Arkansas State Law Summary

For general information on each policy, click the heading for that policy.  Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Arkansas, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Arkansas has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Under Arkansas Code Annotated § 5-73-103(a), no person shall possess or own any firearm if he or she has been:

• Convicted of a felony (including cases where the sentence is suspended or the defendant is placed on probation; see § 5-73-103(b));

• Adjudicated mentally ill; or

• Committed involuntarily to any mental institution.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed weapons permits issued on or after April 1, 1999 qualify as exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Arkansas Carrying Firearms section.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks, although federal and state purchaser prohibitions still apply.  See the Arkansas Private/Secondary Sales section.

No relevant statutes currently exist.

Possession Restrictions

Arkansas prohibits any person, whether or not he or she possesses a license to carry a concealed handgun, from possessing a handgun on or about his or her person, in a vehicle, or otherwise "readily available for use with a purpose to employ [it] as a weapon against a person." Ark. Code Ann. § 5-73-120(a). Any person who carries a handgun into an establishment that sells alcoholic beverages shall be guilty of a misdemeanor. Section 5-73-120(d)(1).

Pursuant to section 5-73-120(c), it is a defense to prosecution under section 5-73-120 that at the time of the act of carrying a handgun, the person is:

• In his or her own dwelling, place of business (excluding a "vehicular business" such as a taxi cab or other motor vehicle used for commercial purposes; see Boston v. State, 952 S.W.2d 671 (Ark. 1997)), or on property in which he or she has a possessory or proprietary interest;

• A law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties;

• Assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of official duties pursuant to [their] direction or request;

• 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 (see Riggins v. State, 703 S.W.2d 463, 464 (Ark. Ct. App. 1986), "[a] journey has long been defined as 'where one travels a distance from home sufficient to carry him beyond the circle of his neighbors and general acquaintances and outside of the routine of his daily business...'" (citations omitted));

• A licensed security guard acting in the course and scope of his or her duties;

• Hunting game with a handgun under rules and regulations of the Arkansas State Game and Fish Commission, or is en route to or from a hunting area for the purpose of hunting game with a handgun;

• A certified law enforcement officer; or

• In a motor vehicle and with a valid license to carry a concealed weapon pursuant to § 5-73-301 et seq.

No person shall possess a handgun on the property of any private or publicly-supported institution of higher education, either on his or her person, in a vehicle, or otherwise readily available for use with the purpose to employ it as a weapon against a person. Section 5-73-119(c)(1). The Arkansas Attorney General has opined that persons licensed to carry a concealed handgun are governed by the more narrow possession restrictions of section 5-73-306(a)(14); see the Location Limits subsection, below. Ark. Op. Att'y Gen. No. 2003-372 (2003), 2003 Ark. AG LEXIS 407.

Under section 5-73-119(b)(1), Arkansas prohibits the possession of a firearm, concealed or unconcealed:

• Upon the developed property of the public or private schools, K-12;

• In or upon any school bus; or

• At a designated bus stop as identified on the route lists published by school districts each year.

Section 5-73-122(a)(1), (2) prohibits any person (other than a law enforcement officer, a security guard employed by the state or any city or county, or military personnel) from knowingly carrying or possessing:

• A loaded firearm in any publicly owned building or facility or on the State Capitol grounds; or

• A firearm, whether loaded or unloaded, in the State Capitol Building or the Justice Building in Little Rock.

The provisions of this subsection do not apply to persons carrying or possessing firearms:

[I]n a publicly owned building or facility or on the State Capitol grounds for the purpose of participating in shooting matches or target practice under the auspices of the agency responsible for the building or facility or grounds or if necessary to participate in trade shows, exhibits, or educational courses conducted in the building or facility or on the grounds.

Section 5-73-122(a)(3).

As used in section 5-73-122, "facility" means municipally-owned or maintained parks, football fields, baseball fields, soccer fields, and other similar municipally owned or maintained recreational structures and property. Section 5-73-122(a)(4). The Arkansas Attorney General has opined that a concealed handgun licensee is allowed to carry a concealed handgun in a municipal park, unless the municipality has prohibited concealed carry by posting signs pursuant to section 5-73-306(b)(1). Ark. Op. Att'y Gen. No. 2003-244, 2003 Ark. AG LEXIS 254.

Arkansas also generally prohibits any person from possessing a handgun in the courtroom of any state court. Section 5-73-122(b).

Arkansas prohibits the possession of any loaded center-fire weapon, other than a shotgun, and other than in a residence or business of the owner, in certain parts of: Baxter County, Benton County, Carroll County, Conway County, Garland County, Marion County, and platted subdivisions located in unincorporated areas. Section 5-73-127.

Finally, Arkansas prohibits the possession of firearms in or on the physical facilities of any alcohol or drug abuse treatment program. 016-04-004 Ark. Code R. § 1.06.05.

Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.

     Transportation of Firearms

Arkansas prohibits any person from possessing a handgun in a vehicle or otherwise "readily available for use with a purpose to employ [it] as a weapon against a person." Ark. Code Ann. § 5-73-120(a).

     Concealed Weapons Licensing Requirements

Arkansas is a “shall issue” state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications. Arkansas Code Annotated § 5-73-309(1), the Director of the Department of Arkansas State Police (“the Director” and “State Police”) shall issue a license to carry a concealed handgun if the applicant:

• Is a citizen of the United States;

• Has been a resident of Arkansas the past 12 months or longer;

• Is 21 years of age or older;

• Does not suffer from a mental or physical infirmity which prevents the safe handling of a handgun and has not threatened or attempted suicide;

• Is not ineligible to possess a firearm by virtue of having been convicted of a felony, and is not subject to any federal, state or local law which makes it unlawful to receive, possess or transport any firearm, and has had his or her background checked through the FBI’s National Instant Criminal Background Check System;

• Does not chronically or habitually abuse controlled substances to the extent that his or her normal faculties are impaired (i.e., the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the of the Uniform Controlled Substances Act, § 5-64-101 et seq., or similar laws, within the last three years);

• Does not chronically and habitually use alcoholic beverages to the extent that his or her normal faculties are impaired (i.e., the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two or more offenses related to the use of alcohol within the last three years);

• Desires a legal means to carry a concealed handgun to defend himself or herself;

• Has not been adjudicated mentally incompetent;

• Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility;

• Is not a fugitive from justice;

• Has satisfactorily completed a training course as prescribed and approved by the Director; and

• Signs a statement of allegiance to the United States and Arkansas Constitutions.

For detailed provisions concerning the application and background check processes, including information required on the application form, please see sections 5-73-310 and 5-73-311.

The Director may deny a license to carry a concealed handgun if, within the preceding five years, the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor, or for the offense of carrying a weapon. Section 5-73-308(a). The Director may also deny a license pursuant to section 5-73-308(b), if the sheriff or chief of police of the applicant's place of residence 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 the result of the applicant’s mental or psychological state, 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.

The Director has 120 days to review the completed application, and in that period must issue the license or deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in section 5-73-301 et seq. Id.

When the State Police receives notification from any law enforcement agency or court that a licensee has been found guilty of, or has pled guilty or no contest to, any crime involving the use of a weapon, the license shall be immediately revoked. Section 5-73-312(b). In addition, the Director shall revoke the license of any licensee who has pleaded guilty or no contest to, or been found guilty of, an alcohol-related offense committed while carrying a handgun. Section 5-73-312(c).

The Director may revoke a license if the licensee has been found guilty of one or more crimes of violence within the preceding three years. Section 5-73-308(a)(1).

                    Disclosure or Use of Information

The State Police shall maintain an automated listing of license holders and such information shall be available on-line, upon request, at all times, to all law enforcement agencies through the Arkansas Crime Information Center. Section 5-73-307(a).

The State Police shall maintain the confidentiality of any medical records collected pursuant to the licensing process. Section 5-73-311(a)(4)(C).

                    Duration & Renewal

A license to carry a concealed handgun is valid for four years from the date of issue. Section 5-73-302(b). Those seeking to renew their license must pay a $35 renewal fee, and are subject to a new criminal background investigation. Section 5-73-313(b), (f).

                    Location Limits

Under section 5-73-306(a), a license to carry a concealed handgun does not authorize the licensee to carry a concealed handgun into:

• Any police, sheriff’s, State Police or Highway Police station or facility;

• Any buildings of the Arkansas State Highway and Transportation Department, or onto grounds adjacent to such buildings (except “rest areas and weigh stations”);

• Any detention facility, prison, or jail;

• Any courthouse or courtroom (see also § 5-73-122(b));

• Any polling place;

• Any meeting place of “the governing body of any governmental entity” or any meeting of the legislature or a committee thereof;

• Any building where a state office is located;

• Any athletic event not related to firearms;

• Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, or any portion of an establishment in which beer or light wine is consumed on the premises, excepting certain restaurants (see § 3-9-402);

• Any school, college, community college, or university campus building or event, unless for the purpose of participating in an authorized firearm-related activity (see also Ark. Op. Att'y Gen. No. 2003-372 (2003), 2003 Ark. AG LEXIS 407;

• The passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft;

• Any church or other place of worship; or

• Any place where the carrying of firearms is prohibited by federal law.

In addition, the carrying of a concealed handgun may be prohibited in any place, at the discretion of the person or entity exercising control over the physical location, by displaying a written notice "clearly readable" at a distance of not less than ten feet, and posted at each entrance to the location, stating that "carrying a handgun is prohibited." Section 5-73-306(b)(1)(A). No sign shall be required for private homes, and any licensee entering a private home must notify the occupants that he or she is carrying a concealed handgun. Section 5-73-306(b)(2).

No license issued pursuant to the concealed handgun provisions under section 5-73-301 et seq. shall authorize the participants in a parade or demonstration, for which a permit is required, to carry a concealed handgun. Section 5-73-306(c).

Concealed weapons permit/license holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

                    Reciprocity

Any person possessing a valid out-of-state license to carry a concealed handgun shall be entitled to the privileges and subject to the restrictions prescribed by Arkansas’ concealed handgun law (§ 5-73-301 et seq.), provided that the concealed handgun law of the state that issued the license is at least as restrictive as Arkansas’ concealed handgun law and the state that issued the license recognizes concealed handgun licenses issued by Arkansas. Section 5-73-401 (see also § 5-73-402). The Director shall make a determination as to which states’ permits will be recognized in Arkansas and provide the license reciprocity list to every law enforcement agency within the state. Id. The Director must also "revise the list from time to time and provide the revised list to every law enforcement agency in this state." Id.

Under section 5-73-319, a person who has a valid concealed weapons permit from another state who becomes a resident of Arkansas may use an abbreviated procedure to transfer that license to Arkansas.

                    Brady Exemption

Concealed weapons permit holders in Arkansas are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Arkansas Background Checks section.

Arkansas Code Annotated § 5-27-210(b) prohibits a parent of a minor (a person under 18 years of age, per § 5-25-101(4)), knowing that the minor is in illegal possession of a firearm in or upon: 1) the premises of a public or private school; 2) a public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted; or 3) a public park, playground, or civic center, from failing to either prevent the illegal possession or report the illegal possession to an appropriate school or law enforcement official.

For purposes of this provision, "parent" is defined as a parent, stepparent, legal guardian, or person in loco parentis or who has legal custody of a student pursuant to a court order and with whom the student resides. Section 5-27-210(a)(2).

State administrative regulations govern the storage of firearms in:

• Family foster homes (016-15-010 Ark. Code R. § 6.0(B)(7)(d));

• Child care family homes (016-22-004 Ark. Code R. § 1101(8)); and

• Registered child care family homes (016-22-007 Ark. Code R. § 1101(8)).

Arkansas does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Arkansas Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Arkansas Background Checks section.

Number of Federally Licensed Firearms Dealers

There are 1,117 federally licensed firearms dealers and pawnbrokers in Arkansas. Federal firearms licensee totals for Arkansas as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

No relevant statutes currently exist.

See the Arkansas Private/Secondary Sales section for state laws that apply at gun shows.

Arkansas Code Annotated §§ 14-16-504(b)(2) (regulating counties) and 14-54-1411(b)(2) (regulating municipalities) state that:

(A) A local unit of government [i.e., "a city, town, or county"; see § 14-16-504(a)] shall have no authority to bring suit and shall have no right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.

(B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas.

(C) Provided, this shall not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government.

A related statute, section 16-116-202, provides:

(a) A person or other public or private entity may not bring an action in tort, other than a product liability action, against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer for any remedy arising from physical or emotional injury, physical damage, or death caused by the discharge of a firearm, a nonpowder gun, or ammunition unless the action alleges that the physical or emotional injury, physical damage, or death was caused by the intentional or negligent discharge of a firearm, a nonpowder gun, or ammunition by the manufacturer, importer, or dealer.

(b) A firearm, a nonpowder gun, or ammunition manufacturer, importer, or dealer shall not be held liable as a third party for the actions of another person involving the use of a firearm, a nonpowder gun, or ammunition in any cause of action.

(c)(1) The court, upon the filing of a proper motion, shall dismiss any action brought against a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer, which the court determines is prohibited under subsection (a) or (b) of this section.

(2) Upon dismissal under this subsection, the court shall award reasonable attorney’s fees, in addition to costs, to each named defendant against whom the cause of action is dismissed.

(d)(1) Notwithstanding subsection (a) of this section, a firearms, nonpowder gun, or ammunition manufacturer, importer, or dealer may be sued in tort for any damages proximately caused by an act of the manufacturer, importer, or dealer in violation of a state or federal law or regulation.

(2) In any action brought under this subsection, the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant violated the state or federal law or regulation.

Regarding the proximate cause of injury in a product liability action involving firearms, nonpowder guns or ammunition, section 16-116-201 provides:

(a) In a product liability action, the actual discharge of a firearm, a nonpowder gun, or ammunition by a person shall be the proximate cause of injury, damage, or death resulting from the use of the product, and not the inherent capability to cause injury, damage, or death of the firearm, the nonpowder gun, or ammunition.

(b) The manufacturer’s, importer’s, or distributor’s mere placement of a firearm, a nonpowder gun, or ammunition into the stream of commerce shall not be conduct deemed sufficient to constitute the proximate cause of injury, damage, or death resulting from a person’s use of the firearm, the nonpowder gun, or ammunition.

(c) Even if the accidental discharge of the firearm or nonpowder gun is found to be foreseeable, the manufacturer’s, importer’s, or distributor’s mere placement of the firearm or nonpowder gun in the stream of commerce shall not be conduct deemed sufficient to constitute proximate cause in a product liability action concerning the accidental discharge of a firearm or nonpowder gun.

Section 16-116-203 permits a plaintiff to recover damages and other relief in an action in which the plaintiff proves that the proximate cause of the injury, damage, or death was:

(1) A defective firearm, a defective nonpowder gun, or defective ammunition that caused the firearm, nonpowder gun, or ammunition to be at variance with its design; or

(2) A defectively designed firearm, a defectively designed nonpowder gun, or defectively designed ammunition that did not function in the manner reasonably expected by the ordinary consumer of the firearm, nonpowder gun, or ammunition.

There are no cases interpreting sections 16-116-201, 16-116-202 or 16-116-203.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Generally, Arkansas Code Annotated § 5-73-119(a)(1) imposes a Class A misdemeanor upon any person under age 18 who possesses a handgun, although the crime becomes a Class D felony if the person has previously:

• Been adjudicated delinquent for a violation of this section;

• Been adjudicated delinquent for any offense which would be a felony if committed by an adult; or

• Pled guilty or no contest to, or been found guilty of, a felony in circuit court while under age 18.

For exceptions to these provisions, see section 5-73-119(e).

An applicant for a license to carry a concealed handgun must be 21 years of age or older. Section 5-73-309(2).

There is no minimum age to possess rifles and shotguns in Arkansas.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Arkansas, although federal and state purchaser prohibitions still apply.  See the Arkansas Background Checks section.

Any person furnishing a firearm to a minor (any person under 18 years of age; see Ark. Code Ann. § 5-73-101(9)) without the consent of a parent, guardian, or other person responsible for general supervision of the minor's welfare, is criminally liable for a Class A misdemeanor. Section 5-73-109(a). The crime becomes a Class B felony if the firearm is a handgun or other specified firearm. Section 5-73-109(b).

In addition, the state prohibits any person transferring or furnishing a handgun to another individual who the transferor knows has been found guilty of, or who has pleaded guilty or no contest to, a felony. Section 5-73-129.

No person shall sell, rent, or transfer a firearm to any person who he or she knows is prohibited by state or federal law from possessing the firearm. Section 5-73-132(a). A violation of this section is a Class A misdemeanor, unless the firearm is a handgun (or other specified firearm, such as a machine gun), in which case the violation rises to a Class B felony. Section 5-73-132(b).

No relevant statutes currently exist.

No relevant statutes currently exist.