Arkansas

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)

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

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

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

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

(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.

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

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

Arkansas has no laws restricting the ammunition capacity of magazines.

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)

(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).

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

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)

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

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

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

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

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

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)

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.

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

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

(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

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

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)

(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