An entity shall submit a security plan to the department under this section annually or no later than five (5) days before a scheduled collegiate athletic event. Costs for processing a new background check shall be paid by the applicant. A person violating this section upon conviction is guilty of a Class C misdemeanor. A licensee who has completed the training required under subsection (g) of this section may possess a concealed handgun in the buildings and on the grounds of a public university, public college, or community college, whether owned or leased by the public university, public college, or community college, unless otherwise prohibited by this section or 5-73-306. "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap; "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 (1) hand; and, "Journey" means travel beyond the county in which a person lives; and. 748, 2; Act 2015, No. It shall be prima facie evidence of recklessly discharging a firearm if the bullet, pellet or shot from such firearm: (a) hits a structure or The applicant's offense was dismissed and sealed or expunged under 16-93-301 et seq. 631, 2; 2009, No. The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records. /Type /Font In addition, it shall be unlawful to discharge any firearm within 100 yards of the boardwalk or nature trail on Ragged Island Wildlife Management Area. However, possession of a defaced firearm is a Class A misdemeanor if the manufacturer's serial number or other identification mark required by law is merely covered or obstructed, but still retrievable. ), No. A person commits the offense of possession of stolen explosive material if he or she: Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and. 1947, 41-3107; Acts 1995, No. Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops are serving, or any specified portion thereof, to be in a state of insurrection or emergency. Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Department of Arkansas State Police. Law, Intellectual 652, 2; A.S.A. 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. If the firearm is listed in subdivision (b)(1) of this section, a violation of this section is a Class B felony. 280, 3103; 1977, No. The person has been previously convicted under this section or a similar provision from another jurisdiction. Sec. 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. An employee of a local detention facility is exempt from the licensing requirements of this subchapter if the employee of a local detention facility is authorized in writing as exempt from the licensing requirements of this subchapter by the chief of police or county sheriff that employs the employee of a local detention facility. Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest. Unlawful discharge of a firearm from a vehicle - last updated January 01, 2020 WebArkansas Code 5-73-101. When the permitted premises is a retail liquor store that sells alcoholic beverages for off-premises consumption, an employee of the retail liquor store that is licensed to carry a concealed handgun by the state may possess a handgun on the permitted premises if the possession of the handgun is permitted under state law. 159, 1, 2; A.S.A. IV - States' Relations If the person to whom the request is directed is not the custodian of the records, the person shall so notify the requester and identify the custodian, if known to or readily ascertainable by the person. Up to date information can be found at http://www.lexisnexis.com/hottopics/arcode/Default.asp. /CapHeight 0 Sess. 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. 275, 2; 2003, No. US Tax Court A violation of subdivision (c)(1) of this section is a Class D felony. As a member of a reserve component of the United States Armed Forces under an order to active duty, not to include training, was discharged or released from duty with other than a dishonorable discharge. Possessing an instrument of crime is a Class A misdemeanor. 419, 2; 1997, No. 910, 682. 368, 1; 1997, No. 1390, 1; 2015, No. HISTORY: Acts 1973, 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. /Type /Font Common exceptions include firing the weapon in a gun range or shooting gallery, firing blank ammunition during an athletic contest, firing a weapon in self defense, or firing while on hunting grounds with a hunting permit. Detectives from the Metropolitan Police Department's Third District seek the publics assistance in identifying and locating a vehicle in reference to an Unlawful Discharge of a Firearm offense that occurred on Thursday, April 27, 2023, in the 2000 block of 14 th Street, Northwest.. At approximately 1:42 am, the suspect discharged a firearm at 1078, 1; 2015, No. WebPenal Code Section 26100 is considered a wobbler crime. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. 280, 513; A.S.A. A person whose license has been permanently expired may reapply for licensure. 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. << Upon approval of a security plan, an entity shall post a notification at all firearm-sensitive areas that possession of a concealed handgun is prohibited. Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation; Unlawful receipt or possession of explosive material is a Class C felony. A digital photograph of the licensee or a release authorization to obtain a digital photograph of the licensee from another source. The department shall maintain the confidentiality of the medical, criminal, or other records; and. /BaseFont /Arial-BoldMT (B) This is a new and independent ground for forfeiture. A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if: Use of deadly physical force is authorized by 5-2-607; or. For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the state for a period of five (5) years from the date of issuance. Permitted to carry a concealed handgun openly or in any other manner in which the concealed handgun is visible to ordinary observation. /Subtype /TrueType 873, 1; 1997, No. 1947, 41-514. Nevada Copyright 2023, Thomson Reuters. However, subdivision (14)(A) of this section does not apply to; Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and, Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under 5-73-119(e);or. (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. 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. Carrying a concealed handgun in a prohibited place listed under 5-73-306(7)-(12), (14), (15), and (17), unless otherwise prohibited under 5-73-306(19) or 5-73-306(20). Notice of decision to applicant. Kansas Such emergency ordinance shall not be effective for a period of more than twenty (20) days and shall be enacted by a two-thirds (2/3) majority of the governing body. 664, 5; 2019, No. West Virginia To learn how to use our service and get the most out of our site please click here, Title: Criminal Justice Coordinating Council Information Sharing Emergency Declaration Resolution of 2023, Description: Criminal Justice Coordinating Council Information Sharing Emergency Declaration Resolution of 2023, Proposed Federal Firearm Gun Legislation: 1230, terms | privacy notice | business log in | business terms of service. Michigan (B)Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture. 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. will depend upon local state laws and the degree of injury and/or damage caused by the accidental discharge. As used in this section, "body armor" means any material designed to be worn on the body and to provide bullet penetration resistance. A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety: However, a person is not required to retreat if the person is: In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or, A law enforcement officer or a person assisting at the direction of a law enforcement officer; or. Login. /StemV 0 933, 2, No. 1090, 1. Florida 957, 1. endobj 411, 1; 1995, No. It is a defense to prosecution under this section if the person is: A lawenforcement officer acting in his or her official capacity; or. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? A firearms instructor who certifies or recertifies that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms under subdivision (c)(1)(A) of this section shall complete and submit any required paperwork to the commission. 1259, 1; 2017, No. /Descent 216 If the person has completed the required training and received a concealed carry endorsement under 5-73-322(g) and the place is not a: A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by 5-73-306(5) or 5-73-306(6); A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section; or, A facility operated by the Division of Correction or the Division of Community Correction; or. 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. Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Department of Arkansas State Police and the Federal Bureau of Investigation's National Instant Check System; Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired. If the person has a license to carry a concealed handgun under 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building. A veteran who voluntarily seeks and completes mental health treatment in a mental health institution or mental health treatment facility may obtain a license to carry a concealed handgun under this subchapter by filing a petition in the circuit court where the veteran resides. "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.
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