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. No person may possess body armor if that person has been found guilty of or has pleaded guilty or nolo contendere to any of the following offenses: Battery in the first degree, 5-13-201; or. 226, 2; 2015, No. 12.11.8. 8 test blasting cap when unconfined; "Contraband" means any explosive material that was used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any explosive material possessed under circumstances prohibited by law; Any explosive, incendiary, or poison gas; Rocket having a propellant charge of more than four ounces (4 ozs. 204, p. 196; Code 1923, 3487; Code 1940, T. 14, 163; Code 1975, 13-6-122; Act 2013-283, 2.) Free Newsletters (a) A person may not discharge a firearm or an arrow from a bow on, over, or across an improved public highway at a big game animal. However, possession of a defaced firearm is a Class A misdemeanor if the manufacturer's serial number or other identification mark required by law is merely covered or obstructed, but still retrievable. An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise. 389, 1; 2007, No. 1049, 3; 1995, No. (Ord. 649, 1; Act 2019, No. Unless possession of a concealed handgun is a requirement of a licensees job description, the possession of a concealed handgun under this section is a personal choice made by the licensee and not a requirement of the employing public university, public college, or community college. 80, 5; Pope's Dig., 3518; A.S.A. 545, 3; 2007, No. Round here it is the fact that you discharged it, not what you discharged it with. Upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. HISTORY: Acts 2005, No. 1158, as it existed on January 1, 2009, and either: A foreign law enforcement officer of a friendly foreign government, as determined by the Secretary of State under 18 U.S.C. 917, 1. 57, 1; 1994 (2nd Ex. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation. 415, 1. 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: 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; That part of Bidwell Point lying south of the east-west road which crosses Highway 101 at the Presbyterian Church; 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; County Road 139 and Lake Norfork to the north and west; County Road 151 and Lake Norfork to the north, west, and south in the Diamond Bay area; The Bluff Road and Lake Norfork to the west; John Lewis Road (Timber Lake Manor) and Lake Norfork to the west and south; The south end of County Road 91 south of its intersection with John Lewis Road and Lake Norfork to the south and east; and. HISTORY: Acts 1995, No. Tennessee The prohibition set forth in subsection A of this section shall not apply to the discharge of a firearm by a person who reasonably believes that the person of himself or herself or of another is in immediate, grave danger, and that the discharge of the firearm is necessary for the preservation of that person. This can be accomplished by closing your eyes in a crowded elevator and throwing punches. Restricted firearm ammunition. (1) 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 substantial risk of physical injury to another person or property damage to a home, residence, or other occupiable structure. 1994, 438; 2011, No. No license shall be renewed six (6) months or more after its expiration date, and the license is deemed to be permanently expired. Pie man on August 22, 2020 at 3:32 . A concealed handgun license issued, renewed, or obtained under 5-73-314 or 5-73-319 after December 31, 2007, shall bear a digital photograph of the licensee. An active duty member of the armed forces of the United States, a member of the National Guard, or a member of a reserve component of the armed forces of the United States, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the department: Proof of assignment outside of this state on the expiration date of the license; and. 2. 1090, 1. "Unborn child" means the offspring of human beings from conception until birth. 73, 1. The Department of Arkansas State Police shall not promulgate any rule and shall amend any existing rule that would result in a licensee having his or her license to carry a concealed handgun suspended or revoked solely because he or she possessed a handgun and the possession was not in violation of any criminal offense or 5-73-306. 1071, 2; Act. The person has been previously convicted under this section or a similar provision from another jurisdiction. (h) (1) " Copycat weapon 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. "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; "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, "Journey" means travel beyond the county in which a person lives; and. machine gun is exempt from the presumption of offensive or aggressive purpose if: The machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act, 26 U.S.C. 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. 419, 2; 1997, No. Maine Upon the written request of a property owners' association which has a population at least equal to that prescribed for cities of the first class and which is located outside the boundaries of a municipality, a county may by ordinance regulate the discharge of firearms and the shooting of archery equipment within all or any part of the area included in the property owners' association. 1101(a)(20), as it existed on January 1, 2009; In lawful nonimmigrant status, a refugee admitted under 8 U.S.C. Discharging Firearms. 1166, 1; 1993, No. Possessing an instrument of crime is a Class A misdemeanor. The Director of the Department of Arkansas State Police may issue a license to carry a concealed handgun to a person qualified as provided in this subchapter. 1947, 41-3108; Acts 2005, No. and is carrying a concealed handgun on the developed property of: A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that: Is located on the developed property of the kindergarten through grade twelve (K-12) private school; Allows the person to carry a concealed handgun into the church or other place of worship under 5-73-306; and. 1038, 1; No. When the circuit court issues an order granting a petition under this section, as soon as practicable but no later than thirty (30) days after issuance of the order, the circuit clerk shall forward a copy of the order to the Department of Arkansas State Police. Definitions. The discharge of a firearm by a law enforcement officer in the performance of his or her duty. 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. As required by an animal control officer in the performance of duties as specified in section 9-499.04. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee 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 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 to carry a concealed handgun. California 998, 2; 2009, No. A licensee who receives written or verbal notification under subdivision (19)(A)(ii)(a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity. 1201, 1; 2011, 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. A violation of subdivision (b)(1) of this section is a Class D felony. 562, 1; 2017, No. Kentucky 259, 2; 2005, No. To assist a public servant in the performance of the public servant's duty, notwithstanding that the public servant has exceeded the public servant's legal authority. 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. Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the custodian of the records. Be outside the city limits, have more then 10 acres, less then 10 and their could be problems. Otherwise, the person commits a Class A misdemeanor. ), No. #18. A handgun possessed in a parking lot does not solely constitute a failure on the part of a private employer to provide a safe workplace. The purpose for which it was acquired by the person to whom the machine gun was sold, loaned, given, or delivered, or from whom received. The following acts on the part of any permittee are Class A permit violations: HISTORY: Acts 1981, No. Please note that the English language version is the official version of the code. 1994, 491. The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. 74, 1; 1994 (2nd Ex. (2) Unlawful discharge of a firearm from a vehicle in the first degree is a Class Y felony. This field is for validation purposes and should be left unchanged. You can also commit an assault by recklessly hitting someone. In determining whether or not a motor vehicle should be ordered forfeited, the circuit court may take into consideration the following factors: Any prior criminal conviction or delinquency adjudication of the felon or juvenile; Whether or not the firearm was used in connection with any other criminal act; Whether or not the vehicle was used in connection with any other criminal act; Whether or not the juvenile or felon was the lawful owner of the vehicle in question; If the juvenile or felon is not the lawful owner of the vehicle in question, whether or not the lawful owner knew of the unlawful act being committed that gives rise to the forfeiture penalty; and. 1251, 1; 1999, No. A publicly owned and maintained parking lot that is a publicly accessible parking lot 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 in the publicly owned and maintained parking lot; Any part of a detention facility, prison, jail, An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise, including without limitation a parking lot owned, maintained, or otherwise controlled by: A residential treatment facility owned or operated by the Division of Youth Services of the Department of Human Services; Any courthouse, courthouse annex or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county officeunless: Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. What is unusual in defense of unlawful discharge of firearms is that the state of mind, the mens rea, is extremely low. 80, 9; Pope's Dig., 3522; A.S.A. 11 -- T.20 N. -- R.16 W.); and. *There may be discrepancies in the code when translating to other languages. 1175, 1, No. The department shall maintain the confidentiality of the medical, criminal, or other records; and. As used in subdivision (15)(A) of this section, "disorderly conduct" includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises; Unauthorized manufacturing, selling, offering, dispensing, or giving away of controlled beverages; Conducting or permitting gambling on premises. HISTORY: Acts 1995, No. Possession or use of a machine gun is presumed to be for an offensive or aggressive purpose: 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; When in the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court of record, state or federal, of the United States of America, its territories or insular possessions; When empty or loaded pistol shells of 30 (.30 in. Violation of this section is a Class A misdemeanor, unless the firearm is: An explosive or incendiary device, as described in 5-71-301; A defaced firearm, as defined in 5-73-107; or. Mesa Law Firm & Lawyers at JacksonWhite Attorneys at Law Oregon Affiliated with Matt Fendon Law Group and Stone Rose Law. It is a defense to a prosecution under this section that: The person reported the possession to the police or other governmental agency prior to arrest or the issuance of an arrest warrant or summons; or. Alabama Expenditures from the individual assistance and public assistance funds may only be made in the event of a disaster as defined in 12-75-103 and only upon proclamation by the Governor. However, the prosecuting attorney and all members of his or her office shall have no greater arrest powers than those accorded all citizens under the Arkansas Constitution and the Arkansas Code. When certification by the chief law enforcement officer of a jurisdiction is required by federal law or regulation for the transfer or manufacture of a firearm within fifteen (15) days of receipt of a request for certification, the chief law enforcement officer or his or her designee shall provide the certification if the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in the applicant's being prohibited by law from receiving or manufacturing the firearm. In the event a legible set of fingerprints, as determined by the department and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Department of Arkansas State Police shall determine eligibility in accordance with criteria that the department shall establish by promulgating rules. Carrying a weapon is a Class A misdemeanor. 1325, 1; 2001, No. 419, 1; 2015, No. "Vehicle" means any craft or device designed for the transportation of a person or property across land or water or through the air. 664, 26; 2007, No. 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. Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant; A waiver authorizing the department access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records. 1947, 41-507.1. 1155, 15. HISTORY: Acts 1935, No. 1947, 41-506; Acts 2007, No. 280, 3105; A.S.A. To the greatest extent practicable, the Governor shall delegate or assign operational control by prior arrangement embodied in appropriate executive orders or rules, but nothing in this section restricts the Governor's authority to do so by orders issued at the time of the disaster emergency. 2019, No. The circuit court shall grant the petition if the circuit court finds by a preponderance of the evidence the following: The petitioner is not likely to act in a manner that is dangerous to public safety; and. 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. Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer. The department shall maintain a list of licensees who have successfully completed a training course under subsection (g) of this section. 419, 1; 1997, No. B. HISTORY: Acts 1993, No. or 16-98-303(g). You already receive all suggested Justia Opinion Summary Newsletters. Copyright 2023 Rosenstein Law Group. It is permissible to carry a weapon under this section that if at the time of the act of carrying the weapon: 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; 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; 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; If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer: The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under 5-73-301 et seq. Notwithstanding any Arkansas law to the contrary, at the conclusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. A person commits the offense of possessing an instrument of crime if he or she possesses any instrument of crime with a purpose to employ it criminally. ), No. These documents should not be relied upon as the definitive authority for local legislation. 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. If such notification is not reasonably possible, "immediate" means the brief interval before the apparent infliction of serious bodily harm upon the person discharging the firearm or another individual. It is a Class A misdemeanor for any person to store any explosive material in a manner not in conformity with the Arkansas Fire Prevention Code. A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle. "Crime of violence" means any of the following crimes or an attempt to commit any of them: "Machine gun" means a weapon of any description by whatever name known, loaded or unloaded, from which more than five (5) shots or bullets may be rapidly, or automatically, or semi-automatically, discharged from a magazine, by a single function of the firing device; and. If you would like to report a code violation or have questions or concerns, you may use the link below or contact our office at 501-776-5938 or email us at codeenforecment@bentonar.org . 14, 1; 2009, No. (c) (1) (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture. 360, 18; A.S.A. 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 commission of the offense: Pleads guilty or nolo contendere to any criminal offense under 5-73-101 et seq. A public display authorized by a public or private school. This section does not prevent a private employer from prohibiting a person who is not licensed or who fails to transport or store the handgun in accordance with subdivisions (a)(1)(A)-(C) of this section from transporting or storing a handgun in the parking lot or from entering onto the private employer's place of business or the private employer's parking lot. Sess. An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun. 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. Nebraska At the hearing on the matter, the petitioner has the burden to establish that the property is subject to forfeiture by a preponderance of the evidence. The area of a building prohibited under this subdivision (e)(1) is no larger than necessary to complete the grievance or disciplinary meeting. Plans and proposals for preventing and mitigating privacy and security risks; Privacy and security plans and procedures; and. 3518 ; A.S.A what you discharged it, not what you discharged it not. All suggested Justia Opinion Summary Newsletters and their could be problems firearms is that state! 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