Title 5, Criminal Offenses

(1) Section 5-73-104 shall not be construed to prohibit the manufacture, repair, transportation, or sale of the weapons enumerated in § 5-73-104 to or for an authorized representative of:(1) The United States Armed Forces; or(2) Any law enforcement agency. (1) The United States A…

(a) A person commits the offense of defacing a firearm if he or she knowingly removes, defaces, mars, covers, alters, or destroys the manufacturer's serial number or identification mark of a firearm. (b) Defacing a firearm is a Class D felony.

(a) A person commits the offense of possession of a defaced firearm if he or she knowingly possesses a firearm with a manufacturer's serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed. (b) It is a defense to a …

(a) (1) A person commits the offense of criminal possession of explosive material or a destructive device if the person:(A) Sells, possesses, manufactures, transfers, or transports explosive material or a destructive device; and(B) Either:(i) Has the purpose of using that explosi…

(a) A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for general super…

(a) Subject to constitutional limitation, nothing in this section and §§ 5-73-101 — 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irrespo…

(a) As used in this section:(1) “Ammunition” means any cartridge, shell, or projectile designed for use in a firearm;(2) “False information” means information that portrays an unlawful transaction as lawful or a lawful transaction as unlawful;(3) “Licensed dealer” means a person …

(a) As used in this section:(1) “Certification” means the participation and assent of the chief law enforcement officer or his or her designee necessary under federal law for the approval of an application to transfer or manufacture a firearm; and(2) “Firearm” means the same as d…

(a) (1) No person in this state under eighteen (18) years of age shall possess a handgun.(2) (A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor.(B) A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously:(i) B…

(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 attempt to unlawfully employ the handgun, knife, or …

(a) (1) Except as provided in § 5-73-322, § 5-73-306(5), § 16-21-147, and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a mem…

(a) (1) Except as otherwise provided in this section, any person who knowingly carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon …

(a) The sale of shotguns and rifles and ammunition in this state to residents of other states is authorized under regulations issued by the United States Attorney General under the Gun Control Act of 1968, 18 U.S.C. § 921 et seq., as in effect on January 1, 2009. (b) A resident o…

(a) It is unlawful for any person to install or maintain a booby trap upon his or her own property or any other person's property. (b) As used in this section, “booby trap” means a device designed to cause death or serious physical injury to a person. (c) Any person who pleads gu…

(a) (1) The court shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for a person within twenty-four (24) hours after the plea or finding, if a person who is less than nineteen (19) years of age at the time of the c…

(a) A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person whom he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony. (b) A person commits…

(a) If a person under eighteen (18) years of age is unlawfully in possession of a firearm, the firearm shall be seized and, after an adjudication of delinquency or a conviction, is subject to forfeiture. (b) If a felon or a person under eighteen (18) years of age is unlawfully in…

(a) A person commits the offense of possession or use of weapons by incarcerated persons if, without approval of custodial authority he or she uses, possesses, makes, repairs, sells, or otherwise deals in any weapon, including, but not limited to, any bomb, firearm, knife, or oth…

(a) A person shall not sell, rent, or transfer a firearm to any person whom he or she knows is prohibited by state or federal law from possessing the firearm. (b) (1) Violation of this section is a Class A misdemeanor, unless the firearm is:(A) A handgun;(B) An explosive or incen…

(a) As used in this section, “taser stun gun” means any device that:(1) Is powered by an electrical charging unit such as a battery; and(2) Either:(A) Emits an electrical charge in excess of twenty thousand (20,000) volts; or(B) Is otherwise capable of incapacitating a person by …

This subchapter may be cited as the “Uniform Machine Gun Act”.

(1) As used in this subchapter:(1) “Crime of violence” means any of the following crimes or an attempt to commit any of them:(A) Murder;(B) Manslaughter;(C) Kidnapping;(D) Rape;(E) Mayhem;(F) Assault to do great bodily harm;(G) Robbery;(H) Burglary;(I) Housebreaking;(J) Breaking …

This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Possession or use of a machine gun for offensive or aggressive purpose is declared to be a crime punishable by imprisonment in the state penitentiary for a term of not less than ten (10) years.

(a) Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose:(1) When the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun may be found;(2) W…

The presence of a machine gun in any room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the machine gun is found.

(1) Nothing contained in this subchapter prohibits or interferes with:(1) The manufacture for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States, or the transportation required for that p…

(a) Every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer. (b) This register shall show:(1) The model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and oc…

Possession or use of a machine gun in the course of a criminal offense is a Class A felony.

(1) As used in this subchapter:(1) “Acceptable electronic format” means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on a concealed handgun license as clearly as an original concea…

(a) The Director of the Division of Arkansas State Police may issue a license to carry a concealed handgun to a person qualified as provided in this subchapter. (b) (1) For new licenses issued after July 31, 2007, the license to carry a concealed handgun is valid throughout the s…

The state, a county or city, or any employee of the state, county, or city is not liable for any civil damages resulting from the issuance of a license pursuant to a provision of this subchapter.

(a) (1) (A) A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun.(B) A former cer…

Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this subchapter, or who knowingly submits a false document when applying for a license issued pursuant to this subchapter upon conviction is guilty of a Class B misd…

(1) Except as permitted under § 5-73-322(g), a license to carry a concealed handgun issued under this subchapter does not authorize a person to carry a concealed handgun into:(1) Any police station, sheriff's station, or Division of Arkansas State Police station;(2) An Arkansas H…

(a) The Division of Arkansas State Police shall maintain an automated listing of license holders, and this information shall be available online, upon request, at any time, to any law enforcement agency through the Arkansas Crime Information Center. (b) Nothing in this subchapter…

(a) (1) (A) The Director of the Division of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon.(B) The directo…

(1) The Director of the Division of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant:(1) Is a citizen of the United States or a permanent legal resident;(2) (A) Is a resident of the state and has been a resident continuously for ninety (90…

(1) The application for a license to carry a concealed handgun shall be completed, under oath, on a form promulgated by the Director of the Division of Arkansas State Police and shall include only:(1) The name, address, place and date of birth, race, and sex of the applicant;(2) …

(a) The applicant for a license to carry a concealed handgun shall submit the following to the Division of Arkansas State Police:(1) A completed application, as described in § 5-73-310;(2) A nonrefundable license fee of fifty dollars ($50.00), except that:(A) The nonrefundable li…

(a) (1) A license to carry a concealed handgun issued under this subchapter shall be revoked if the licensee becomes ineligible under the criteria set forth in § 5-73-308(a) or § 5-73-309.(2) (A) Any law enforcement officer making an arrest of a licensee for a violation of this s…

(a) Except as provided in subdivision (f)(1) of this section, the licensee may renew his or her license no more than ninety (90) days prior to the expiration date by submitting to the Division of Arkansas State Police:(1) A renewal form prescribed by the division;(2) A verified s…

(a) Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license to carry a concealed handgun lost, the licensee shall notify the Director of the Division of Arkansas State Police in writing of the change or loss. (b) If a l…

(a) Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun. (b) The licensee shall:(1) Carry the license, or an electronic copy of the license in an acceptable electronic format, together with valid identification, at any time whe…

Any fee collected by the Division of Arkansas State Police pursuant to this subchapter shall be deposited into the Division of Arkansas State Police Fund.

The Director of the Division of Arkansas State Police may promulgate rules to permit the efficient administration of this subchapter.