. Both Accidental Discharges and Negligent Discharges can happen but they mean completely different things. 415, 3; 2013, No. An application for licensure and fees pursuant to 5-73-308(a), 5-73-309, and 5-73-311(a) shall be submitted, and a new background investigation shall be conducted. Expenditures from the hazard mitigation fund shall be made by executive order of the Governor. Minnesota 419, 2; 1997, No. 20-2-58. A posted firearm-sensitive area, as approved by the Department of Arkansas State Police under 5-73-325, located at: The University of Arkansas for Medical Sciences; or. As used in this section, "facility" means a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property. Authority and Jurisdiction. American Legal Publishing Corporation provides these documents for informational purposes only. 280, 3109; A.S.A., 1947, 41-3109; Acts 1994 (2nd Ex. A digital photograph of the applicant or a release authorization to obtain a digital photograph of the applicant from another source. Rhode Island 664, 2; 2009, No. As required by an animal control officer in the performance of duties as specified in section 9-499.04. 1014, 1, 3. The circuit court shall grant the petition if the circuit court finds by a preponderance of the evidence the following: The petitioner is not likely to act in a manner that is dangerous to public safety; and. A person commits the offense of defacing a firearm if he or she knowingly removes, defaces, mars, covers, alters, or destroys the manufacturer's serial number or identification mark of a firearm. 629, 2; A.S.A. Otherwise, criminal use of prohibited weapons is a Class D felony. (2) Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony. A person who violates subdivision (b)(2) of this section is deemed guilty of a Class B felony. Vote Now, Do You Support President Obamas Plans for Stricter Gun Control? 5-73-127 - Possession of loaded center-fire weapons in certain areas 5-73-128 - Offenses upon property of public schools 5-73-129 - (2019) Furnishing a handgun or a prohibited weapon to a felon 5-73-130 - (2019) Seizure and forfeiture of firearm -- Seizure and forfeiture of motor vehicle -- Disposition of property seized The remaining proceeds or moneys shall be deposited into a special county fund to be titled the "Juvenile Crime Prevention Fund", and the moneys in the fund shall be used solely for making grants to community-based nonprofit organizations that work with juvenile crime prevention and rehabilitation. 549, 1, 2; A.S.A. A statement of whether or not the applicant has been found guilty of a crime of violence or domestic abuse. As used in this section, public university, public college, or community college" means an institution that: Regularly receives budgetary support from the state government; Is part of the University of Arkansas or Arkansas State University systems; or. HISTORY: Acts 1981, No. 1044, 1; 1995, No. Has renounced his or her United States citizenship. The custodian shall provide an itemized breakdown of charges under subdivision (d)(3)(A) of this section. Employees shall, within twenty-four (24) hours of obtaining knowledge of a theft occurring on a private employer's private parking lot, report a handgun as lost or stolen to the private employer and a local law enforcement agency with jurisdiction. Otherwise the department shall approve or disapprove a security plan within ten (10) business days. However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is: An explosive or incendiary device, as defined in 5-71-301; A defaced firearm, as described in 5-73-107; or. 696, 1; 1997, No. (Acts 1919, No. When the circuit court issues an order granting a petition under this section, as soon as practicable but no later than thirty (30) days after issuance of the order, the circuit clerk shall forward a copy of the order to the Department of Arkansas State Police. All answers to reader questions are provided for informational purposes only. 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. Luckily our skilled criminal defense attorneys in Phoenix were able to negotiate with the prosecutor in this case. 664, 7; 2007, No. Any computer hardware or software acquired by an entity subject to 25-19-103(5)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form. A publicly owned and maintained parking lot that is a publicly accessible parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in the publicly owned and maintained parking lot; Any part of a detention facility, prison, jail, An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise, including without limitation a parking lot owned, maintained, or otherwise controlled by: A residential treatment facility owned or operated by the Division of Youth Services of the Department of Human Services; Any courthouse, courthouse annex or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county officeunless: Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. ; and. Furnishing a deadly weapon to a minor is a Class A misdemeanor. 419, 2. District of Columbia 80, 1; Pope's Dig., 3514; A.S.A. This is serious. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. In addition to the requirement of subdivision (19)(B)(i) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance. Allows the person to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school. 226, 2; 2015, No. HISTORY: Acts 1935, No. The disaster recovery fund shall be in the amount of five million dollars ($5,000,000), with: The sum of two million dollars ($2,000,000) from the disaster recovery fund solely for use in individual assistance; and. Property seized pursuant to subsection (a) of this section may be: Returned to the parent, guardian, or other person entrusted with care and supervision of the person so disarmed; or. Fortunately, no one was hit. A digital photograph of the person or a release authorization to obtain a digital photograph of the person from another source. The Code Enforcement office is located inside the Community Development Department at the City Municipal Complex located at 114 S. East Street. Newer Than: Search this thread only; Search this forum only. 49, 1; 1989 (3rd Ex. Misdemeanor Penalties As used in this section, "unlawfully in possession of a firearm" does not include any act of possession of a firearm that is prohibited only by: Section 5-73-127, unlawful to possess loaded center-fire weapons in certain areas; or. Proposed Federal Firearm Gun Legislation: http://www.lexisnexis.com/hottopics/arcode/Default.asp. 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