841 et seq. No person shall sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to a person who is eighteen (18) years of age or under. Reasonable access to public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy those records shall not be denied to any citizen. Vote Now, Do You Support President Obamas Plans for Stricter Gun Control? A court shall award reasonable attorney's fees, costs, and trial-related expenses to a person in defense of a civil action brought by another person if the court finds that the person is immune from civil action as provided in this section. 63, 1; 1991, No. Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation; Unlawful receipt or possession of explosive material is a Class C felony. 268, 2; 2007, No. Receive breaking news and original analysis - sent right to your inbox. featuring summaries of federal and state (city, ZIP code or country) Find a Lawyer. The threat of any bodily impact, restraint, or confinement; "Unlawful physical force" means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and. 449, 7; 1999, No. Either the custodian, requester, or the subject of the records may immediately seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. 280, 3106; A.S.A. However, the veteran may not obtain a license to carry a concealed handgun under this subchapter until at least two (2) years after he or she completed mental health treatment in a mental health institution or mental health treatment facility. A felony conviction may result in a year or more in prison and/or larger fines. 562, 2, 3, 4, 5, No. 280, 3107; A.S.A. 539, 1; Acts 2019, No. Help us keep you informed about new legislation that could effect your right to bear arms. Such emergency ordinance shall not be effective for a period of more than twenty (20) days and shall be enacted by a two-thirds (2/3) majority of the governing body. It is a defense to prosecution under this subsection if at the time of the receiving or possessing the explosive material the person was acting within the scope of his or her employment with a business authorized to use explosive material. Vote Now. 80, 6; Pope's Dig., 3519; A.S.A. A prosecuting attorney and those deputy prosecuting attorneys designated by the prosecuting attorney may carry firearms. "Private university or private college" means an institution of higher education that is not a public university, public college, or community college as defined in 5-73-322. A digital photograph of the applicant or a release authorization to obtain a digital photograph of the applicant from another source. For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm); For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or. Code of Federal Regulations United States Code Paragould The petition shall be verified and shall set forth: A statement that the action is brought pursuant to this section; The law enforcement agency bringing the action; A description of the property sought to be forfeited; A statement that on or about a date certain there was an adjudication of delinquency or a conviction and a finding that the property seized is subject to forfeiture; A statement detailing the facts in support of subdivision (d)(1) of this section; and. If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter. Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system; Records pertaining to the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun, or a present or past licensee under 5-73-301 et seq., including without limitation all records provided to or obtained by a local, state, or federal government or their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee, and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee except that: Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and. Any presently employed certified law enforcement officer authorized by another state to carry a concealed handgun shall be entitled to the same privilege while in this state, but subject to the same restrictions of this section, provided that the state which has authorized the officer to carry a concealed handgun extends the same privilege to presently employed Arkansas-certified law enforcement officers. A place owned or operated by a private entity under this subdivision (19) includes without limitation: An establishment, except a restaurant as defined in 3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises; and, An establishment, except a restaurant as defined in 3-5-1202, where beer or light wine is consumed on the premises; or. A prosecuting attorney shall have the power to appoint deputy prosecuting attorneys and other employees at such salaries as are authorized in the grant awards from the Department of Finance and Administration's Drug Law Enforcement Program, Anti-Drug Abuse Act of 1986, Pub. A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section. The initial amount of the disaster response fund shall be in the amount of two million dollars ($2,000,000), solely for use to defray the cost of immediate emergency response. ), No. The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records. As used in this section, "taser stun gun" means any device that: Is powered by an electrical charging unit such as a battery; and, Emits an electrical charge in excess of twenty thousand (20,000) volts; or. 280, 3102; A.S.A. South Dakota 52, 1; 2009, No. A person may not discharge a firearm or bow and arrow within the right-of-way of an improved public highway at a . Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Department of Arkansas State Police. 781, 1-3. Monday, 29 December 2014 01:40 PM EST. Effective date. HISTORY: Acts 1995, No. Hosted by: American Legal Publishing Corporation. "Mental health institution or mental health treatment facility" means a public or private facility where a person may voluntarily admit himself or herself for mental health treatment; and. New Hampshire 1239, 8; 1999, No. The person has a license to carry a concealed handgun under 5-73-301 et seq. 1947, 41-3168 -- 41-3170; Acts 1993, No. PLEASE NOTE: All information presented on Newsmax.com is for informational purposes only. We very recently represented a client for discharging a firearm in an apartment on accident, which resulted in the bullet going through the wall into the next apartment. Up to date information can be found at http://www.lexisnexis.com/hottopics/arcode/Default.asp. HISTORY: Acts 1975, No. A person commits unlawful discharge of a firearm from a vehicle in the second degree if he or she recklessly discharges a firearm from a vehicle in a manner that creates a . "Certified law enforcement officer" means any appointed or elected law enforcement officer or county sheriff employed by a public law enforcement department, office, or agency who: Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; and, Has met the selection and training requirements for certification set by the Arkansas Commission on Law Enforcement Standards and Training; and. 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. 1101(a)(20), as it existed on January 1, 2009; In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. Otherwise the department shall approve or disapprove a security plan within ten (10) business days. 664, 1; 2007, No. HISTORY: Acts 2003, No. 280, 3108; A.S.A. The department shall maintain a list of licensees who have successfully completed a training course under subsection (g) of this section. Subsections (c) and (d) of this section shall not apply to a person who renews his or her license under subdivision (f)(1) of this section. Except as provided in 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. A publicly owned and maintained parking lot of a college, community college, or university if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle. This means it can be charged as a felony or as a Misdemeanor, based on your criminal history and the specific facts of your case. Nebraska 74, 1; 1994 (2nd Ex. A pregnant woman is justified in using physical force or deadly physical force against another person to protect her unborn child if, under the circumstances as the pregnant woman reasonably believes them to be, she would be justified under 5-2-606 or 5-2-607 in using physical force or deadly physical force to protect herself against the unlawful physical force or unlawful deadly physical force she reasonably believes to be threatening her unborn child. Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun. This Article II shall be interpreted in accordance with any sections of the General Statutes . Any police station, sheriff's station, or Department of Arkansas State Police station; Any Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department facility; 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. However, a law enforcement officer, officer of the court, or bailiff, or any other person authorized by the court, is permitted to possess a handgun in the courtroom of any court or a courthouse or a courthous of this state, except as permitted under 5-73-306(5), 5-73-306(6), or this section. HISTORY: Acts 1995, No. HISTORY: Acts 1995, No. 592, 1; 2005, No. It's not illegal to hunt within the city limits, but it is usually illegal to discharge a firearm within the city limits. 696, 1; 1997, No. It states the following: " [A]ny person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road . ), No. A person commits the offense of unlawful procurement of a firearm or ammunition if he or she knowingly: Solicits, persuades, encourages, or entices a licensed dealer or private seller to transfer a firearm or ammunition under unlawful circumstances; or. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution. HISTORY: Acts 1935, No. 1947, 41-507.2; Acts 2005, No. Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. A violation of subdivision (a)(1) of this section is a Class D felony if the person has previously: Been adjudicated delinquent for a violation of subdivision (a)(1) of this section; Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or. Except as provided in 5-73-322, a person in this state shall not possess a handgun upon the property of any private institution of higher education or a publicly supported institution of higher education in this state 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 as a weapon against a person. A licensee who intends to carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college is required to complete a training course approved by the Director of the Department of Arkansas State Police. 167.30(1) (1) Any person who shall discharge or cause the discharge of any missile from any firearm, slung shot, bow and arrow or other weapon, within 40 rods of any public park, square or enclosure owned or controlled by any municipality within this state and resorted to for recreation or pleasure, when such park, square or enclosure is wholly situated without the limits of such municipality . Vermont If it is necessary to separate exempt from nonexempt information in order to permit a citizen to inspect, copy, or obtain copies of public records, the custodian shall bear the cost of the separation. 105, 1, No. 1099, 1; 2007, No. It's likely a misdemeanor ordinance violation. A petitioner shall also provide the circuit court with a limited medical waiver that would allow the circuit court and the prosecuting attorney access to and the ability to request any medical record that concerns the petitioner's mental health treatment at issue. "Employee of a local detention facility" means a person who: Monitoring inmates in a local detention facility; or. 1226, 2; 2006 (1st Ex. 1100, 1-3; 1999, No. If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. (1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person. 148, 1; 1991, No. Except as otherwise specifically stated in this section, the license issued under this section is subject to the provisions of this subchapter and any rules promulgated under 5-73-317. An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun. 0 0 0. (c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property. Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer. A law enforcement officer is justified in using nondeadly physical force or threatening to use deadly physical force upon another person if the law enforcement officer reasonably believes the use of nondeadly physical force or the threat of use of deadly physical force is necessary to: Effect an arrest or to prevent the escape from custody of an arrested person unless the law enforcement officer knows that the arrest is unlawful; or. A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's or another person's actions involving a handgun transported or stored under 5-73-326(a) or from allowing a person to enter the private employer's place of business or parking lot under 5-73-326(b), including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions. 1947, 41-501. Nothing contained in this subchapter prohibits or interferes with: HISTORY: Acts 1935, No. 153A-129. Provided, that such ownership or other interest authorized by any law of this state relating to native wines shall not be a violation; Unauthorized gift or service to retailers by a manufacturer or a wholesaler; Use of post-dated checks for payment of controlled beverages and merchandise; Wholesaler making delivery to a consumer; The permittee possessed or knew or reasonably should have known that any agent or employee or patron of the establishment possessed on the permitted premises any illegal drug or narcotic or controlled substance or that any agent or employee while acting on the permittee's behalf knowingly allowed the possession on the permitted premises of any illegal drug or narcotic or controlled substance; Selling or allowing the consumption of alcoholic beverages on the permitted premises when the permit is suspended or on inactive status; Disorderly conduct or a breach of the peace by a patron or employee on the permitted premises.
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