Arkansas

Get the latest information on Arkansas State Laws.

Quick Reference

Magazine Capacity Restrictions

Constitutional (Permitless) Carry Allowed

Red Flag Laws

Carry in Alcohol Establishments Allowed

Open Carry Allowed

No Weapons Signs Enforced by Law

NFA Weapons Allowed

some-restrictions

Duty to Retreat

Duty to Inform Law Enforcement

"Universal" Background Checks Required

State Law Summary

Constitution of the State of Arkansas - Article II, Section 5
"The citizens of this State shall have the right to keep and bear arms for their common defense."

 

Arkansas's firearm law history has evolved significantly over the years, shaped by key legal cases and legislative changes. In the early 1990s, the state passed the "Shall Issue" law, allowing citizens to obtain concealed carry permits, which marked a shift toward more permissive firearm regulations. The landmark case NRA v. BATFE in 2002 reinforced the rights of firearm owners by challenging federal restrictions on certain firearms. In 2013, Arkansas enacted Act 746, further clarifying the right to carry firearms in public, which was upheld by the Arkansas Supreme Court in 2014. More recently, in 2021, the state adopted laws to expand access to concealed carry and protect against the infringement of gun rights, reflecting ongoing support for Second Amendment freedoms. Throughout these developments, Arkansas has maintained a focus on balancing individual rights with public safety.

Permit Eligibility, Training and Application Process

In Arkansas, the history of concealed carry permits began with the passage of Act 311 in 1995, which established the first concealed carry law, allowing residents to obtain permits under specific conditions. This law underwent significant revisions in subsequent years, notably in 2007 when Act 565 expanded eligibility criteria and streamlined the application process. The most substantial change came in 2013 with the enactment of Act 746, which allowed for the open carry of firearms and further relaxed restrictions on concealed carry. In 2019, Act 964 was introduced, which clarified regulations surrounding the carrying of firearms in public spaces. The evolution of these laws reflects a growing trend towards expanded gun rights in the state, influenced by national debates on Second Amendment rights.

Arkansas Permit Eligibility

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. Is a resident of the state and has been a resident continuously for 90 days or longer immediately preceding the filing of the application
  3. Is at least 21 years of age (18 for United States Armed Forces)
  4. Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide
  5. Has not been convicted of a felony in a court of this state, of any other state, or of the United States
  6. Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Division of Arkansas State Police and the Federal Bureau of Investigation's National Instant Criminal Background Check System
  7. Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired
  8. Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired
  9. Desires a legal means to carry a concealed handgun to defend himself or herself
  10. Has not been adjudicated mentally incompetent
  11. Has not been voluntarily or involuntarily committed to a mental health institution or mental health treatment facility
  12. Is not a fugitive from justice or does not have an active warrant for his or her arrest
  13. Has satisfactorily completed a training course as prescribed and approved by the director
  14. Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution

Ark. Code §5-73-309

 

Permit Training Requirements

Minimum instruction time for class is five hours excluding range live fire, fingerprinting, and instructions/completion of the application. Training must include the following subjects:

  • Administrative matters, including the application process and explanation of criteria for passing the course
  • Avoiding victimization
  • Laws regarding use of a handgun
  • Encounters with law enforcement
  • Inspection of the handgun
  • Types of handguns
  • Ammunition
  • Cleaning and storage of a handgun
  • Carrying concealed
  • Classroom preparation for range instruction
  • Shooting the weapon

Arkansas State Police CHCL Training Manual

 

Enhanced Training Requirements

The program shall consist of approximately eight (8) hours instruction – five to six (5-6) hours in-class and a maximum two (2) hours of range qualification. The Department may provide instructors with an example Syllabus for Enhanced Training to be used as a guide for its instruction. The following topics must be covered in detail as part of the in-class instruction for enhanced training:

  1. ACA §§ 5-73-101 to 325 and all significant changes to these chapters as they occur;
  2. The terms of an Enhanced License, including the rights and responsibilities of an Enhanced License holder and all locations where the carry of concealed firearms remains prohibited;
  3. Self-Defense under Arkansas law, the use of deadly physical force, the subchapter of Arkansas Code on “Justification” (ACA §§ 5-2-601 to -622), and the potential criminal penalties that may be imposed when the use of deadly physical force is not justified;
  4. Techniques for weapon retention;
  5. General civil liability for personal injury or property damage resulting from use of a firearm;
  6. Emergent situations in public locations, including the proper response to law enforcement and the duty to avoid injury to innocent bystanders;
  7. Issues related to campus carry, to include, but not be limited to:
    • Responsibility of the licensee to know and obey the campus’s weapons policies;
    • Distinction between “possession” of a firearm, which is permissible, and “storage” which is not permissible; and
    • Requirement to carry concealed and potential penalties for violation;
  8. Other considerations for expanded carry, to include, but not be limited to:
    • Dangers of carrying or deploying a firearm in proximity to hazardous materials;
    • Possible ramifications of alcohol use while in possession of a firearm; and
    • Identification as an Enhanced License holder in contact with law enforcement.

Arkansas State Police CHCL Training Manual

 

AR Permit Application ProcessThe 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 properly completed certification of training from a firearms safety instructor who is registered with the Arkansas State Police
  3. A nonrefundable license fee of $50. ($25 for applicants 65 years of age or older)
  4. There is no fee for United States Armed Forces
  5. A full set of fingerprints of the applicant
  6. A waiver authorizing the division access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records
  7. A digital photograph of the applicant or a release authorization to obtain a digital photograph of the applicant from another source

The applicant must apply within 6 months of the training date
An Arkansas Concealed Handgun Carry License must be renewed every 5 years

Ark. Code §5-73-311

 

AR Enhanced Application Process
A new applicant for a concealed handgun carry license or a current licensee may apply to the Department to receive an Enhanced License. The enhanced training must be conducted and attested to by a registered Firearms Safety Training Instructor as defined in these Rules. To qualify for the Enhanced License:

  1. A new applicant must successfully complete the Department approved initial training requirements for licensure in ASP CHCL Rule 13.0 and the Department approved enhanced firearm safety training program.
  2. A current licensee must successfully complete the Department approved enhanced firearm safety training program.

The required training for an Enhanced License may be completed at any time within 6 months prior to the Department's receipt of an application for an Enhanced License, but such enhanced training is not required to be renewed.

The applicant must complete a live-fire proficiency qualification and obtain a score of 35/50 or 70% overall. The instructor may permit the applicant to fire the course three (3) times. If the applicant fails to obtain the required score after three (3) attempts at shooting the course, the instructor must wait ninety (90) days prior to allowing the applicant to attempt completion of the live-fire proficiency qualification again.

130-00-18 Ark. Code R. § 1 (Rule 13.3)(b)(c)(d)

 

Arkansas Permit Renewal Process

A 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 statement that the licensee remains qualified pursuant to the criteria specified in §§ 5-73-308(a) and 5-73-309
  3. A renewal fee of $25
  4. A certification or training form properly completed by the licensee’s training instructor reflecting that the licensee's training was conducted
  5. A digital photograph of the licensee or a release authorization to obtain a digital photograph of the licensee from another source
Ark. Code §5-73-313

Permitless Carry Law

The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.

 

Carry Allowed Without a Permit

In 2023, Arkansas lawmakers approved Act 777 to clarify that a concealed carry permit is not required in order to carry a concealed firearm in Arkansas. The purpose of issuing permits to Arkansas residents is to make it simpler for them to comply with gun laws in other states, and to qualify for reciprocal treatment.

Arkansas Code Title 5, Chapter 73, Subchapter 3, is amended to add an additional section to read as follows:
28 5-73-328. Purpose and construction of subchapter.

(a) The purpose of this subchapter is solely to establish concealed carry licensing for the purpose of providing licensees reciprocity in other states that require a license to carry a concealed handgun in order to carry a concealed handgun.
(b) This subchapter does not require a person to obtain a license to carry a concealed handgun in order to carry a concealed handgun in this state.

Ark. Code § 5-73-328

Reciprocity Agreements

Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.

When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!

Recognizes an Arkansas CHCL or does not require a license
Recognizes Arkansas Resident CHCL only
Does not recognize an Arkansas CHCL
Permitless Carry State

5-73-321. Recognition of other states' licenses.
A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter.
Ark. Code Ann. § 5-73-321

State Preemption Laws

State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.

Arkansas Preemption Law

  • A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.
  • This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm.

As used in this section, “local unit of government” means a city, town, or county.

Ark. Code § 14-54-1411

 

Arkansas Firearm Rights
(a) All acts, laws, orders, rules, and regulations of the United States Government that were enacted on or after January 1, 2021, that infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constitution, Article 2, § 5, are invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.
(b) Such a federal ban that is null and void in this state under subsection (a) of this section includes without limitation:
(1) Any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods and services that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens that was enacted after January 1, 2021;
(2) Any registering or tracking of firearms, firearm accessories, or ammunition that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(3) Any registering or tracking of the owners of firearms, firearm accessories, or ammunition that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
(4) Any act forbidding the possession, ownership, use, or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; and
(5) Any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
(c)
(1) The following persons shall not enforce or assist federal agencies or officers in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law:
(A) A public officer or employee of this state; or
(B) A representative, agent, or employee of a municipality, a county, or the state, acting under the color of law, with all the rights, grants, and assignments of a law enforcement officer in the state.
(2) The persons and prohibitions described under subdivision (c)(1) of this section include personnel, agents of the state or local government, including volunteers, the use of tax dollars, and persons having authority to enforce or attempt to enforce any of the infringements on the right to keep and bear arms described under subsection (b) of this section.
(d) An elected official who knowingly directs any law enforcement officer to assist a federal law enforcement agency in violating the rights of a person as described under subsection (c) of this section upon conviction is guilty of an unclassified misdemeanor.
(e) A law enforcement officer not described under subsection (d) of this section who knowingly assists a federal law enforcement agency in violating the rights of a person as described under subsection (c) of this section is subject to being decertified as a law enforcement officer.
Ark. Code Ann. § 21-1-904

 

Firearm Rights Shall Not be Infringed

(a) A license to carry a concealed handgun issued under this subchapter shall not be denied, suspended, or revoked because a person was lawfully exercising his or her rights to carry a firearm under the United States Constitution, Amendment 2, the Arkansas Constitution, Article 2, § 5, or the Arkansas Code.

(b) The Division 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.

Ark. Code Ann. § 5-73-324

Purchase/Transfer Laws

When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).

Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.

In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.

Private Party Firearm Transfers

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.

  1. Violation of this section is a Class A misdemeanor, unless the firearm is:
    1. A handgun;
    2. An explosive or incendiary device, as defined in § 5-71-301;
    3. A defaced firearm, as described in § 5-73-107; or
    4. Other implement for the infliction of serious physical injury or death that
      serves no lawful purpose.
  2. If the firearm is listed in subdivision (b)(1) of this section, a violation of this
    section is a Class B felony.

Ark. Code §5-73-132

Firearm Classification and Accessory Restrictions

COMING SOON!

Magazine Capacity Restrictions

Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.

Arkansas has no laws restricting the ammunition capacity of magazines.

 

Prohibited Areas - Where Firearms Are Prohibited Under State law

Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.

Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.

Arkansas Prohibited Areas

  1. Any police station, sheriff's station, or Division of Arkansas State Police station
  2. An Arkansas Highway Police Division of the Arkansas Department of Transportation facility
  3. Repealed
  4. Any part of a detention facility, prison, jail, or residential treatment facility owned or operated by the Division of Youth Services, including without limitation a parking lot owned, maintained, or otherwise controlled by: The Division of Correction, The Division of Community Correction, or a residential treatment facility owned or operated by the Division of Youth Services
  5. Any courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county office (See AR Code § 5-73-306 (5) for more information)
  6. Any courtroom. However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a concealed weapon into his or her courtroom
  7. Any meeting place of the governing body of any governmental entity
  8. Any meeting of the General Assembly or a committee of the General Assembly
  9. Any state office
  10. Any athletic event not related to firearms
  11. A portion of an establishment, except a restaurant as defined in § 3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises. A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location
  12. A portion of an establishment, except a restaurant as defined in § 3-5-1202, where beer or light wine is consumed on the premises. A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location
  13. A school, college, community college, or university campus building or event. This does not apply to private K-12 schools that grant permission, participation in an authorized firearms-related activity, carrying a concealed handgun as authorized under § 5-73-322, or 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 (See AR Code § 5-73-306 (13) for more information)
  14. Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal firearm into the passenger terminal if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft
  15. Any church or other place of worship. However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location
  16. Any place where the carrying of a firearm is prohibited by federal law
  17. Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration
  18. Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10′) that “carrying a handgun is prohibited”. Written notice is not required for a private home and any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun. (See AR Code § 5-73-306 (18) for more information)
  19. 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) of this section. A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. A licensee who receives written or verbal notification under subdivision (19) 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 (See AR Code § 5-73-306 (19) for more information)
  20. A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325, located at the Arkansas State Hospital, the University of Arkansas for Medical Sciences, or a collegiate athletic event

Ark. Code § 5-73-306

 

Enhanced Licensee Exemptions

A current licensee or new applicant who obtains an enhanced license is exempt from the prohibitions and restrictions on carrying a concealed handgun in the following locations:

  • Publicly owned buildings and facilities;
  • State Capitol grounds and the State Capitol Building;
  • Any meeting place of the governing body of any governmental entity;
  • Any meeting place of the General Assembly or a committee of the General Assembly;
  • Any state office;
  • Athletic events;
  • A portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises;
  • A portion of an establishment where beer or light wine is consumed on the premises;
    Inside the passenger terminal of an airport;
  • Any church or other place of worship;
  • Any place where a parade or demonstration requiring a permit is being held, even when the licensee is a participant in the parade or demonstration;
  • The buildings and grounds of a public university, college, or community college.

Carrying a concealed firearm in the listed locations may be restricted or prohibited by other applicable law.

130-00-18 Ark. Code R. § 1 (Rule 7.3)

 

Universities and Colleges
(b) A licensee who has completed the training required under subsection (g) of this section may possess a concealed handgun in the buildings and on the grounds of a public university, public college, or community college, whether owned or leased by the public university, public college, or community college, unless otherwise prohibited by this section or § 5-73-306.
(c)
(1) A licensee may possess a concealed handgun in the buildings and on the grounds of a private university or private college unless otherwise prohibited by this section or § 5-73-306 if the private university or private college does not adopt a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college.
(2)
(A) A private university or private college that adopts a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college shall post notices as described in § 5-73-306(18).
(B) A private university or private college that adopts a policy only allowing carrying of a concealed handgun under this section shall post notices as described in § 5-73-306(18) and subdivision (c)(2)(C) of this section.
(C) If a private university or private college permits carrying a concealed handgun under this section, the private university or private college may revise any sign or notice required to be posted under § 5-73-306(18) to indicate that carrying a concealed handgun under this section is permitted.
(d) The storage of a handgun in a university or college-operated student dormitory or residence hall is prohibited under § 5-73-119(c).
Ark. Code § 5-73-322

Methods of Carry - Open Carry Laws

Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.

Open carry is allowed in Arkansas

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 club as a weapon against a person.

Ark. Code § 5-73-120

No Weapons Signs

No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.

In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.

Arkansas Prohibited Areas

  1. Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10′) that “carrying a handgun is prohibited”. Written notice is not required for a private home and any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun. (See AR Code § 5-73-306 (18) for more information)
  2. 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) of this section. A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. A licensee who receives written or verbal notification under subdivision (19) 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 (See AR Code § 5-73-306 (19) for more information)
  3. A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325, located at the Arkansas State Hospital, the University of Arkansas for Medical Sciences, or a collegiate athletic event

Ark. Code § 5-73-306

 

Enhanced Licensee ExemptionsA current licensee or new applicant who obtains an enhanced license is exempt from the prohibitions and restrictions on carrying a concealed handgun in the following locations:

  • Publicly owned buildings and facilities;
  • State Capitol grounds and the State Capitol Building;
  • Any meeting place of the governing body of any governmental entity;
  • Any meeting place of the General Assembly or a committee of the General Assembly;
  • Any state office;
  • Athletic events;
  • A portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises;
  • A portion of an establishment where beer or light wine is consumed on the premises;
  • Inside the passenger terminal of an airport;
  • Any church or other place of worship;
  • Any place where a parade or demonstration requiring a permit is being held, even when the licensee is a participant in the parade or demonstration;
  • The buildings and grounds of a public university, college, or community college.

Carrying a concealed firearm in the listed locations may be restricted or prohibited by other applicable law.

130-00-18 Ark. Code R. § 1 (Rule 7.3)

Controlled Substance/Alcohol Laws

Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.

Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”

27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)

Arkansas law does not address the issue of carrying a firearm under the influence of alcohol or controlled substances.

 

Vehicle and Transport Laws

Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.

Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.

Private Employer Parking Lots

A private employer shall not prohibit an employee from transporting or storing a legally owned firearm in the employee's private motor vehicle in the private employer's parking lot when the firearm is:

  1. Lawfully possessed; and
  2. Stored out of sight inside a locked private motor vehicle.

A private employer shall not prohibit or attempt to prevent an employee from entering the parking lot of the private employer's place of business because the employee's private motor vehicle contains a firearm if the firearm is:

  1. Kept for lawful purposes; and
  2. Stored out of sight inside a locked private motor vehicle.

An employer has the right to prohibit a person who is not an employee from storing a firearm in an employee's motor vehicle in the private employer's parking lot.

Ark. Code § 11-5-117

 

Storage Requirements

Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.

Arkansas does not have any laws specifically related to how firearms must be stored.

 

Other Weapons Restrictions

5-73-104. Criminal use of prohibited weapons.
(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any:
(1) Bomb;
(2) Metal knuckles; or
(3) Other implement for the infliction of serious physical injury or death that serves no lawful purpose.
(b) This section does not apply if the person uses, possesses, makes, repairs, sells, or otherwise deals in an item described in this section that is in compliance with the National Firearms Act, 26 U.S.C. §§ 5801 — 5861, or other applicable federal law, as either existed on January 1, 2019.
(c) It is a defense to prosecution under this section that:
(1) The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the United States Armed Forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or
(2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.
(d)(1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb.
(2) Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles.
(3) Otherwise, criminal use of prohibited weapons is a Class D felony.

Ark. Code Ann. § 5-73-104

 

5-73-124. Tear gas — Pepper spray.
(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 designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor.
(2)(A) It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only.
(B) However, the capacity of the container shall not exceed three hundred milliliters (300 ml).
(b) The provisions of this section do not apply to any:
(1) Law enforcement officer while engaged in the discharge of his or her official duties; or
(2) Banking institution desiring to have possession of tear gas or pepper spray in any form for the purpose of securing funds in its custody from theft or robbery.

Ark. Code Ann. § 5-73-124

 

5-73-133. Possession of a taser stun gun.
(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 an electrical charge.
(b)
(1) No person who is eighteen (18) years of age or under may purchase or possess a taser stun gun.
(2) 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.
(c) Any law enforcement officer using a taser stun gun shall be properly trained in the use of the taser stun gun and informed of any danger or risk of serious harm and injury that may be caused by the use of the taser stun gun on a person.
(d)
(1) A person who violates subdivision (b)(1) of this section is deemed guilty of an unclassified misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(2) A person who violates subdivision (b)(2) of this section is deemed guilty of a Class B felony.

Ark. Code Ann. § 5-73-133

Police Encounter Laws

Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.

In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.

The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.

Contact with law enforcement

  • While in possession of a concealed handgun, the licensee shall present the original license for inspection, along with an official form of photo identification, upon request for identification by any law enforcement officer.
  • In any official contact with law enforcement, if the licensee IS in possession of a handgun, when the officer asks the licensee for identification (driver's license, or personal information, such as name and date of birth), the licensee shall notify the officer that he or she holds a concealed handgun carry license and that he or she has a handgun in his or her possession.
  • In any official contact with law enforcement, if the licensee IS NOT in possession of a handgun, when the officer asks the licensee for identification (driver's license, or personal information, such as name and date of birth), the licensee shall not be required to notify the officer that he or she holds a concealed handgun carry license and does not have a handgun in his or her possession.

Code Ark. R. 130.00.8-3.2

Red Flag or Emergency Risk Orders

Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.

Arkansas does not have Emergency Risk Orders ("Red Flag Laws).

Use of Force in Defense of Person

The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.

Arkansas Self-Defense Law
(1) A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary.
(2) However, the person may not use deadly physical force except as provided in § 5-2-607.
Ark. Code Ann. § 5-2-606(a)

 

Arkansas Deadly Force Law

A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is:

  1. Committing or about to commit a felony involving physical force or violence;
  2. Using or about to use unlawful deadly physical force; or
  3. Imminently endangering the person's life or imminently about to victimize the person from the continuation of a pattern of domestic abuse.

Ark. Code § 5-2-607(a)

Use of Force in Defense of Others

Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.

Arkansas does not have a law specific to the defense of others but does allow for the defense of a third person in its defense-of-person law.

Use of Force in Defense of Habitation

The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.

Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.

Arkansas Defense of Premises

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.

A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if:

  • Use of deadly physical force is authorized by § 5-2-607; or
  • The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.

Ark. Code § 5-2-608

 

Arkansas “Castle Doctrine”

(a) The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.

(b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.

(c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.

Ark. Code Ann. § 5-2-620

Use of Force in Defense of Property

Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.

Arkansas Defense of Property

A person 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 other person's:

  1. Commission or attempted commission of theft or criminal mischief; or
  2. Subsequent flight from the commission or attempted commission of theft or criminal mischief.

Ark. Code § 5-2-609

 

Arkansas Defense of Property within Premises

(a) The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state.(b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.

(c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.

Ark. Code Ann. § 5-2-620

Self-Defense Immunity

To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.

Arkansas does not have any laws specifically related to self-defense immunity.

Duty to Retreat

A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.

Arkansas Stand Your Ground Law

“Stand Your Ground” is a common term for the concept that a person has no legal duty to retreat before using justified self-defense.

A person is not required to retreat before using deadly physical force if the person:

  1. Is lawfully present at the location where deadly physical force is used;
  2. Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person;
  3. Except as provided under § 5-2-606(b)(2)(B), is not the initial aggressor and has not provoked the person against whom the deadly physical force is used;
  4. Is not committing a felony offense of possession of a firearm by certain persons, § 5-73-103, with the firearm used to employ the deadly physical force, unless the person is in or at the person's dwelling or in the curtilage surrounding the person's dwelling;
  5. Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and
  6. Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in § 5-74-103.

Ark. Code § 5-2-607(b)

Self-Defense Limitations

5-2-614. Use of reckless or negligent force.
(a) When a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the person is reckless or negligent either in forming that belief or in employing an excessive degree of physical force, the justification afforded by this subchapter is unavailable in a prosecution for an offense for which recklessness or negligence suffices to establish a culpable mental state.

(b) When a person is justified under this subchapter in using physical force but he or she recklessly or negligently injures or creates a substantial risk of injury to a third party, the justification afforded by this subchapter is unavailable in a prosecution for the recklessness or negligence toward the third party.

Ark. Code Ann. § 5-2-614

Use of Force Against Animals

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Cases to Watch

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Update Notes

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