Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 2 - LAW ENFORCEMENT AGENCIES AND PROGRAMS (§§ 12-6-101 — 12-20-301) › Chapter 15 - WEAPONS (§§ 12-15-201 — 12-15-302) › Subchapter 2 - CONCEALED HANDGUN PERMITS (§§ 12-15-201 — 12-15-208) › Section 12-15-205 - Eligibility to carry concealed handgun - Active or retired prosecuting attorney or deputy prosecuting attorney

(a)
A prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney may carry a concealed handgun at any time if the prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney:
(1)
Is presently holding the office of prosecuting attorney or is presently employed by a prosecuting attorney;
(2)
Is not subject to any disciplinary action that suspends his or her authority as a prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney;
(3)
Is carrying a badge or appropriate written photographic identification issued by the prosecuting attorney identifying him or her as a prosecuting attorney or deputy prosecuting attorney designated by the prosecuting attorney;
(4)
Is not otherwise prohibited under federal law from receiving or possessing a firearm;
(5)
Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(6)
Has fingerprint impressions on file with the Division of Arkansas State Police automated fingerprint identification system.
(b)
(1)
A concealed handgun may be carried by a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney who:
(A)
Retired in good standing from service with a prosecuting attorney's office for reasons other than mental disability;
(B)
Immediately before retirement was authorized to carry a firearm in the course and scope of his or her duties;
(C)
Is carrying appropriate written photographic identification issued by a prosecuting attorney's office, identifying him or her as a retired prosecuting attorney or a retired deputy prosecuting attorney designated by the prosecuting attorney;
(D)
Is not otherwise prohibited under federal law from receiving or possessing a firearm;
(E)
Has fingerprint impressions on file with the system together with written authorization for state and national level criminal history record screening;
(F)
During the most recent twelve-month period has met the statutory requirements of §
16-21-147(b)(4)
;
(G)
Before his or her retirement, worked or was employed as a prosecuting attorney or as a deputy prosecuting attorney for an aggregate of ten (10) years or more; and
(H)
Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance.
(2)
A prosecuting attorney shall keep a record of all retired prosecuting attorneys and retired deputy prosecuting attorneys designated by the prosecuting attorney authorized to carry a concealed handgun in his or her jurisdiction and may revoke any authorization only for good cause shown and not for an arbitrary or capricious reason.
(c)
An active or retired prosecuting attorney or active or retired deputy prosecuting attorney designated by the prosecuting attorney carrying a concealed handgun under this section is not subject to the prohibitions and limitations of §
5-73-306
.
Added by Act 2023, No. 176,§ 5, eff. 8/1/2023.