Arkansas confusion

[barres]

I found some conflicting (at least it appears so to me) info on the Arkansas State Police's website while researching CCW laws for a trip I will be taking there before too long. I have cut-and-pasted my e-mail to their CHL division into the quote below explaining the discrepancies I think I found. If any of you have better information that what I have linked in the e-mail, please let me know. The issues are whether or not you can carry in a restaurant that serves alcohol, beer or light wine and whether or not you can carry in a "public park."

My name is barres, and I will soon be traveling to your state for a vacation. I hold a valid Texas Concealed Handgun License, and I intend to make use of the reciprocal agreement between our great states.

As a responsible CHL holder, I was searching your Arkansas State Police website for information about your laws governing carrying a concealed handgun. On the website there is a list of places where carrying a concealed handgun is not allowed (http://www.asp.arkansas.gov/divisions/r ... w.html#law about ½ way down the page). This list indicates that it is legal to carry in a restaurant that serves alcohol. When looking at your CHL application packet (cl_app_all.pdf pages 8 and 9, found here: http://www.asp.arkansas.gov/divisions/r ... pp_all.pdf), which includes the relevant law (Statute 5-73-301 Act 419 of 1995 and amendments from 1999), I noticed that Section 2 (l) lists these off-limits places, but it does not appear to list restaurants as an exception to barring carrying in places that serve alcohol, beer, or light wine. It also lists “public parks� as a place off-limits to carrying under the authority of a CHL, which the above-referenced list does not indicate. Or perhaps on that issue, I simply need clarification on what “public parks� means.

I would appreciate any information you can give me that would indicate the limits your state imposes on licensed concealed carry. I do not want to inadvertently break a law because I relied on the wrong information. I also want to be able to keep my wife and myself as safe as I can while we enjoy our trip. Thank you in advance for any help you can provide.

I will let you know what, if any, response I get from the ASP.

[Roger Howard]

this may help
Places off-limits while carrying

Date updated: Aug 27, 2005 @ 2:39 pm

5-73-306. Prohibited places.

(a) No license issued pursuant to this subchapter shall authorize any person to carry a concealed handgun into:

(1) Any police, sheriff's, or Department of Arkansas State Police station;
(2) Any Arkansas Highway Police facility;
(3) Any buildings of the Arkansas State Highway and Transportation Department, or onto grounds adjacent to such buildings, except that this subdivision (a)(3) shall not apply to rest areas and weigh stations of the department;
(4) Any detention facility, prison, or jail;
(5) Any courthouse;
(6) Any courtroom, except that nothing in this subchapter shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom;
(7) Any polling place;
(8) Any meeting place of the governing body of any governmental entity;
(9) Any meeting of the legislature or a committee thereof;
(10) Any building wherein a state office is located;
(11) Any athletic event not related to firearms;
(12) Any portion of an establishment, except a restaurant as defined in § 3-9-402, licensed to dispense alcoholic beverages for consumption on the premises;
(13) Any portion of an establishment, except a restaurant as defined in § 3-9-402, in which 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 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;
(16) Any church or other place of worship; or
(17) Any place where the carrying of firearms is prohibited by federal law.

(b)(1) In addition to the places enumerated in this section, the carrying of a concealed handgun may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten feet (10') that the "carrying of a handgun is prohibited."

(2) Provided, no sign shall be required for private homes, and any licensee entering a private home shall notify the occupants that he is carrying a concealed handgun.

(c) No license issued pursuant to this subchapter shall authorize the participants in a parade or demonstration for which a permit is required to carry a concealed handgun.

History. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 1239, § 2.

§3-9-402

(8) "Restaurant" means: any public or private place, without sleeping accommodations and that place:

(A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place whose primary function and purpose is to take orders for and to serve food and food items;
(B) Actually serves full and complete meals prepared in a fully equipped and sanitary kitchen and prepared from uncooked foods for service to and for consumption by its guests or members on the premises;
(C) Has a seating capacity of at least fifty (50) people;
(D) Has employed a sufficient number and kind of employees to prepare, cook, and serve suitable foods to its guests or members;
(E) On Sundays, serves alcoholic beverages on-premises only, in conjunction with meals;
(F) Serves food on all days of operations;
(G) Maintains separate sales figures for alcoholic beverages; and
(H) Has gross sales of sixty percent (60%) or more from the sale of food, food items, and nonalcoholic beverages, or, in the case of excursion boats, has gross sales of sixty percent (60%) of their gross income from boat rental fees and sales of food and nonalcoholic beverages

(b) The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a concealed handgun and must display both the license and proper identification upon demand by a law enforcement officer.

Deadly force law summary

Date updated: Jul 28, 2005 @ 4:08 pm

Title 5. Criminal Offenses.
Subtitle 1. General Provisions.
Chapter 2. Principles of Criminal Responsibility.
Subchapter 6. Justification.

* 5-2-601. Definitions.
* 5-2-602. Defense.
* 5-2-603. Execution of public duty.
* 5-2-604. Choice of evils.
* 5-2-605. Use of physical force generally.
* 5-2-606. Use of physical force in defense of a person.
* 5-2-607. Use of deadly physical force in defense of a person.
* 5-2-608. Use of physical force in defense of premises.
* 5-2-609. Use of physical force in defense of property.
* 5-2-610. Use of physical force by law enforcement officers.
* 5-2-611. Use of physical force by private person aiding law enforcement officers.
* 5-2-612. Use of physical force in resisting arrest.
* 5-2-613. Use of physical force to prevent escape from correctional facility.
* 5-2-614. Use of reckless or negligent force.
* 5-2-620. Use of force to defend persons and property within home.
* 5-2-621. Attempting to protect persons during commission of a felony.

[age_ranger]

Good on ya' for taking the time to find out the laws where you're traveling. Isn't there a "master rulebook" for traveling to other states? I'd like to pick one up since I travel alot. Anyone know?

[seamusTX]

Isn't there a "master rulebook" for traveling to other states?

http://www.gunlawguide.com/

- Jim

[OverEasy]

age_ranger,

"Traveler's Guide to the Firearm Laws of the Fifty States" is a publication that claims to have CC info for all states.

They have a website: http://www.gunlawguide.com , phone: 859-491-6400.

I payed $8.50 a few years ago for the 2005(ninth edition).

With laws changing all the time they may not be able to stay up to date.

I would still look at each state's web page befor going there, just to be sure.

I bought mine in 2005 for a trip to FL. Back then we didn't have an agreement with AL and I got a NH permit to allow for carry in AL.

I will buy the latest edition available for my next road trip.

Regards, OE

[OverEasy]

seamusTX types faster than I do and he is more concise too.

OE,

[TX Rancher]

I think I like the Texas rules better. Arkansas sounds a little proscriptive to me. But it's better then no concealed carry

[barres]

Great find, Roger! That law (5-73-306) was what the ASP sent to me in their reply. That at least means that I can carry if we go out to eat and the place serves alcohol. I don't like that a sign that says "No guns allowed" is legally binding. Those could be difficult to see.

I think the whole idea of having to announce that your armed and gain permission to enter a private home is plain rediculous, but I don't know anyone there, so I don't expect that to be an issue for me on this trip. Doesn't that defeat the whole purpose of Concealed Carry? I also don't like that churches or places of worship are off-limits to CCW. Bad things happen in churches, too. But, like TX Rancher said, limited CCW is much better than no CCW.

[Roger Howard]

with all the changing laws it's hard to keep up with them all. I try but it's hard. Big changes are expected in Ohio this year with the passing of HR347.
I currently have all the state laws we have reciprocity with. I'll try and keep them updated.