Arkansas Gun Laws: Concealed Carry, Open Carry and Buying a Gun

Unsettled for concealed carry. Since Act 746 of 2013, the crime of 'carrying a weapon' (Class A misdemeanor) requires possessing a handgun on the person, in an occupied vehicle, or readily available 'with a purpose to attempt to unlawfully employ' it as a weapon against a person. The Attorney General (Op. 2015-064) concluded that merely possessing a handgun is not that crime and that Arkansas allows open carry without a license. On concealed carry, the Attorney General (Op. 2018-002) wrote that 'it is not entirely clear whether it is lawful to carry a concealed handgun without a concealed-carry license,' because courts might presume unlawful intent from unlicensed concealed carry, and asked the Legislature to clarify. The statute lists situations where carrying is 'permissible,' including at home, in one's own vehicle or business, 'upon a journey,' and with a concealed carry license outside prohibited places. Persons under 18 may not possess a handgun except as allowed by § 5-73-119.

License to carry a concealed handgun, issued by the Director of the Division of Arkansas State Police, who 'shall issue' a license if the applicant meets the statutory conditions. Applicant must be a U.S. citizen or permanent legal resident; an Arkansas resident continuously for 90 days or longer (active-duty members and spouses exempt); at least 21, or 18 if currently serving in the U.S. Armed Forces, National Guard or a reserve component, or honorably discharged; pass state and FBI NICS checks; not be disqualified by felony convictions, mental-health adjudications or commitments, or substance or alcohol abuse; and have 'satisfactorily completed a training course as prescribed and approved by the director.' Fee: a nonrefundable license fee of $50.00; $25.00 if 65 or older; no license fee for U.S. Armed Forces veterans or current members (background-check fees are separate).

The Attorney General concluded that Arkansas law allows open carry without a license: merely possessing a handgun is not the crime of carrying a weapon unless the person has a purpose to attempt to unlawfully employ it as a weapon against a person. AG opinions are not binding law.

No person in Arkansas under 18 may possess a handgun (Class A misdemeanor; Class D felony for some repeat or prior-felony cases). Exceptions include being in one's own dwelling, place of business or property; lawful hunting or travel to or from hunting; approved firearm safety courses or school-approved activities; and marksmanship competition, practice or recreational shooting supervised by a parent, guardian or an adult 21 or older in loco parentis. No separate state minimum age for buying long guns was found in the sections read.

Carrying a handgun is 'permissible' (not the crime of carrying a weapon) when the person is in his or her own automobile, and when the person is 'upon a journey' (except at airport security checkpoints and for checked baggage). The Attorney General notes that 'it is generally permissible to conceal a handgun in one's car while upon a journey without a concealed-carry license.' Concealed carry license holders may carry in a vehicle outside prohibited places.

Arkansas honors other states' licenses: 'A person in possession of a valid license to carry a concealed handgun issued to the person by another state' has the rights and obligations of an Arkansas licensee under the subchapter. A resident may also transfer another state's license.

A concealed carry license does not authorize carrying into: police, sheriff, State Police and Highway Police stations; prisons, jails and detention facilities; courthouses and county buildings used for court (a judge decides for his or her courtroom); meetings of governing bodies, the General Assembly and state offices; athletic events not related to firearms; the alcohol-serving portion of bars (restaurants excepted); school, college and university buildings and events (with exceptions, including public college parking lots with the handgun left in the vehicle and carry allowed under § 5-73-322); airport passenger terminals; churches and places of worship unless the church allows it; places where federal law bans firearms; permitted parades or demonstrations the licensee takes part in; private property posted 'carrying a handgun is prohibited' at each entrance (readable from at least ten feet); places where a private entity gives written or verbal notice; and State Police-approved firearm-sensitive areas such as the Arkansas State Hospital, UAMS and collegiate athletic events. Enhanced-license (endorsement) holders have broader access in some places.