Arkansas Gun Laws / Motorcyclist

ARKANSAS CONCEALED CARRY / Carrying a Concealed Weapon/(CCW) § 5-73-301 [Source]
Motorcylcist the State of Arkansas is a "SHALL-ISSUE" state for the concealed carry of firearms.  Effective August 16, 2013 Arkansas recognizes all concealed handgun carry licenses lawfully issues by another state. Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. The process may take up to four months. An existing license is suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Arkansas has an Open Carry Law [Source] for their citizens. If you possess a licenses from another Open Carry state you will be bound by the laws of Arkansas which will require your handgun to be concealed. In Arkansas the Arkansas State Police is the states concealed carry authority.

ARKANSAS PREEMPTION
Motorcylcist the State of Arkansas has state preemption for most firearms laws. However; localities may enact laws regulating the discharge of firearms, or in emergency situations. Local government units and private individuals can not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract. Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law.

Motorcyclist a SHALL-ISSUE jurisdiction is one that requires a permit to carry a concealed handgun. The granting of such permits is subject to meeting determinate criteria as per the law. Basically a granting authority has no discretion in awarding permits and there isn't any requirement of the applicant to demonstrate "good cause" for the request. (see below)

ARKANSAS PERMIT HONORED IN THE FOLLOWING STATES:
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

ARKANSAS HONORS PERMIT FROM THE FOLLOWING STATES:
Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, New York City, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

ARKANSAS DUTY TO RETREAT LAW (YES) Title 5 5-2-620 [Source]
Motorcyclist the State of Arkansas allows the use of justifiable force including deadly force as a right to protect ones self, family and dwelling. Always check self defense law specifics in states that have them.  Stand you’re Ground Laws typically remove the duty to retreat through judicial interpretation of that states self defense laws when defending yourself against imminent threats prior to the use of deadly force.  The Castle Doctrine or Habitation Defense Laws apply only to home or other real property.  Then there are the Duty to Retreat Laws that are in several states.  This simply means if you can escape harm or death use of deadly force is not allowed unless you are facing serious harm, cornered or held down.

 

 

 

"OPT-OUT" STATES ("Gun-Free Zones")
Motorcyclist passing through Arizona, Arkansas, Connecticut, Illinois, Kansas, Louisiana, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and Wisconsin must be aware these are considered “OPT OUT” States. The law is these states allow businesses to post a sign, (signage that meets state law) prohibiting concealed carry on said premises. Business owners also have a verbal right to alert you to their wishes while in their place of business.  Obviously you can be subject to varying levels of criminal prosecution depending on individual state laws if you choose to violate the said request.

NATIONAL PARK CARRY NPS Organic Act [Source]
Motorcyclist traveling through National Parks should know that on May 22, 2009, President Barack Obama signed H.R. 627 [Source], the "Credit Card Accountability Responsibility and Disclosure Act of 2009," into law. The bill contained an amendment introduced by Senator Tom Coburn (R-OK) that prohibits the Secretary of the Interior from enacting or enforcing any regulations that restrict possession of firearms in National Parks or Wildlife Refuges, as long as the person complies with laws of the state in which the unit is found.  This provision was supported by the National Rifle Association and opposed by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association, and the Coalition of National Park Service Retirees, among other organizations.  As of February 2010 concealed handguns are for the first time legal in all but 3 of the nation's 391 national parks and wildlife refuges so long as all applicable federal, state, and local regulations are adhered to.  Hawaii is a notable exception. Concealed and open carry are both not legal in Hawaii unless you are a retired military or law enforcement. Previously firearms were allowed into parks non-concealed and unloaded.

Motorcyclist may travel through any national park with possession of a firearm as long as the possession is compliant with the laws of the State in which the national park area is located. Keep in mind Federal Statute 18 USC 930 [Source] prohibits firearms or other dangerous weapons within a Federal facility. In national parks, such facilities may include visitor centers, administrative offices, and/or maintenance buildings. Any such facilities will be clearly marked with signs at all public entrances. For more information about national parks, and park-specific regulations, visit http://www.nps.gov/findapark/index.htm and search by park name, location (state), activity, or topic.

PENALTIES FOR CARRYING ILLEGALLY Title 18 §921 Chap 44 [Source]
Motorcyclist it is important for license holders to understand that when you are traveling in or through another state, the license holder is subject to the firearm laws of the state. In the United States no convicted felon may purchase, transfer, or otherwise be in the possession of any firearm.  Illegally concealing a handgun is a felony in many states therefore conviction of such a crime would automatically result in the forfeiture of a citizen's gun rights for life nationwide.  Additional state penalties for unlawful carry of a concealed firearm can be severe with punishments including expensive fines, extended jail time, loss of voting rights, and even passport cancelation.  A federal penalty of ten years in prison has been enacted for those found to be in possession of either firearms or ammunition while subject to a protection or restraining order.

RESTRICTED AREAS  § 5-73-306 [Source]
Motorcyclist possessing a concealed carry permit allows the permit holder to carry a concealed weapon in public. State law, however; {can|may| restrict carry of a firearm including a permitted concealed weapon while in or on certain properties, facilities or types of businesses that are otherwise open to the public such as schools that are protected by the Federal Gun Free School Zones Act. These areas vary by State and may be questionable at times but shouldn't be by Motorcyclist must be aware of.  These are and not limited to Federal government Facilities, State Government Facilities, Educational Institutions, Hospitals, Mass Transit and the list does go on.  Need specific information: 18 U.S. Code § 930

ARKANSAS MOTORCYCLE GUN TRANSPORTATION LAW
Motorcyclist having at least a general idea of the law in the state you may be traveling through or hanging out in is never a bad idea. Best rule of thumb when traveling interstate or cross country on your motorcycle transporting a licensed and or registered to you firearm is to adhere to the Federal Interstate Transportation of Firearms Law.

Arkansas Code Annotated §5-73-120 [Source] Carrying a Weapon.

  •  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 employ the handgun, knife, or club as a weapon against a person.
  • It is a defense to a prosecution under this section that at the time of the act of carrying a weapon:
  • 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; (a journey is defined as traveling beyond your circle of neighbors and general acquaintances or outside a person’s normal travel routine)

 

 

 

INTERSTATE TRANSPORTATION OF FIREARMS Title 18 U.S.C. section 926A [Source]
Motorcyclist traveling from state to state should be know that not withstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment, saddlebag, front or side pouch of such transporting motorcycle / vehicle: Provided that in the case of a motorcycle / vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the compartments previously stated. 18 USC § 926C - Carrying of concealed firearms by qualified retired law enforcement officers [Source]

(AR) RECIPROCITY INFO
Motorcyclist, due to the time to time change in Gun Reciprocity Law from state to state and in certain states down to a municipal level always contact the State Attorney General or State Agency with the charge of Concealed Carry, Constitutional Carry or Open Carry Laws for the most up to date information.  Please note many sites post Reciprocity Information that is not current.  Protect yourself during your travels by acquiring the most current information and know the LAW!  NOTE: Effective August 16, 2013, the State of Arkansas acknowledges all concealed handgun carry licenses lawfully issued by another state. Arkansas Concealed Handgun

ARKANSAS OFFICE OF THE STATE ATTORNEY GENERAL
323 Center Street, Suite 200
Little Rock, Arkansas 72201
Phone:
(501) 682 2007
1-800-482-8982
Arkansas AG

Many jurisdictions have established arrangements where they recognize or honor permits or licenses issued by other jurisdictions with comparable standards, for instance in regard to marriage or driver's licenses. This is known as Reciprocity and is based on U.S. Constitution "full faith and credit" provision Article 4 Sec1 [Source]. Due to the nature of gun politics reciprocity in regard to weapons carry permits or licenses has been controversial and is a state of constant flux.

 

 

 

STATES THAT HAVE A SHALL ISSUE TO RESIDENTS ONLY LAW:
Alabama, Alaska, Arkansas, Colorado, Georgia, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oklahoma, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, Wyoming
STATES THAT HAVE A SHALL ISSUE TO RESIDENTS AND NON-RESIDENTS LAW:
Arizona, Florida, Idaho, Illinois, Indiana, Iowa, Maine, Minnesota, Nevada, New Hampshire, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington
STATES THAT HAVE A MAY ISSUE TO RESIDENTS ONLY LAW:
California, Delaware, Hawaii, New York City
STATES THAT HAVE A MAY ISSUE TO RESIDENTS AND NON- RESIDENTS LAW:
Connecticut, Maryland, Massachusetts, New Jersey, New York
NOTE: Concealed Carry Right Denied in (DC) District of Columbia

ARKANSAS STATE POLICE
#1 State Police Plaza Drive
Little Rock, Arkansas 72209-2971
Phone: 501-618-8627
Fax: 501-618-8647
Arkansas SP
Arkansas Concealed Handgun

BIKERZWORLD.COM offers State of Arkansas Gun Laws to inform Motorcyclists traveling in state, cross state and internationally through Arkansas Gun Laws that have the best chance of being enforced by State and Local Authorities such as Arkansas Concealed Carry Law and Arkansas Motorcycle Gun Transportation Law.  The above information must not be construed as a complete list of all the State of Arkansas Gun Laws as they are reviewed annually and are subject to addition or modification.  If you have been charged with the illegal possession of a gun, or have been accused of a firearms-related crime in this state seek advice from an Arkansas Criminal Defense Attorney specializing in Arkansas Gun Laws and Arkansas Motorcyclist Rights.