reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-301 - Definitions

As used in this subchapter:
(1)
"Acceptable electronic format" means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on a concealed handgun license as clearly as an original concealed handgun license;
(2)
"Concealed" means to cover from observation so as to prevent public view;
(3)
"Convicted" means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense;
(4)
"Handgun" means any firearm, other than a fully automatic firearm, with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand;
(5)
"Licensee" means a person granted a valid license to carry a concealed handgun pursuant to this subchapter;
(6)
"Parking lot" means an area, structure, or part of a structure designated for the parking of motor vehicles or a designated drop-off zone for children at a school;
(7)
"Private university or private college" means an institution of higher education that is not a public university, public college, or community college as defined in §
5-73-322
; and
(8)
"Retired law enforcement officer" means a person who retired as a certified law enforcement officer from a local or state law enforcement agency with at least ten (10) years of experience as a law enforcement officer.
Amended by Act 2017, No. 957,§ 1, eff. 8/1/2017.
Amended by Act 2017, No. 859,§ 3, eff. 9/1/2017.
Amended by Act 2015, No. 1078,§ 3, eff. 7/22/2015.
Amended by Act 2013, No. 419,§ 1, eff. 8/16/2013.
Acts 1995, No. 411, § 1; 1995, No. 419, § 1; 1997, No. 1239, § 1; 2007, No. 664, § 1; 2007, No. 827, §§ 98, 99.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-302 - Authority to issue license

(a)
The Director of the Division of Arkansas State Police may issue a license to carry a concealed handgun to a person qualified as provided in this subchapter.
(b)
(1)
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.
(2)
After July 31, 2007, upon renewal, an existing valid license to carry a concealed handgun shall be issued for a period of five (5) years.
(c)
(1)
(A)
After July 31, 2007, a license or renewal of a license issued to a former elected or appointed sheriff of any county of this state shall be issued for a period of five (5) years.
(B)
The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses.
(2)
(A)
The former elected or appointed sheriff shall meet the same qualifications as all other applicants.
(B)
However, the former elected or appointed sheriff is exempt from the fee prescribed by §
5-73-311(a)(2)
and from the training requirements of §
5-73-309(13)
for issuance.
Amended by Act 2019, No. 910,§ 5736, eff. 7/1/2019.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 389, § 1; 2007, No. 1014, §§ 1, 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-303 - Immunity from civil damages

The state, a county or city, or any employee of the state, county, or city is not liable for any civil damages resulting from the issuance of a license pursuant to a provision of this subchapter.
Acts 1995, No. 411, § 3; 1995, No. 419, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-304 - Exemptions

(a)
(1)
(A)
A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun.
(B)
A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter.
(2)
Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer.
(b)
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.
(c)
The authorization prescribed in subsection (b) of this section shall be carried on the person of the employee of a local detention facility and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in §
5-73-306
.
(d)
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)
.
(e)
As used in this section, "employee of a local detention facility" means a person who:
(1)
Is employed by a county sheriff or municipality that operates a local detention facility and whose job duties include:
(A)
Securing a local detention facility;
(B)
Monitoring inmates in a local detention facility; and
(C)
Administering the daily operation of the local detention facility; and
(2)
Has completed the minimum training requirements for his or her position.
Amended by Act 2017, No. 957,§ 2, eff. 8/1/2017.
Amended by Act 2013, No. 1220,§ 1, eff. 8/16/2013.
Amended by Act 2013, No. 415,§ 1, eff. 8/16/2013.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 696, § 1; 1997, No. 1239, § 8; 1999, No. 1508, §§ 1, 7.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-305 - Criminal penalty

Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this subchapter, or who knowingly submits a false document when applying for a license issued pursuant to this subchapter upon conviction is guilty of a Class B misdemeanor.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-307 - List of license holders

(a)
The Department of Arkansas State Police shall maintain an automated listing of license holders, and this information shall be available online, upon request, at any time, to any law enforcement agency through the Arkansas Crime Information Center.
(b)
Nothing in this subchapter shall be construed to require or allow the registration, documentation, or providing of a serial number with regard to any firearm.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 3; 2007, No. 827, § 100.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-308 - License - Issuance or denial

(a)
(1)
(A)
The Director of the Division of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon.
(B)
The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years.
(2)
Subdivision (a)(1) of this section does not apply to a misdemeanor that has been expunged or for which the imposition of sentence was suspended.
(3)
Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case.
(b)
(1)
The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun.
(2)
Within one hundred twenty (120) days after the date of receipt of the items listed in §
5-73-311(a)
, the director shall:
(A)
Issue the license; or
(B)
Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter.
(3)
(A)
If the director denies the application, the director shall notify the applicant in writing, stating the grounds for denial.
(B)
The decision of the director is subject to appeal under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 910,§ 5737, eff. 7/1/2019.
Amended by Act 2013, No. 1328,§ 1, eff. 8/16/2013.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 4; 2011, No. 758, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-310 - Application form

The application for a license to carry a concealed handgun shall be completed, under oath, on a form promulgated by the Director of the Division of Arkansas State Police and shall include only:
(1)
The name, address, place and date of birth, race, and sex of the applicant;
(2)
The driver's license number or Social Security number of the applicant;
(3)
Any previous address of the applicant for the two (2) years preceding the date of the application;
(4)
A statement that the applicant is in compliance with criteria contained within §§
5-73-308(a)
and
5-73-309
;
(5)
A statement that the applicant has been furnished a copy of this subchapter and is acquainted with the truth and understanding of this subchapter;
(6)
A conspicuous warning that the application is executed under oath, and that a knowingly false answer to any question or the knowing submission of any false document by the applicant subjects the applicant to:
(A)
Criminal prosecution and precludes any future license's being issued to the applicant; and
(B)
Immediate revocation if the license has already been issued;
(7)
A statement that the applicant desires a legal means to carry a concealed handgun to defend himself or herself;
(8)
(A)
A statement of whether the applicant is applying for:
(i)
An unrestricted license, that allows the person to carry any handgun; or
(ii)
A restricted license, that allows the person to carry any handgun other than a semiautomatic handgun.
(B)
(i)
An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun.
(ii)
An applicant requesting a restricted license shall establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and
(9)
A statement of whether or not the applicant has been found guilty of a crime of violence or domestic abuse.
Amended by Act 2019, No. 910,§ 5740, eff. 7/1/2019.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 5; 1999, No. 786, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-312 - Revocation

(a)
(1)
A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in §
5-73-308(a)
or §
5-73-309
.
(2)
(A)
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 Division of Arkansas State Police.
(B)
The license shall be held until a determination of the charge is finalized, with the appropriate disposition of the license after the determination.
(b)
When the Division of Arkansas State Police receives notification from any law enforcement agency or court that a licensee has been found guilty or has pleaded guilty or nolo contendere to any crime involving the use of a weapon, the license issued under this subchapter is immediately revoked.
(c)
The director shall revoke the license of any licensee who has pleaded guilty or nolo contendere to or been found guilty of an alcohol-related offense committed while carrying a handgun.
Amended by Act 2019, No. 910,§ 5747, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5746, eff. 7/1/2019.
Acts 1995, No. 411, §§ 2, 4, 5; 1995, No. 419, §§ 2, 4, 5; 1997, No. 1239, § 11; 2003, No. 545, § 4; 2007, No. 827, § 101.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-313 - Expiration and renewal

(a)
Except as provided in subdivision (f)(1) of this section, the licensee may renew his or her license no more than ninety (90) days prior to the expiration date by submitting to the Division of Arkansas State Police:
(1)
A renewal form prescribed by the division;
(2)
A verified statement that the licensee remains qualified pursuant to the criteria specified in §§
5-73-308(a)
and
5-73-309
;
(3)
A renewal fee of twenty-five dollars ($25.00);
(4)
A certification or training form properly completed by the licensee's training instructor reflecting that the licensee's training was conducted; and
(5)
A digital photograph of the licensee or a release authorization to obtain a digital photograph of the licensee from another source.
(b)
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.
(c)
Additionally, a licensee who fails to file a renewal application on or before the expiration date shall renew his or her license by paying a late fee of fifteen dollars ($15.00).
(d)
(1)
No license shall be renewed six (6) months or more after its expiration date, and the license is deemed to be permanently expired.
(2)
(A)
A person whose license has been permanently expired may reapply for licensure.
(B)
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.
(e)
A new criminal background investigation shall be conducted when an applicant applies for renewal of a license. Costs for processing a new background check shall be paid by the applicant.
(f)
(1)
An active duty member of the United States Armed Forces, a member of the National Guard, or a member of a reserve component of the United States Armed Forces, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the division:
(A)
Proof of assignment outside of this state on the expiration date of the license; and
(B)
The items listed in subdivisions (a)(1)-(5) of this section.
(2)
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.
Amended by Act 2019, No. 188,§ 2, eff. 7/24/2019.
Amended by Act 2019, No. 61,§ 2, eff. 7/24/2019.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, §§ 6, 12; 1999, No. 487, § 2; 2003, No. 545, § 2; 2005, No. 881, § 1; 2007, No. 664, § 5.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-314 - Lost, destroyed, or duplicate license - Change of address

(a)
Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license to carry a concealed handgun lost, the licensee shall notify the Director of the Division of Arkansas State Police in writing of the change or loss.
(b)
If a license to carry a concealed handgun is lost or destroyed, or a duplicate is requested, the person to whom the license to carry a concealed handgun was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or replacement license upon:
(1)
Paying the Division of Arkansas State Police a fee established by the director under the Arkansas Administrative Procedure Act, §
25-15-201
et seq.; and
(2)
Furnishing a notarized statement to the division that the license to carry a concealed handgun has been lost or destroyed or that a duplicate is requested.
(c)
The fee described in subdivision (b)(1) of this section shall be reduced by fifty percent (50%) if a person sixty-five (65) years of age or older is requesting a replacement or duplicate license under this section.
Amended by Act 2019, No. 910,§ 5749, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5748, eff. 7/1/2019.
Amended by Act 2015, No. 1155,§ 15, eff. 7/22/2015.
Amended by Act 2013, No. 1271,§ 2, eff. 4/16/2013.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 2011, No. 758, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-315 - Authority to carry concealed handgun - Identification of licensee

(a)
Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun.
(b)
The licensee shall:
(1)
Carry the license, or an electronic copy of the license in an acceptable electronic format, together with valid identification, at any time when the licensee is carrying a concealed handgun; and
(2)
Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer.
(c)
The presentment of proof of a license to carry a concealed handgun in electronic form does not:
(1)
Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
(2)
Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
Amended by Act 2013, No. 419,§ 2, eff. 8/16/2013.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 2007, No. 827, § 102.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-316 - Fees

Any fee collected by the Department of Arkansas State Police pursuant to this subchapter shall be deposited into the Department of Arkansas State Police Fund.
Acts 1995, No. 411, § 2; 1995, No. 419, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-317 - Rules

The Director of the Division of Arkansas State Police may promulgate rules to permit the efficient administration of this subchapter.
Amended by Act 2019, No. 315,§ 172, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5750, eff. 7/1/2019.
Acts 1995, No. 411, § 8; 1995, No. 419, § 8.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-318 - Instructor review of applications

(a)
An instructor authorized to conduct a training course required by this subchapter shall check the application of a student for completeness, accuracy, and legibility.
(b)
An instructor who repeatedly fails to comply with subsection (a) of this section may have his or her license to conduct a training course revoked.
Acts 1997, No. 1239, § 7.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-319 - Transfer of a license to Arkansas

(a)
Any person who becomes a resident of Arkansas who has a valid license to carry a concealed handgun issued by a reciprocal state may apply to transfer his or her license to Arkansas by submitting the following to the Division of Arkansas State Police:
(1)
The person's current reciprocal state license;
(2)
Two (2) properly completed fingerprint cards;
(3)
A nonrefundable license fee of thirty-five dollars ($35.00);
(4)
Any fee charged by a state or federal agency for a criminal history check; and
(5)
A digital photograph of the person or a release authorization to obtain a digital photograph of the person from another source.
(b)
After July 31, 2007, the newly transferred license is valid for a period of five (5) years from the date of issuance and binds the holder to all Arkansas laws and rules regarding the carrying of the concealed handgun.
Amended by Act 2019, No. 315,§ 173, eff. 7/24/2019.
Acts 2003, No. 545, § 3; 2007, No. 664, § 26; 2007, No. 1014, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-320 - License for certain members of the Arkansas National Guard or a reserve component or active duty military personnel

(a)
The Division of Arkansas State Police may issue a license under this subchapter to a person who:
(1)
Is currently serving as an active duty member of, or has recently been honorably discharged from, the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces;
(2)
Submits the following documents:
(A)
A completed concealed handgun license application as prescribed by the division;
(B)
A form specified by the Director of the Division of Arkansas State Police reflecting the fingerprints of the applicant;
(C)
A properly completed and dated certificate from a concealed handgun carry training instructor who is registered with the division;
(D)
A letter dated and personally signed by a commanding officer or his or her designee stating that the applicant is of good character and sound judgment;
(E)
A form, as designated by the division, showing that the applicant has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date;
(F)
A copy of the face or photograph side of a current uniformed services of the United States identification card, if the applicant is a member of the United States Armed Forces; and
(G)
An electronic passport-style photo of the applicant, if the applicant does not hold an Arkansas driver's license or identification card; and
(3)
Submits any required fees.
(b)
Except as otherwise specifically stated in this section, the license issued under this section is subject to the provisions of this subchapter and any rules promulgated under §
5-73-317
.
Amended by Act 2019, No. 910,§ 5751, eff. 7/1/2019.
Amended by Act 2017, No. 1017,§ 1, eff. 8/1/2017.
Amended by Act 2013, No. 989,§ 2, eff. 8/16/2013.
Acts 2005, No. 1868, § 1; 2007, No. 664, § 7; 2007, No. 1014, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-321 - Recognition of other states' licenses

A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter.
Amended by Act 2013, No. 1089,§ 1, eff. 8/16/2013.
Acts 2009, No. 748, § 43.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-323 - Post-Prison Transfer Board exemptions

A member of the Post-Prison Transfer Board, a board investigator, or a revocation hearing judge who has been issued a license to carry a concealed handgun by the Division of Arkansas State Police under this subchapter may carry his or her concealed handgun into a building in which or a location on which a law enforcement officer may carry a handgun if the board member, board investigator, or revocation hearing judge is on official business of the board.
Amended by Act 2023, No. 659,§ 49, eff. 1/1/2024.
Added by Act 2013, No. 320,§ 2, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-324 - Firearm rights shall not be infringed

(a)
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.
(b)
The Division 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
.
Added by Act 2017, No. 486,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-325 - Firearm-sensitive areas - Security plan approval

(a)
(1)
The following entities may submit a security plan to the Division of Arkansas State Police for approval that designates certain areas as a firearm-sensitive area where possession of a concealed handgun by a licensee under this subchapter is prohibited:
(A)
The Arkansas State Hospital;
(B)
The University of Arkansas for Medical Sciences; and
(C)
(i)
An institution of higher education that hosts or sponsors a collegiate athletic event.
(ii)
A firearm-sensitive area under subdivision (a)(1)(C)(i) of this section is limited to an area where a collegiate athletic event is held.
(2)
A security plan submitted under this section shall include the following information and corresponding security measures:
(A)
Total projected attendance;
(B)
Number of entrances and exits;
(C)
Number of on-site private security personnel;
(D)
Number of on-site law enforcement officers;
(E)
Number of on-site first responders;
(F)
Location of parking areas and number of motor vehicles projected to use the parking areas;
(G)
Routes for emergency vehicles;
(H)
Locations of all restrooms, stairs, and elevators;
(I)
Evacuation procedures;
(J)
Security communication protocol;
(K)
Location of emergency vehicles;
(L)
Public communication protocol; and
(M)
Bomb threat and active shooter procedures.
(b)
Security measures under this section shall include without limitation:
(1)
Security personnel or law enforcement officers on-site;
(2)
Use of a magnetometer or other metal-detecting device designed to detect a weapon;
(3)
Barricades; or
(4)
Other measures or devices designed to protect the public from a security threat.
(c)
(1)
An entity shall submit a security plan to the division under this section annually or no later than five (5) days before a scheduled collegiate athletic event.
(2)
The division shall approve or disapprove a security plan for a scheduled collegiate athletic event within seventy-two (72) hours of the receipt of the security plan.
(3)
Otherwise the division shall approve or disapprove a security plan within ten (10) business days.
(d)
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.
(e)
A security plan submitted under this section is exempt from public disclosure under the Freedom of Information Act of 1967, §
25-19-101
et seq.
Added by Act 2017, No. 859,§ 9, eff. 9/1/2017.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-326 - [Repealed]

Repealed by Act 2021, No. 809,§ 2, eff. 7/28/2021.
Added by Act 2017, No. 1071,§ 3, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-328 - Board of Corrections exemption

A member of the Board of Corrections who is a licensee may carry his or her concealed handgun into a building in which or a location on which a law enforcement officer may carry a concealed handgun.
Added by Act 2023, No. 752,§ 2, eff. 4/12/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 73 - WEAPONS (§§ 5-73-101 — 5-73-402) › Subchapter 3 - CONCEALED HANDGUNS (§§ 5-73-301 — 5-73-329) › Section 5-73-329 - Purpose and construction of subchapter

(a)
The purpose of this subchapter is solely to establish concealed carry licensing for the purpose of providing licensees reciprocity in other states that require a license to carry a concealed handgun in order to carry a concealed handgun.
(b)
This subchapter does not require a person to obtain a license to carry a concealed handgun in order to carry a concealed handgun in this state.
Added by Act 2023, No. 777,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 1 - ARKANSAS CRIMINAL GANG, ORGANIZATION, OR ENTERPRISE ACT (§§ 5-74-101 — 5-74-109) › Section 5-74-101 - Title

This subchapter shall be known and may be cited as the "Arkansas Criminal Gang, Organization, or Enterprise Act".
Acts 1993, No. 1002, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 1 - ARKANSAS CRIMINAL GANG, ORGANIZATION, OR ENTERPRISE ACT (§§ 5-74-101 — 5-74-109) › Section 5-74-103 - Definitions

As used in this subchapter:
(1)
"Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant receiving income, benefit, property, money, or anything of value;
(2)
"Crime of violence" means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape;
(3)
"Criminal gang, organization, or enterprise" means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and
(4)
"Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain.
Acts 1993, No. 1002, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 1 - ARKANSAS CRIMINAL GANG, ORGANIZATION, OR ENTERPRISE ACT (§§ 5-74-101 — 5-74-109) › Section 5-74-104 - Engaging in a continuing criminal gang, organization, or enterprise

(a)
(1)
A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the first degree if he or she:
(A)
Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and
(B)
That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons with respect to whom that person occupies a position of organizer, a supervisory position, or any other position of management.
(2)
A person who engages in a continuing criminal gang, organization, or enterprise in the first degree is guilty of a felony two (2) classifications higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (a)(1)(A) of this section.
(b)
(1)
A person commits the offense of engaging in a continuing criminal gang, organization, or enterprise in the second degree if he or she:
(A)
Commits or attempts to commit or solicits to commit a felony predicate criminal offense; and
(B)
That offense is part of a continuing series of two (2) or more predicate criminal offenses that are undertaken by that person in concert with two (2) or more other persons, but with respect to whom that person does not occupy the position of organizer, a supervisory position, or any other position of management.
(2)
A person who engages in a continuing criminal gang, organization, or enterprise in the second degree is guilty of a felony one (1) classification higher than the classification of the highest underlying predicate criminal offense referenced in subdivision (b)(1)(A) of this section.
(c)
A person who engages in a continuing criminal gang, organization, or enterprise when the underlying predicate criminal offense is a Class A felony or a Class Y felony is guilty of a Class Y felony.
(d)
Any sentence of imprisonment imposed pursuant to this section is in addition to any sentence imposed for the violation of a predicate criminal offense.
Acts 1993, No. 1002, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 1 - ARKANSAS CRIMINAL GANG, ORGANIZATION, OR ENTERPRISE ACT (§§ 5-74-101 — 5-74-109) › Section 5-74-105 - Unauthorized use of another person's property to facilitate certain crimes

(a)
(1)
A person commits the offense of unauthorized use of another person's property to facilitate a crime if he or she knowingly uses the property of another person to facilitate in any way the violation of a predicate criminal offense without the owner's knowledge.
(2)
A violation of this section is a Class B felony.
(b)
The State of Arkansas is the victim in any violation of this section.
Acts 1993, No. 1002, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 1 - ARKANSAS CRIMINAL GANG, ORGANIZATION, OR ENTERPRISE ACT (§§ 5-74-101 — 5-74-109) › Section 5-74-106 - Simultaneous possession of drugs and firearms

(a)
A person shall not unlawfully commit a felony violation of §§
5-64-419
-
5-64-442
or unlawfully attempt, solicit, or conspire to commit a felony violation of §§
5-64-419
-
5-64-442
while in possession of:
(1)
A firearm; or
(2)
Any implement or weapon that may be used to inflict serious physical injury or death, and that under the circumstances serves no apparent lawful purpose.
(b)
Any person who violates this section is guilty of a Class Y felony.
(c)
This section does not apply to a misdemeanor drug offense.
(d)
It is a defense to this section that the defendant was in his or her home and the firearm or other implement or weapon was not readily accessible for use.
Acts 1993, No. 1002, § 1; 2007, No. 827, § 105; 2011, No. 570, § 70.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 1 - ARKANSAS CRIMINAL GANG, ORGANIZATION, OR ENTERPRISE ACT (§§ 5-74-101 — 5-74-109) › Section 5-74-107 - Unlawful discharge of a firearm from a vehicle

(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.
(2)
Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony.
(b)
(1)
A person commits unlawful discharge of a firearm from a vehicle in the second degree if he or she recklessly discharges a firearm from a vehicle in a manner that creates a substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure.
(2)
Unlawful discharge of a firearm from a vehicle in the second degree is a Class B felony.
(c)
(1)
(A)
Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture.
(B)
Subdivision (c)(1)(A) of this section is a new and independent ground for forfeiture.
(2)
(A)
Property that is forfeitable based on this section is forfeited pursuant to and in accordance with the procedures for forfeiture in §
5-64-505
.
(B)
The reference in subdivision (c)(2)(A) of this section to §
5-64-505
is procedural only, and it is not a defense to forfeiture under this section that the discharge of a firearm did not involve a controlled substance.
Amended by Act 2017, No. 333,§ 6, eff. 8/1/2017.
Acts 1993, No. 1002, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 1 - ARKANSAS CRIMINAL GANG, ORGANIZATION, OR ENTERPRISE ACT (§§ 5-74-101 — 5-74-109) › Section 5-74-108 - Engaging in violent criminal group activity

(a)
Any person who violates any provision of Arkansas law that is a crime of violence while acting in concert with two (2) or more other persons is subject to enhanced penalties.
(b)
Upon conviction of a crime of violence committed while acting in concert with two (2) or more other persons, the classification and penalty range is increased by one (1) classification.
(c)
The fact that the group was not a criminal gang, organization, or enterprise is not a defense to prosecution under this section.
Acts 1993, No. 1002, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 2 - RECRUITING GANG MEMBERS (§§ 5-74-201 — 5-74-203) › Section 5-74-202 - Definitions

As used in this subchapter:
(1)
"Crime of pecuniary gain" means any violation of Arkansas law that results, or was intended to result, in the defendant's receiving income, benefit, property, money, or anything of value;
(2)
"Crime of violence" means any violation of Arkansas law if a person purposely or knowingly causes, or threatens to cause, death or physical injury to another person, specifically including rape, §
5-14-103
;
(3)
"Criminal gang, organization, or enterprise" means any group of three (3) or more individuals who commit a continuing series of two (2) or more predicate criminal offenses that are undertaken in concert with each other; and
(4)
"Predicate criminal offense" means any violation of Arkansas law that is a crime of violence or a crime of pecuniary gain.
Acts 1994 (2nd Ex. Sess.), No. 33, § 2; 1994 (2nd Ex. Sess.), No. 34, § 2.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 74 - GANGS (§§ 5-74-101 — 5-74-203) › Subchapter 2 - RECRUITING GANG MEMBERS (§§ 5-74-201 — 5-74-203) › Section 5-74-203 - Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise

(a)
Any person who by intimidation or duress causes, aids, abets, encourages, solicits, or recruits a minor to become or to remain a member of any group that the person knows to be a criminal gang, organization, or enterprise that falls into the definition and intent of this subchapter is guilty of a Class C felony.
(b)
Any person who is found guilty of or who pleads guilty or nolo contendere to a second or subsequent violation of this section is guilty of a Class B felony.
Acts 1994 (2nd Ex. Sess.), No. 33, § 3; 1994 (2nd Ex. Sess.), No. 34, § 3.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 75 - OPERATION OF AIRCRAFT WHILE INTOXICATED (§§ 5-75-101 — 5-75-107) › Section 5-75-101 - Definitions

As used in this chapter:
(1)
"Aircraft" means any contrivance invented, used, or designed for the navigation of or flight in the air, and that is required to be registered under the laws of the United States;
(2)
(A)
"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI.
(B)
The fact that any person charged with a violation of this chapter is or has been entitled to use that drug or controlled substance under the laws of this state does not constitute a defense against any charge of violating this chapter; and
(3)
"Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination of alcohol, a controlled substance, or an intoxicant, to such a degree that the operator's or navigator's reactions, motor skills, and judgment are substantially altered and the operator or navigator, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself and other persons.
Acts 1993, No. 824, § 1.
Arkansas Code of 1987 (2023) › Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) › Subtitle 6 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE (§§ 5-60-101 — 5-79-101) › Chapter 75 - OPERATION OF AIRCRAFT WHILE INTOXICATED (§§ 5-75-101 — 5-75-107) › Section 5-75-102 - Unlawful acts

(a)
(1)
It is unlawful and punishable as provided in this chapter for any person who is intoxicated to operate, navigate, or be in actual physical control of any aircraft.
(2)
It is unlawful and punishable as provided in this chapter for any person to operate, navigate, or be in actual physical control of any aircraft if at that time there was an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance.
(3)
It is unlawful and punishable as provided in this chapter for any person who is at an airport to perform his or her duties as a member of the flight crew of an aircraft and who has an alcohol concentration of four hundredths (0.04) or more in the person's breath or blood as determined by a chemical test of the person's blood, urine, breath, or other bodily substance, to:
(A)
Present himself or herself at:
(i)
The security checkpoint at the airport;
(ii)
The security identification area; or
(iii)
An aircraft ramp; or
(B)
Plan and accept flight documents at the ticket counter or gate.
(b)
(1)
Any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section is guilty of a Class A misdemeanor.
(2)
For a second offense occurring within one (1) year, any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section is guilty of a Class D felony.
(3)
Any person who pleads guilty or nolo contendere to or is found guilty of violating subsection (a) of this section and who at the time of the offense was a flight crew member and was in possession of a weapon is guilty of a Class D felony.
(c)
(1)
(A)
If a person under arrest for violating subsection (a) of this section refuses upon the request of a law enforcement officer to submit to a chemical test as provided in §
5-75-103
, no chemical test shall be given.
(B)
However, any person who refuses to submit to a chemical test as provided for in §
5-75-103
is guilty of a Class A misdemeanor.
(2)
For a second offense occurring within one (1) year, any person who refuses to submit to a chemical test as provided for in §
5-75-103
is guilty of a Class D felony.
(d)
A complete report of any arrest or conviction made under the provisions of this chapter shall be forwarded to the Federal Aviation Administration or any other agency responsible for the licensing of pilots or navigators.
Acts 1993, No. 824, § 2; 2001, No. 561, § 17; 2003, No. 1267, § 1.