130.00.08 Ark. Code R. § 001 - Concealed Handgun Carry License Rules
These Rules shall be known as the Arkansas Concealed Handgun Carry License Rules ("Rules").
Definitions used in these Rules, unless the context otherwise requires, are adopted:
A seal or expungement order for a felony conviction in Arkansas where the crime occurred prior to April 7, 1971, will be considered void by the Department.
A valid seal or expungement order for an Arkansas felony conviction when the crime was committed after March 13, 1995, shall be reviewed by the Department, but will not restore firearms rights unless a gubernatorial or presidential pardon is received specifically restoring firearms possession rights.
A valid seal or expungement order for an Arkansas felony conviction when the crime was committed prior to March 13, 1995, shall be reviewed and, unless void or causes a prohibition under federal law, shall be honored by the Department;
The Director may issue a license to carry a concealed handgun to a person qualified as provided in these Rules and other applicable laws.
The term of the license to carry a concealed handgun is valid throughout the state for a period of five (5) years from the date of issuance, unless suspended, cancelled or revoked under these Rules.
Submitting false answers or false documentation shall subject the applicant to the following:
Any person who knowingly submits a false answer to any question on a concealed handgun carry license application, or knowingly submits a false document when applying for a concealed handgun, upon conviction is guilty of a Class B misdemeanor; or
Any person who knowingly submits a false answer to any question on a concealed handgun carry license application, or knowingly submits a false document when applying for a concealed handgun, is precluded from any license being issued to the applicant; and is subject to immediate revocation if the license has already been issued.
The initial application form shall be of such size and design that will include relevant information required by current Arkansas laws. The Director shall have the authority to design and, if necessary, amend the renewal, transfer, or replacement application form as he or she deems necessary.
The application form for license to carry a concealed handgun may be obtained at the Department's Highway Patrol Troop Headquarters and Arkansas State Police Headquarters in Little Rock during normal business hours.
Certain fees will be necessary for the proper processing of concealed handgun carry licensing paperwork. Those fees are set by Arkansas law, or state and federal rules. An instruction sheet may be issued by the Department, which outlines proper application procedures and current fees.
The concealed handgun carry license issued under these Rules shall be used solely by the licensee to whom it was issued.
The licensee shall carry the concealed handgun carry license at all times while in possession of a concealed handgun.
Any law enforcement officer with access to the Arkansas Crime Information Center database may query the Arkansas driver's license of the licensee for the currently validity status of the concealed handgun carry license.
The Director of the Department shall issue a license to carry a concealed handgun if the applicant:
The application form for a license to carry a concealed handgun shall be promulgated by the Director and shall include:
The applicant for a license to carry a concealed handgun shall submit the following items as an application packet to the Department:
Upon receipt of the properly completed application packet as described herein, the Department shall:
Upon death of a licensee, the license shall be cancelled from the date of death. Written notice of the death of a licensee should be filed as soon as possible after the death on a form prescribed by the Department.
If a licensee voluntarily surrenders his or her license to the Department in the absence of suspension or revocation proceedings, the Department will accept the license and cancel it.
Failure to comply with these Rules is a ground(s) for suspension and/or revocation of the Arkansas concealed handgun carry license.
Upon notification of suspension or revocation, the concealed handgun carry licensee shall return the concealed handgun carry license to the Director. Any concealed handgun carry license under suspension or revocation is subject to seizure at any time by any law enforcement officer.
The Director shall determine which states will honor the Arkansas concealed handgun carry license. The standard shall be that reciprocity shall be granted to another state if that state honors the Arkansas concealed handgun carry license. A written agreement between the states may be made, but is not required.
The Director shall make a determination as to which states' licenses will be recognized in Arkansas, revise the list from time to time, and provide the list to every law enforcement agency within this state. The Department shall maintain a list of reciprocal states for public access.
Any person who becomes a resident of Arkansas, who has a valid license to carry a concealed handgun issued by a non-reciprocal state, may not apply to transfer his or her license to Arkansas and must submit an initial application packet to obtain an Arkansas concealed handgun carry license. Persons who hold a concealed handgun carry license issued from a non-reciprocal state may not carry a concealed weapon in this state under ACA §§ 5-73-301 et seq., or these Rules.
Any active duty military personnel may substitute the following documentation, in a properly completed application packet, in place of the "live-fire" training requirement:
Any current member of the National Guard or a reserve component of the armed forces of the United States may substitute the following documentation in place of the "live fire" training requirement in the properly completed concealed handgun carry license application packet:
An instructor shall notify the Department in writing within thirty (30) calendar days of any change in his or her name or address, electronic mail address (if any), and telephone number shown on his or her application.
Upon death of a registered instructor, the registration shall be cancelled from the date of death. Written notice of the death of a registered instructor should be filed as soon as possible on a form prescribed by the Department.
If a registrant voluntarily surrenders his or her registration in writing to the Department in the absence of suspension or revocation proceedings, the Department will accept the registration and cancel it.
The Director has the authority to:
These Rules shall be effective on and after Thursday, January 1, 2009.
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Notes
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