Arkansas Administrative Code › Agency 130 - Arkansas State Police › Rule 130.00.08-001 - Concealed Handgun Carry License Rules

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER
		  1.
TITLE; AUTHORITY
Rule 1.0
Title
These Rules shall be known as the Arkansas Concealed Handgun
			 Carry License Rules ("Rules").
Rule
		  1.1
Authority; Purpose
(a) These Rules are issued under the
		  Director's authority under ACA §§
									5-73-317,
		  and §§
									12-8-104,
et seq
., and the Arkansas Administrative Procedure Act at ACA
		  §§
									25-15-201,
et seq.,
among others. The purpose of these Rules is to
		  provide guidelines in conformity with Arkansas laws as to issuance and
		  governance of applicants for new, renewal, or transfer licenses to carry a
		  concealed handgun in the State of Arkansas as issued by the Department of
		  Arkansas State Police; and to provide standards and guidelines to instructors
		  who train concealed handgun carry license applicants.
(b) These Rules do not address federal law
		  concerning active and retired law enforcement concealed handgun carry
		  authorization under
		  18
		  United States Code §
										921 and §
									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 used in these Rules, unless the context otherwise
			 requires, are adopted:
(a)
"Active Duty Military"
means an individual serving full time in
		  the active military service of the United States of America, and includes
		  members of the reserve components of the various branches of military service,
		  while serving under published orders for active duty or full-time training. The
		  term does not include:
(1) members of the
		  reserve component who are performing active duty under military calls or orders
		  specifying periods of less than thirty-one (31) calendar days; or
(2) active duty training under military calls
		  or orders specifying periods of less than thirty-one (31) calendar
		  days;
(b)
"Administrator"
means the designee of the Director of the
		  Department of Arkansas State Police under these Rules;
(c)
"Applicant
" means any
		  person who has submitted to the Department a properly-completed application for
		  a concealed handgun carry license;
(d)
"Application
" means 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, renewal of a concealed handgun carry license
,
or transfer
		  of a concealed handgun carry license;
(e)
"Application packet"
means
		  the documentation as outlined in Rule
		  4.2 herein;
(f)
''Chronically and habitually uses
		  alcoholic beverages''
means:
(1) That a
		  person's normal faculties are impaired. This is presumed if the applicant has
		  been voluntarily or involuntarily committed to a treatment facility for
		  treatment of alcoholism within the three (3) year period immediately preceding
		  the date on which the application, renewal, or transfer is submitted;
		  or
(2) That a person has been
		  convicted of two (2) or more offenses related to the use of alcohol under the
		  laws of this state or similar laws of any other state or of the United States
		  within the three (3) year period immediately preceding the date on which the
		  application, renewal, or transfer is submitted; or
(3) That a person has been convicted of an
		  alcohol-related offense while a handgun was in his or her possession within the
		  last three (3) years;
(g) "
Chronically and habitually abuses
		  controlled substances
" means :
(1)
		  That a person's normal faculties are impaired. This is presumed if the
		  applicant has been voluntarily or involuntarily committed to a treatment
		  facility for the abuse of a controlled substance within the three-year (3)
		  period immediately preceding the date on which the application, renewal or
		  transfer is submitted; or
(2) has
		  been convicted of a crime under the provisions of the Uniform Controlled
		  Substances Act, ACA §§
										5-64-101
et
		  seq.,
or similar laws of Arkansas or any other state or the United
		  States relating to controlled substances within the three-year (3) period
		  immediately preceding the date on which the application, renewal, or transfer
		  is submitted;
(h)
		  "
Concealed
" means to cover from observation so as to prevent
		  public view;
(i)
"Convicted
" means that a person pleaded guilty or
nolo
		  contendere
to or was found guilty of an offense;
(j)
"Crime of Violence
"
		  includes but is not limited to murder, rape and sexual assault, robbery, and
		  assault;
(k)
"Department"
means the Department of Arkansas State
		  Police;
(l)
"Director
" means the Director of the Department of Arkansas State Police;
(m) "
Documentation"
means
		  information as may be required to determine the applicant's qualifications.
		  Documentation includes written materials that are able to be independently
		  verified as true and correct by the Department. The most reliable documentation
		  of a disposition from a court is a copy certified by the court clerk or the
		  keeper of the record.
A seal or expungement order for a felony conviction in Arkansas
			 where the crime occurred prior to April 7, 1971, will be considered void by the
			 Department.
A valid seal or expungement order for an Arkansas felony
			 conviction when the crime was committed after March 13, 1995, shall be reviewed
			 by the Department, but will not restore firearms rights unless a gubernatorial
			 or presidential pardon is received specifically restoring firearms possession
			 rights.
A valid seal or expungement order for an Arkansas felony
			 conviction when the crime was committed prior to March 13, 1995, shall be
			 reviewed and, unless void or causes a prohibition under federal law, shall be
			 honored by the Department;
(n)
"Duplicate License"
means a
		  license to carry a concealed handgun which has been issued to a licensee to
		  replace the previously-issued license;
(o) "
Firearms Safety Training
		  Instructor
" or
"Instructor"
means any person who has been
		  registered by the Director to instruct the training requirements for a licensee
		  to carry a concealed handgun under the provisions of Arkansas law and these
		  Rules;
(p)
"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;
(q)
''Hearing Officer"
means the Director of Arkansas State Police or
		  his/her designated representative acting in issues of adjudication as outlined
		  in the Arkansas Administrative Procedure Act, as amended;
(r)
"Licensee
" means a person
		  who has been issued a concealed handgun carry license under the provisions of
		  ACA §§
									5-73-301,
et
		  seq.,
and these Rules;
(1)
		  Restricted - allows the person to carry any legal handgun other than a
		  semiautomatic handgun. The licensee must establish proficiency in the use of a
		  handgun other than a semiautomatic handgun; or
(2) Unrestricted - allows the person to carry
		  any legal handgun. The licensee must establish proficiency in the use of a
		  semiautomatic handgun;
(s)
"Possession
" means, for the
		  purposes of these Rules, any actual or constructive possession, to include but
		  not be limited to areas within the passenger compartment of any vehicle,
		  including glove boxes, containers, or on the person, unless excluded below.
(1) "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 where a space outside the
		  passenger compartment or a trunk does not exist, then the handgun shall be
		  unloaded and in a locked container and the ammunition physically separated from
		  the handgun, so that both are not readily accessible to any occupant of the
		  vehicle while the vehicle is in motion;
(2) "Carrying a handgun", as stated in ACA
		  §
										5-73-312(c),
		  is included in the term "possession";
(t)
"Registration''
means a
		  certificate granted to an instructor permitting him/her to instruct the
		  firearms safety training provisions outlined in these Rules;
(u)
"Resident"
means an
		  individual who possesses a valid Arkansas driver's license with an Arkansas
		  address listed thereon and who has established domicile as evidenced by the
		  intent to make Arkansas his or her fixed and permanent home;
(v)
"Training"
means the
		  training requirements set forth in these Rules 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
			 a person qualified as provided 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 valid
			 throughout the state for a period of five (5) years from the date of issuance,
			 unless suspended, cancelled or revoked under these Rules.
Rule 1.5
Exemptions - Law
		  Enforcement
(a) If a
		  certified law enforcement officer, chief of police, or sheriff is authorized to
		  carry a handgun under ACA §
									12-15-201
		  and §
									12-15-202,
		  the provisions of the concealed handgun carry license law (ACA §§
									5-73-301
et
		  seq.)
and these Rules do not apply to those persons carrying concealed
		  under those sections.
(b) An
		  auxiliary law enforcement officer shall not fall within the provisions of the
		  concealed handgun carry license law (ACA §§ 5-7-301
et
		  seq.)
and these Rules when:
(1) The
		  auxiliary law enforcement officer has completed the minimum training
		  requirements; and
(2) He or she is
		  certified as an auxiliary law enforcement officer in accordance with the
		  Arkansas Law Enforcement Standards and Training Commission; and
(3) He or she is specifically authorized in
		  writing by the auxiliary law enforcement officer's chief of police or sheriff.
		  The authorization prescribed herein shall be carried on the person of the
		  auxiliary law enforcement officer 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 herein.
(c) Concealed handgun carry licenses issued
		  to a former elected or appointed sheriff of any county of this state shall:
(1) Be renewed every five (5) years;
		  and
(2) Be revocable on the same
		  grounds as other licenses; and
(3)
		  Meet the same qualifications as all other applicants, other than the fee
		  prescribed by ACA §
										5-73-311(a)(2)
		  and other than the training requirements of ACA §
										5-73-309(11)
		  for issuance.
(d)
		  Retired city, county, state, or federal law enforcement officers shall be
		  exempt from the length of residence requirement.
Rule 1.6
Penalty for false
		  response or document
Submitting false answers or false documentation shall subject the
			 applicant to the following:
(a)
		  Criminal penalty
Any 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, upon conviction is guilty of a
			 Class B misdemeanor; or
(b)
		  Non-criminal penalty
Any 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, is precluded from any license
			 being issued to the applicant; and is subject to immediate revocation if the
			 license has already been issued.