Arkansas Administrative Code › Agency 130 - Arkansas State Police › Rule 130.00.17-001 - Concealed Handgun Carry License Rules 2017

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1.
TITLE;
		  AUTHORITY; SCOPE
Rule 1.0
Title
These Rules shall be known as the Arkansas Concealed Handgun
			 Carry License Rules ("Rules").
Rule
		  1.1
Authority; Purpose;
		  Scope
(a) These Rules are
		  issued pursuant to the Director's authority under ACA §
									5-73-317,
		  ACA §§
									12-8-104 et
		  seq., and the Arkansas Administrative Procedure Act at ACA §§
									25-15-201 et
		  seq. The purpose of these Rules is to establish the process and procedures, in
		  conformity with Arkansas laws, for the licensing and governance of concealed
		  handgun carry license holders; to provide standards and guidelines to
		  instructors who train concealed handgun carry license applicants; and to
		  outline the process and procedures for the establishment of firearm sensitive
		  areas.
(b) These Rules do not
		  address federal law concerning active and retired law enforcement concealed
		  handgun carry authorization under 18 USC §sect; 921 and §sect;
		  922.
(c) These Rules do not address
		  certified law enforcement officers' or retired law enforcement officers'
		  concealed handgun carry authorization under the provisions of ACA §
									12-15-201
		  and §
									12-15-202.
Rule 1.2
Definitions
Definitions are adopted as follows:
(a)
"Active Duty Military" -
any
		  person serving full time in the active military service of the United States of
		  America, including members of reserve components, under published orders for
		  active duty or full-time training. "Active Duty Military" does not include a
		  member who is performing active duty under a call or order for a specified
		  period of less than thirty-one (31) calendar days;
(b)
"Administrator"
- the
		  designee of the Director of the Department of Arkansas State Police;
(c)
"Applicant
" - any person
		  who has submitted an application to the Department for a concealed handgun
		  carry license and paid the statutory fees;
(d)
"Application
" - a form of
		  such size and design that contains the required information and documentation
		  enabling a person to apply for a license to carry a concealed handgun, an
		  enhanced or enhancement to a concealed handgun carry license, renewal of a
		  concealed handgun carry license, or transfer of a concealed handgun carry
		  license;
(e)
"Application
		  packet"
- the documentation as outlined in ASP CHCL Rule
		  4.2 herein;
(f)
"Committed" -
an overnight
		  stay in a medical or other treatment facility, whether voluntary or
		  involuntary;
(g)
"Convicted
" - a person was found guilty of or pled guilty or
nolo contendere
to a criminal offense. Unless otherwise
		  specifically stated, a "conviction" includes offenses that have been sealed or
		  expunged;
(h)
"Crime of
		  Violence
" - any offense involving the threat of physical contact or
		  actual physical contact or any offense involving an act or omission resulting
		  in bodily injury. A "crime of violence" can include, but is not limited to,
		  murder, rape, sexual assault, robbery, terroristic threatening, disorderly
		  conduct, resisting arrest, battery, or assault;
(i)
"Department"
- the
		  Department of Arkansas State Police;
(j)
"Director
" - the Director
		  of the Department of Arkansas State Police;
(k)
"Documentation"
-
		  information that may be required to determine the applicant's eligibility.
		  "Documentation" includes written materials that are able to be independently
		  verified as true and correct by the Department. For example, the most reliable
		  "documentation" of a disposition from a court is a copy of the final
		  disposition certified by the court clerk or the keeper of the record.
		  Convictions that have been sealed or expunged may still disqualify an applicant
		  from receiving a concealed handgun carry license under certain
		  circumstances.
(l)
"Duplicate License
" - a license to carry a concealed handgun that is
		  issued to a licensee to replace a previously-issued license;
(m)
"Enhanced License"
- the
		  status of a concealed handgun carry license when a licensee or applicant has
		  completed enhanced training and received an endorsement to his or her license
		  pursuant to ACA §
									5-73-322(g)(3);
(n)
"Enhanced Training"
- the
		  training requirements set forth in ASP CHCL Rule
		  13.3 for a licensee to qualify
		  for an enhanced concealed handgun carry license;
(o)
"Firearms Safety Training
		  Instructor"
or
"Instructor"
- any person who is registered
		  by the Director to conduct the necessary training for a licensee to carry a
		  concealed handgun;
(p)
''Hearing Officer"
- the Director of Arkansas State Police or his/her
		  designated representative acting in issues of adjudication as outlined in the
		  Arkansas Administrative Procedure Act;
(q)
"Live-fire"
- training
		  involving the use of live ammunition, as opposed to the use of "blanks" or
		  simunition;
(r)
"Passenger
		  Terminal of an Airport"
- the ticketing area, lobby, and baggage claim
		  of an airport. The "passenger terminal of an airport" does not include any
		  sterile area of an airport, the passenger security screening checkpoint, and
		  all areas beyond the security checkpoint;
(s)
"Possession
" - for the
		  purposes of ACA §§
									5-73-301 et seq. and
		  these Rules, "possession" is actual or constructive possession on or about the
		  person, in a vehicle occupied by the licensee (including, but not limited to,
		  areas within the passenger compartment of any vehicle, such as glove boxes or
		  containers), or otherwise readily available for use. "Possession" also includes
		  "carrying a handgun" as stated in ACA §
									5-73-312(c).
"Possession" does not include:
(A) For a passenger car, where the handgun is
		  unloaded and locked in the trunk;
(B) For any vehicle, where the handgun is
		  unloaded and located in a space outside the passenger compartment;
(C) For a vehicle in which a space outside
		  the passenger compartment or a trunk does not exist, where the handgun is
		  unloaded and in a locked container and the ammunition is physically separated
		  from the handgun, so that both are not readily accessible to any occupant of
		  the vehicle while the vehicle is in motion;
(D) Placement or storage of the handgun
		  unattended in any location, not including a locked and unattended motor vehicle
		  in a publicly owned and maintained parking lot as permitted by law, if the
		  licensee is not in the same room and immediate vicinity (within arm's reach) of
		  the handgun.
(t)
"Registration''
- a certificate granted to an instructor permitting him
		  or her to instruct the firearms safety training provisions outlined in these
		  Rules;
(u)
"Resident"
- any person who possesses a valid Arkansas driver's license or ID card and who
		  has established domicile as evidenced by the intent to make Arkansas his or her
		  fixed and permanent home. It is presumed for the purposes of this definition
		  that, when a person transfers his or her Arkansas driver's license or ID card
		  to another state for a period of thirty (30) days or longer, the person is no
		  longer an Arkansas resident;
(v)
"Storage"
- for the purposes of ACA §§
									5-73-301 et
		  seq
.
and these Rules, "storage" refers to storage of a handgun
		  in a university or college-operated student dormitory or residence hall, which
		  is prohibited under ACA §
									5-73-119(c).
		  "Storage" means to leave a handgun unattended in any location, not including a
		  locked and unattended motor vehicle in a publicly owned and maintained parking
		  lot as permitted by law, for any period of time, where the licensee is not in
		  the same room and immediate vicinity (within arm's reach) of the
		  handgun.
(w)
"Training"
- the training requirements set forth in ASP CHCL Rules
		  13.0 and
		  13.1 for licensure to carry a
		  concealed handgun.
Rule
		  1.3
Authority to issue
		  license
The Director may issue a license to carry a concealed handgun to
			 any person who meets the requirements set forth in these Rules and other
			 applicable laws.
Rule 1.4
Term of the license
The term of the license to carry a concealed handgun is five (5)
			 years from the date of issuance, unless the license is suspended or revoked
			 under these Rules.
Rule 1.5
Exemptions - Authorized under other laws
A person who is exempt from licensing requirements under ACA
			 §
									5-73-304 is not bound
			 by these Rules.
Rule 1.6
Penalty for false response or document
Submitting a false answer or false documentation with an
			 application or in other communications with the Department shall subject the
			 applicant to the following:
(a)
		  Criminal penalty - a person who knowingly submits a false answer to any
		  question on a concealed handgun carry license application, or knowingly submits
		  a false document when applying for a concealed handgun license, upon conviction
		  is guilty of a Class B misdemeanor; and/or
(b) Non-criminal penalty - a person who
		  knowingly submits a false answer to any question on a concealed handgun carry
		  license application, or knowingly submits a false document when applying for a
		  concealed handgun license, is precluded from receiving a license and is subject
		  to immediate revocation of his or her license if it has already been
		  issued.
Rule 1.7
Exemptions - Military and spouse
Active Duty Member
(a) An active duty member of the United
		  States military is not required to be a resident of Arkansas to obtain an
		  Arkansas concealed handgun carry license if the active duty member submits
		  documentation of his or her active duty status.
(b) The active duty member must complete the
		  classroom portion of the concealed handgun carry training.
(c) The active duty member, or a former
		  member who has recently received an honorable discharge, may substitute a form
		  and a letter from his or her commanding officer, as outlined in ASP CHCL Rule
		  13.2, for the live-fire
		  requirement or he or she may complete the entire concealed handgun carry
		  training course with live-fire under the ASP-registered Concealed Handgun Carry
		  License instructor.
(d) The active
		  duty member shall submit with his or her initial application, and any renewal,
		  a recent passport-style photograph in appropriate electronic format.
Spouse of Active Duty Member
(e) Any spouse of an active duty military
		  member is not required to be a resident of Arkansas to obtain an Arkansas
		  concealed handgun carry license if the spouse of the active duty member submits
		  documentation of his or her spouse's active duty status.
(f) Any spouse of an active duty military
		  member must meet the same training requirements as a regular concealed handgun
		  carry license applicant.
(g) Any
		  spouse of an active duty military member shall submit with his or her initial
		  application, and any renewal, a recent passport-style photograph in appropriate
		  electronic format.