imported post
I'm also going to be traveling through AR soon, so I've begun doing some research.
I'm not an attorney and am not offering legal advice. If you want legal advice, consult an attorney in Arkansas.
I found the following code on the
Arkansas State Legislature Web Site, Title 5 (Criminal Offenses)
It seems to me that, although AR has a law that permits the carrying of a weapon when "on a journey," that is just a "defense to a prosecution." I'd be wary of carrying a firearm while traveling through AR without a license/permit, such as my Virginia CHP. If I didn't have a permit, I would transport my firearm(s) through AR per 18 USC 926A.
Select sections included here:
5-73-120. Carrying a weapon.
5-73-127. Possession of loaded center-fire weapons in certain areas.
5-73-306. Prohibited places.
5-73-321. Recognition of other states' licenses.
5-73-120. Carrying a weapon.
(a) A person commits the offense of carrying a weapon if he or she possesses a handgun,
knife, or club on or about his or her person, in a vehicle occupied by him or her, or
otherwise readily available for use with a purpose to employ the handgun, knife, or club
as a weapon against a person.
(b) As used in this section:
(1) “Club” means any instrument that is specially designed, made, or adapted for
the purpose of inflicting serious physical injury or death by striking, including a
blackjack, billie, and sap;
(2) “Handgun” means any firearm with a barrel length of less than twelve inches
(12′′) that is designed, made, or adapted to be fired with one (1) hand; and
(3) (A) “Knife” means any bladed hand instrument that is capable of inflicting
serious physical injury or death by cutting or stabbing.
(B) “Knife” includes a dirk, sword or spear in a cane, razor, ice pick,
throwing star, switchblade, and butterfly knife.
(c) It is a defense to a prosecution under this section that at the time of the act of carrying
a weapon:
(1) The person is in his or her own dwelling, place of business, or on property in
which he or she has a possessory or proprietary interest;
(2) The person is a law enforcement officer, correctional officer, or member of
the armed forces acting in the course and scope of his or her official duties;
(3) The person is assisting a law enforcement officer, correctional officer, or
member of the armed forces acting in the course and scope of his or her official duties
pursuant to the direction or request of the law enforcement officer, correctional officer, or
member of the armed forces;
(4) The person is 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;
(5) The person is a licensed security guard acting in the course and scope of his
or her duties;
(6) The person is hunting game with a handgun that may be hunted 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;
(7) The person is a certified law enforcement officer; or
(8) The person is in a motor vehicle and the person has a license to carry a
concealed weapon pursuant to § 5-73-301 et seq.
(d) (1) Any person who carries a weapon into an establishment that sells alcoholic
beverages is guilty of a misdemeanor and subject to a fine of not more than two thousand
five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both.
(2) Otherwise, carrying a weapon is a Class A misdemeanor.
History. Acts 1975, No. 696, § 1; 1981, No. 813, § 1; A.S.A. 1947, § 41-3151; Acts
1987, No. 266, § 1; 1987, No. 556, § 1; 1987, No. 734, § 1; 1995, No. 832, § 1; 2003, No.
1267, § 2; 2005, No. 1994, § 293.
Publisher's Notes. Acts 1995, No. 832, became law without the Governor's signature.
Amendments. The 2003 amendment added “unless the journey ... lawfully declared weapon” to
the end of (c)(4).
The 2005 amendment, in (a), inserted “or her” twice and “or she”; and substituted “correctional
officer” for “prison guard” in (c)(2) and twice in (c)(3).
Research References
ALR.
Validity of airport security measures. 125 A.L.R.5th 281.
Ark. L. Rev.
Act 696: Robbing the Hunter, or Hunting the Robber? 29 Ark. L. Rev. 570.
Case Notes
Constitutionality.
Construction.
Purpose.
Assisting Law Enforcement Officers, Etc.
Evidence and Proof.
Indictment.
Lawful Use.
Length of Time Carried.
Mail Carriers.
Occupied Vehicle.
Own Dwelling, Property, Etc.
Persons Upon a Journey.
Use as a Weapon.
Constitutionality.
The state may, as a matter of its police power, place appropriate restriction on one's right to bear
arms. Jones v. State, 314 Ark. 383, 862 S.W.2d 273 (1993), cert. denied, Jones v. Arkansas, 512
U.S. 1237, 114 S. Ct. 2743 (1994).
The simultaneous possession statute, § 5-74-106, does not unconstitutionally overlap or conflict
with this section. Johnson v. State, 333 Ark. 673, 972 S.W.2d 935 (1998).
Construction.
The primary differences between this section and § 5-73-121 are (1) § 5-73-121 contains no
specific element of purpose to use the knife as a weapon against another person; (2) § 5-73-121
carries a three-month maximum term in jail as compared to one year for violation of this section;
and (3) § 5-73-121 includes a presumption of guilt if the knife's blade is three-and-one-half inches
in length. Garcia v. State, 333 Ark. 26, 969 S.W.2d 591 (1998).
Purpose.
Former section prohibiting the wearing or carrying of certain weapons was intended to prevent
the carrying of a pistol with a view of being armed and ready for offense or defense in case of
conflict with a person or wantonly going armed. Allison v. State, 161 Ark. 304, 256 S.W. 42 (1923)
(decision under prior law).
Assisting Law Enforcement Officers, Etc.
For cases discussing the use of armed services weapons, see McDonald v. State, 83 Ark. 26,
102 S.W. 703 (1907); Blacknall v. State, 90 Ark. 570, 119 S.W. 1119 (1909); Henderson v. State,
91 Ark. 224, 120 S.W. 966 (1909) (preceding decisions under prior law).
Evidence that the defendant was deputized by the town marshal to assist in preventing an
expected disturbance which did not occur did not bring his act of carrying a pistol within the
exception, as the marshal was not engaged in guarding prisoners. Allison v. State, 161 Ark. 304,
256 S.W. 42 (1923) (decision under prior law).
Evidence and Proof.
It was not necessary to prove that the pistol was loaded. State v. Wardlaw, 43 Ark. 73 (1884)
(decision under prior law).
Evidence held sufficient to support conviction. Clark v. State, 253 Ark. 454, 486 S.W.2d 677
(1972) (decision under prior law).
Where defendant possessed a knife bearing a double-edged, nearly five-inch blade which was
concealed under his shirt and in the small part of his back, the knife was described as a gang-
type weapon, and defendant offered no explanation for having the knife concealed on his person,
evidence of violation of subsection (a) of this section held sufficient. Nesdahl v. State, 319 Ark.
277, 890 S.W.2d 596 (1995).
Arrest of driver for violation of this section, after being stopped and searched because the car had
no license plates, upheld. United States v. Peyton, 108 F.3d 876 (8th Cir. 1997).
Evidence was sufficient to support a conviction for carrying a weapon where the defendant,
without a permit, had in her vehicle and in her possession a handgun, and she pointed the gun at
another person, which was evidence that the purpose of the handgun was for use against a
person. Dillehay v. State, 74 Ark. App. 100, 46 S.W.3d 545 (2001).
Indictment.
Indictment held sufficient. State v. Masner, 150 Ark. 469, 234 S.W. 474 (1921) (decision under
prior law).
Lawful Use.
Carrying a pistol to kill hogs was not a violation of former section prohibiting the wearing or
carrying of certain weapons. Cornwell v. State, 68 Ark. 447, 60 S.W. 28 (1900) (decision under
prior law).
Length of Time Carried.
The weapon need not have been carried for any particular length of time. Henderson v. State, 91
Ark. 224, 120 S.W. 966 (1909); Thompson v. City of Little Rock, 194 Ark. 78, 105 S.W.2d 537
(1937) (preceding decisions under prior law).
Mail Carriers.
A mail carrier was not by reason of his occupation exempted from former section prohibiting the
wearing or carrying of certain weapons. Hathcote v. State, 55 Ark. 181, 17 S.W. 721 (1891)
(decision under prior law).
Occupied Vehicle.
Having a pistol in a glove compartment of an automobile was carrying a pistol. Stephens v. City of
Ft. Smith, 227 Ark. 609, 300 S.W.2d 14 (1957) (decision under prior law).
There was probable cause to search a car's dashboard compartment where the ammunition in
the car, the currency in the vents, and the configuration of the dashboard indicated a fair
probability that guns, or other contraband or evidence of a crime, would be found in the
dashboard compartment; defendant was held to possess the weapon found in the dashboard
compartment. United States v. Sample, 136 F.3d 562 (8th Cir. 1998).
Own Dwelling, Property, Etc.
The exception in regard to carrying weapons upon one's own premises only protected such as
have an estate or interest in the premises. Kinkead v. State, 45 Ark. 536 (1885) (decision under
prior law).
A tenant in possession of leased premises had such an interest that would have included him in
the exception; however, a lodger or renter who used premises in common with others did not
have such an interest that would bring him within the exception. Clark v. State, 49 Ark. 174, 4
S.W. 658 (1887) (decision under prior law).
A landlord had no right to carry weapons upon premises in possession of a tenant, although the
tenant was wrongfully detaining the same after the termination of his lease. Jones v. State, 55
Ark. 186, 17 S.W. 719 (1891) (decision under prior law).
A mere license to enter certain premises gave no right to carry weapons there. Lemmons v.
State, 56 Ark. 559, 20 S.W. 404 (1892) (decision under prior law).
Owner of fee in a highway was not entitled to carry weapons thereon. Moss v. State, 65 Ark. 368,
45 S.W. 987 (1898) (decision under prior law).
The word “business” in subsection (c)(1) does not include vehicular businesses, such as a taxi
cab or other motor vehicles used for commercial purposes. Boston v. State, 330 Ark. 99, 952
S.W.2d 671 (1997).
Persons Upon a Journey.
One who was going from home to a definite point distant enough to convey him beyond the circle
of his neighbors, and to detain him throughout the day, and not within the routine of his daily
business, was upon a journey within the meaning of the former exception. Davis v. State, 45 Ark.
359 (1885) (decision under prior law).
The exception to former statute prohibiting the wearing or carrying of certain weapons was
designed as a protection against the perils of the highway to which strangers were exposed, and
which were not supposed to exist among one's neighbors. Hathcote v. State, 55 Ark. 181, 17
S.W. 721 (1891) (decision under prior law).
Whether a mail carrier on his daily trip was making a journey within the meaning of the law was a
question of fact for a jury. Hathcote v. State, 55 Ark. 181, 17 S.W. 721 (1891) (decision under
prior law).
One who has been on a journey could not, after his return to his accustomed haunts, continue to
carry his pistol. Holland v. State, 73 Ark. 425, 84 S.W. 468 (1904) (decision under prior law).
A person, upon completing a journey, could not continue to carry a pistol upon stopping an hour
or so at the home of his relative. Ackerson v. State, 76 Ark. 301, 89 S.W. 550 (1905) (decision
under prior law).
One returning home from a town some miles distant where he knew only one person was upon a
journey. Ellington v. Town of Denning, 99 Ark. 236, 138 S.W. 453 (1911) (decision under prior
law).
Whether or not the accused was on a journey was a question for the jury. Collins v. State, 183
Ark. 425, 36 S.W.2d 75 (1931) (decision under prior law).
Where defendant was merely going from North Little Rock to Little Rock, the defendant, who was
charged with carrying a gun illegally, was not entitled to the defense of carrying a weapon when
upon a journey. Woodall v. State, 260 Ark. 786, 543 S.W.2d 957 (1976) (decision under prior
law).
Where there was no evidence in the record which indicated that by driving to a certain city and
back, defendant had traveled beyond the circle of his neighbors and general acquaintances,
making it necessary to defend against the perils of the highway, the court's failure to give an
instruction that being on a “journey” was a defense to the charge of carrying a prohibited weapon
did not constitute reversible error. Riggins v. State, 17 Ark. App. 68, 703 S.W.2d 463 (1986).
Use as a Weapon.
To sustain a conviction it was essential to show that the pistol was carried as a weapon and
whether it was so carried was a question for the jury. Wylie v. State, 131 Ark. 572, 199 S.W. 905
(1917) (decision under prior law).
Where pistol was loaded it could be presumed that it was placed in the glove compartment of
automobile as a weapon. Stephens v. City of Ft. Smith, 227 Ark. 609, 300 S.W.2d 14 (1957)
(decision under prior law).
There was a presumption of fact that the loaded pistol found by sheriff's officers under the front
seat of the car driven by appellant was placed there as a weapon, and while that presumption
may have been removed by proof offered by appellant, it was a question of fact for the jury to
resolve the truth and determine whether the pistol was carried as a weapon. Clark v. State, 253
Ark. 454, 486 S.W.2d 677 (1972) (decision under prior law).
There is a presumption that a loaded pistol is placed in a car as a weapon. McGuire v. State, 265
Ark. 621, 580 S.W.2d 198 (1979).
Cited: Duckins v. State, 271 Ark. 658, 609 S.W.2d 674 (Ct. App. 1980); Hutcherson v. State, 34
Ark. App. 113, 806 S.W.2d 29 (1991); Arkansas Game & Fish Comm'n v. Murders, 327 Ark. 426,
938 S.W.2d 854 (1997).
5-73-127. Possession of loaded center-fire weapons in certain areas.
(a) It is unlawful to possess a loaded center-fire weapon, other than a shotgun and other
than in a residence or business of the owner, in the following areas:
(1) Baxter County:
(A) That part bounded on the south by Highway 178, on the west and
north by Bull Shoals Lake, and on the east by the Central Electric Power Corporation
transmission line from Howard Creek to Highway 178;
(B) That part of Bidwell Point lying south of the east-west road which
crosses Highway 101 at the Presbyterian Church;
(C) That part of Bidwell Point lying west of Bennett's Bayou and north of
the east-west road which crosses Highway 101 at the Presbyterian Church;
(D) That part of Baxter County between:
(i) County Road 139 and Lake Norfork to the north and west;
(ii) County Road 151 and Lake Norfork to the north, west, and
south in the Diamond Bay area;
(iii) The Bluff Road and Lake Norfork to the west;
(iv) John Lewis Road (Timber Lake Manor) and Lake Norfork to
the west and south;
(v) The south end of County Road 91 south of its intersection with
John Lewis Road and Lake Norfork to the south and east; and
(vi) County Road 150 from its intersection with County Road 93
south and Lake Norfork to the south and east but not east of County Road 93;
(2) Benton County:
(A) That part of the Hobbs Estate north of State Highway 12, west of
Rambo Road, and south and east of Van Hollow Creek and the Van Hollow Creek arm of
Beaver Lake;
(B) All of Bella Vista Village; and
(C) That part bounded on the north by Beaver Lake, on the east by Beaver
Lake, on the south by the Hobbs State Management Area boundary from the intersection
of State Highway 12 eastward along the boundary to its intersection with the Van Hollow
Creek arm of Beaver Lake;
(3) Benton and Carroll Counties: That part bounded on the north by Highway 62,
on the east by Highway 187 and Henry Hollow Creek, and the south and west by Beaver
Lake and the road from Beaver Dam north to Highway 62;
(4) Conway County: That part lying above the rimrock of Petit Jean Mountain;
(5) Garland County: All of Hot Springs Village and Diamondhead;
(6) Marion County:
(A) That part known as Bull Shoals Peninsula, bounded on the east and
north by White River and Lake Bull Shoals, on the west by the Jimmie Creek arm of
Lake Bull Shoals, and on the south by the municipal boundaries of the City of Bull
Shoals;
(B) That part of Marion County bounded on the north, west, and south by
Bull Shoals Lake and on the east by County Roads 355 and 322 from their intersections
with State Highway 202 to the points where they respectively dead-end at arms of Bull
Shoals Lake;
(C) The Yocum Bend Peninsula of Bull Shoals Lake bounded on the
north and east by Bull Shoals Lake, on the west by Pine Mountain and Bull Shoals Lake,
and on the south by County Road 30; and
(D) Those lands situated in Marion County known as the Frost Point
Peninsula, not inundated by the waters of Bull Shoals Lake, being more particularly
described as follows:
(i) Section Six, Township Twenty North, Range Fifteen West,
(Sec. 6 — T.20 N. — R.15 W.), lying south of the White River channel;
(ii) Section One, Township Twenty North, Range Sixteen West,
(Sec. 1 — T.20 N. — R.16 W.); and
(iii) East Half of Section Two, Township Twenty North, Range
Sixteen West, (E 1⁄2 Sec. 2 — T.20 N. — R.16 W.); North Half of the Northeast Quarter
of Section Eleven, Township Twenty North, Range Sixteen West (N 1⁄2 — NE 1⁄4 Sec. 11
— T.20 N. — R.16 W.); and
(7) A platted subdivision located in an unincorporated area.
(b) Nothing contained in this section shall be construed to limit or restrict or to make
unlawful the discharge of a firearm in defense of a person or property within the areas
described in this section.
(c) A person who is found guilty or who pleads guilty or nolo contendere to violating
this section is guilty of a violation and shall be fined no less than twenty-five dollars
($25.00) nor more than five hundred dollars ($500).
(d) This section does not apply to a:
(1) Law enforcement officer in the performance of his or her duties;
(2) Discharge of a center-fire weapon at a firing range maintained for the
discharging of a center-fire weapon; or
(3) Person possessing a valid concealed handgun license under § 5-73-301 et seq.
History. Acts 1985, No. 515, §§ 1-3; 1987, No. 829, § 1; 1989, No. 63, § 1; 1991, No.
148, § 1; 1991, No. 731, § 1; 1993, No. 1099, § 1; 2007, No. 52, § 1; 2009, No. 748, § 40.
A.C.R.C. Notes. Though the amendment by Acts 1987, No. 829, to Acts 1985, No. 515, omitted
subsections (b)-(d) of this section, it does not appear that the General Assembly intended to
repeal those subsections by the enactment of Acts 1987, No. 829.
Amendments. The 2007 amendment added “and” at the end of (a)(2)(B); and added (d)(3) and
made related and stylistic changes.
The 2009 amendment inserted “is guilty of a violation and” in (c), and made a minor stylistic
change.
5-73-306. Prohibited places.
No license to carry a concealed handgun issued pursuant to this subchapter authorizes
any person to carry a concealed handgun into:
(1) Any police station, sheriff's station, or Department of Arkansas State Police
station;
(2) Any Arkansas Highway Police Division of the Arkansas State Highway and
Transportation Department facility;
(3) (A) Any building of the Arkansas State Highway and Transportation
Department or onto grounds adjacent to any building of the Arkansas State Highway and
Transportation Department.
(B) However, subdivision (3)(A) of this section does not apply to a rest
area or weigh station of the Arkansas State Highway and Transportation Department;
(4) Any detention facility, prison, or jail;
(5) Any courthouse;
(6) (A) Any courtroom.
(B) However, nothing in this subchapter precludes a judge from carrying
a concealed weapon or determining who will carry a concealed weapon into his or her
courtroom;
(7) Any polling place;
(8) Any meeting place of the governing body of any governmental entity;
(9) Any meeting of the General Assembly or a committee of the General
Assembly;
(10) Any state office;
(11) Any athletic event not related to firearms;
(12) Any portion of an establishment, except a restaurant as defined in § 3-9-202,
licensed to dispense alcoholic beverages for consumption on the premises;
(13) Any portion of an establishment, except a restaurant as defined in § 3-9-202,
where beer or light wine is consumed on the premises;
(14) Any school, college, community college, or university campus building or
event, unless for the purpose of participating in an authorized firearms-related activity;
(15) Inside the passenger terminal of any airport, except that no person is
prohibited from carrying any legal firearm into the passenger terminal if the firearm is
encased for shipment for purposes of checking the firearm as baggage to be lawfully
transported on any aircraft;
(16) Any church or other place of worship;
(17) Any place where the carrying of a firearm is prohibited by federal law;
(18) Any place where a parade or demonstration requiring a permit is being held,
and the licensee is a participant in the parade or demonstration; or
(19) (A) Any place at the discretion of the person or entity exercising control
over the physical location of the place by placing at each entrance to the place a written
notice clearly readable at a distance of not less than ten feet (10′) that “carrying a
handgun is prohibited”.
(B) (i) If the place does not have a roadway entrance, there shall be a
written notice placed anywhere upon the premises of the place.
(ii) In addition to the requirement of subdivision (19)(B)(i) of this
section, there shall be at least one (1) written notice posted within every three (3) acres of
a place with no roadway entrance.
(C) A written notice as described in subdivision (19)(A) of this section is
not required for a private home.
(D) Any licensee entering a private home shall notify the occupant that
the licensee is carrying a concealed handgun.
History. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 2; 2003, No.
1110, § 1; 2007, No. 664, § 2; 2009, No. 294, § 28.
Amendments. The 2003 amendment deleted (a)(11) and redesignated the remaining
subdivisions accordingly; inserted “except a restaurant as defined in § 3-9-402” in (a)(12) and
(a)(13); redesignated (b)(1) as (b)(1)(A) and added “at each entrance to the location”; added
(b)(1)(B); and made a minor stylistic change.
The 2007 amendment deleted the (a) designation; substituted “state office” for “building where a
state office is located” in (10); inserted (18); redesignated (b) as (19); substituted “Any” for “In
addition to a place enumerated in this section, the carrying of a concealed handgun may be
disallowed in any” in (19)(A); substituted “In addition to the requirement of subdivision (19)(B)(i) of
this section, there” for “However, there” in (19)(B)(ii); substituted “A written notice as described in
subdivision (19)(A) of this section is not” for “However, no sign is” in (19)(C); deleted former (c);
and made related changes.
The 2009 amendment substituted “§ 3-9-202” for “§ 3-9-402” in (12) and (13).
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2003 Arkansas General Assembly, Criminal Law, Weapons, 26 U. Ark.
Little Rock L. Rev. 370.
5-73-321. Recognition of other states' licenses.
(a) 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 if the state that issued the license to carry a concealed
handgun recognizes a license to carry a concealed handgun issued under this subchapter.
(b) The Director of the Department of Arkansas State Police shall:
(1) Make a determination as to which states' licenses to carry concealed handguns
will be recognized in Arkansas and provide that list to every law enforcement agency
within the state; and
(2) Revise the list from time to time and provide the revised list to every law
enforcement agency in this state.
History. Acts 2009, No. 748, § 43.
