Arkansas has no laws regarding microstamping, smart guns, or ballistic identification.

Possession or use of a “machine gun” is a crime only if the possession or use is for an “offensive or aggressive purpose,” although state law contains a number of presumptions as to when this purpose is deemed to have occurred (e.g., when the machine gun is in the possession of or used by an unnaturalized foreign-born person or a person who has been convicted of a crime of violence in any court). A “machine gun” means a weapon of any description by whatever name known, loaded or unloaded, from which more than 5 shots or bullets may be rapidly, or automatically, or semi-automatically, discharged from a magazine, by a single function of the firing device. Ark. Code Ann. §§ 5-73-204, 5-73-205 (presumptions) and 5-73-202 (definition).  

Arkansas regulates the possession and carrying of tear gas or pepper spray by other than law enforcement. Knowingly carrying or possessing “tear gas or pepper spray in any form” is a crime if the capacity of the canister or container exceeds 300ml, or the carrying, possession or use is for any purpose other than self-defense; Ark. Code Ann. § 5-73-124. 

Individuals aged 18 or under are prohibited from possessing or purchasing “taser stun guns” and it is a felony to sell, barter, lease, give, rent, or otherwise furnish a taser stun gun to anyone aged 18 or under; Ark. Code Ann. § 5-73-133.

State law requires the Division of Arkansas State Police to maintain an automated listing of all concealed carry license holders, but this law expressly states that it cannot be construed to “require or allow the registration, documentation, or providing of a serial number with regard to any firearm.” Ark. Code Ann. § 5-73-307.

Arkansas requires that a manufacturer of machine guns keep a register of all machine guns manufactured or handled by the manufacturer, recording the model and serial number, date of manufacture, sale, loan, gift, delivery, or receipt, of every machine gun, the name, address, and occupation of the person to whom the machine gun was sold, loaned, given, or delivered, or from whom it was received. The register is to be provided to law enforcement for inspection on demand. A violation is punishable by a $100 fine. Ark. Code Ann. § 5-73-208.

A felony conviction includes any felony for which the court suspended imposition of sentence or placed the defendant on probation, but does not include (1) any conviction for an antitrust violation, unfair trade practice, restraint of trade, or another offense relating to the regulation of business practices; (2) any conviction that has been expunged under Arkansas law, or for which a pardon has been granted that explicitly restores the right to possess a firearm. Ark. Code Ann. § 5-73-103(b) and (e). 

State law at § 5-73-103(d) authorizes the Governor to restore (without granting a pardon) the right of a convicted felon or an adjudicated delinquent to own and possess a firearm, upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, if the underlying felony conviction or delinquency adjudication did not involve the use of a weapon and occurred more than eight years previously.

It is a crime to sell, rent, or transfer a firearm to any person whom the transferor knows is prohibited by state or federal law from possessing the firearm. Ark. Code Ann. § 5-73-132. It is a separate crime to sell, barter, lease, give, rent, or otherwise furnish a handgun to a person known to be a felon; Ark. Code Ann. § 5-73-129.

Minimum Age. With some exceptions, it is a crime for any person under the age of 18 to possess a handgun. Exceptions include a minor in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest; a minor lawfully hunting game with a handgun or firearm that may be hunted with a handgun or firearm; or a minor participating in a certified hunting safety course, a school-approved educational course or sporting activity involving the use of firearms, a lawful marksmanship competition or practice or other lawful and supervised recreational shooting. Ark. Code Ann. § 5-73-119(a) and (e). 

Any person under 18 years of age found to be unlawfully in possession of a firearm is liable to have the firearm seized and forfeited, and if a felon or a person under 18 is unlawfully in possession of a firearm in a motor vehicle, the motor vehicle is also subject to seizure and possible forfeiture. Ark. Code Ann. § 5-73-130.

It is a crime to sell, barter, lease, give, rent, or otherwise furnish a firearm or other deadly weapon to anyone aged under 18 without the consent of a parent, guardian, or other person responsible for general supervision of the minor’s welfare. Ark. Code Ann. § 5-73-109.

Permitless carry. Ark. Code Ann. § 5-73-329(2) states that “this subchapter [on concealed carry licensing] 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 Ann. § 5-73-120 makes it a crime to carry a handgun on or about the person, in a vehicle occupied by the person, or otherwise readily available for use “with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against” another person. 

Permits to Carry. Arkansas is a “shall issue” jurisdiction, Ark. Code Ann. § 5-73-309.  It has two types of “concealed handgun carry licenses” (CHCL) – a regular license, and a license with a “concealed carry endorsement” (also referred to as an “enhanced” license), with additional training requirements that allows the holder to carry at some locations that are otherwise no-carry zones (see below). State law, Ark. Code Ann. § 5-73-310, also divides CHCLs into restricted or unrestricted: restricted means carrying “any handgun other than a semiautomatic handgun.”

Issuing agency/official: Arkansas State Police

Minimum age:  21, but this drops to 18 for any applicant who is (a) a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces; (b) in the National Guard or a reserve component of the United States Armed Forces; or (c) a former member of the United States Armed Forces who has been honorably discharged; § 5-73-309(3).

State residency: Yes – must be resident in Arkansas continuously for at least 90 days immediately preceding the filing of the application. There are exceptions for active-duty members of the United States Armed Forces and their spouses with documentation of their active-duty status; see § 5-73-309(2)(B).

Objective disqualifications: Ark. Code Ann. § 5-73-309 bars any applicant who (1) suffers from a mental or physical infirmity that prevents the safe handling of a handgun, or who has threatened or attempted suicide; (2) has any felony conviction except those that have been the subject of a pardon that explicitly restores firearm rights, or for which the applicant was sentenced prior to April 1995 and the conviction has been sealed/expunged, or where the offense was dismissed and sealed or expunged under the Comprehensive Criminal Record Sealing Act of 2013 or by a drug court program judge; (3) chronically or habitually abuses a controlled substance to the extent that normal faculties are impaired, unless it is as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016; (4) chronically or habitually uses alcoholic beverages to the extent that normal faculties are impaired; (5) has been adjudicated mentally incompetent, or voluntarily or involuntarily committed to a mental health institution or mental health treatment facility (those voluntarily committed may apply if a court has granted their petition of mental fitness); (6) is a fugitive from justice or has an active warrant for his or her arrest; (7) is not a citizen of the United States or a permanent legal resident; or (8) fails a federal NICS check or is otherwise subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, although an applicant is not be disqualified solely due to their status as a qualifying patient or designated caregiver under the state’s medical marijuana law. 

Non-objective disqualifiers? The state police are required to forward notice of the application to the sheriff/ police chief of the applicant’s place of residence, and may deny the license (1) if, within the preceding five years, the applicant has been found guilty of one or more misdemeanor crimes of violence or for the offense of carrying a weapon. Misdemeanors that been expunged or for which the imposition of sentence was suspended do not count; or (2) where the state police/ county sheriff/ chief of police submit an affidavit that the applicant has been or is reasonably likely to be a danger to self or others or to the community at large, as demonstrated by past incidents or threats, or the applicant is under a criminal investigation at the time of applying; § 5-73-308.

Training/Familiarity requirement? Yes, established by a training certificate issued by a firearms safety instructor registered with the state police. The application must be received or completed online within 6 months of the training date.

Fees: For applicants under 65, the license fee is $50; for applicants 65 or older, the fee is $25 (the fingerprinting fees are the responsibility of the applicant). There is no license fee for applicants who are United States Armed Forces veterans or who are currently serving in the United States Armed Forces. Ark. Code Ann. § 5-73-311. To upgrade a license to an enhanced license, the fee is $15 for applicants under 65, and $7.50 for those 65 or older.  

Fingerprints required? Yes

Maximum processing time?120 days pursuant to § 5-73-308(b)(2); grounds for any denial must be included in writing.

Duration of permit? Five years unless earlier revoked or suspended. A license may be renewed no earlier than 90 days prior to its expiration date

Concealed carry endorsement/ Enhanced permit requirements: Ark. Code Ann. § 5-73-322(g) requires completion of a state police-approved training course of no more than 8 hours duration, at a nominal cost, and which doesn’t have to be retaken once successfully completed to maintain the endorsement.

Other ID required when carrying with permit? Licensees must possess valid identification together with their license when carrying a concealed handgun, and display both proper ID and the license (or a digital copy in an acceptable electronic format) upon demand by a law enforcement officer. Presenting proof of a license in electronic form does not authorize the officer to conduct a search of the electronic device; Ark. Code Ann. § 5-73-315

Mandatory notifications: A licensee must give the state police written notice within 30 days of any loss of a license or a change of address 

Special provisions? Certain law enforcement officers/retired officers authorized to carry a concealed handgun and “employees of a local detention facility,” as defined, are exempt from the licensing requirements in the law; see Ark. Code Ann. § 5-73-304.

State law allows new residents to apply to convert their current, out-of-state carry licenseto an Arkansas license by submitting the license, fingerprint cards, a $35 fee plus any fee for the background checks, to the state police, with the transferred license being valid for a five year period; see § 5-73-319 and the state police page on transfers. 

Non-resident carry? The state permitless law carry law applies to non-residents; otherwise, a person in possession of a valid license to carry a concealed handgun issued by another state is entitled to the same privileges and subject to the same restrictions as an Arkansas licensee.

Places where carrying is prohibited, even with a license. Arkansas law on prohibited places, Ark. Code Ann. §§ 5-73-119, 5-73-122, 5-73-306, and 5-7-322, is complicated and the following is a general summary only. 

A. K-12 Schools. State law generally prohibits possessing a firearm of any kind on the developed property of a public or private K-12 school, in any school bus, or at a designated bus stop identified on the route list published annually by a school district. This law has many exceptions, including persons with an Arkansas-issued license carrying a concealed handgun in their motor vehicle or who have left the handgun in a locked and unattended motor vehicle in a publicly owned and maintained parking lot. 

B.  Places in which licensees cannot carry:

(1) a police station, sheriff’s station, or state police station;

(2) a facility of the Arkansas Highway Police Division of the Arkansas Department of Transportation;

(3) any part of a detention facility, prison, jail, or residential treatment facility owned or operated by the Division of Youth Services, including a parking lot;

(4) subject to specified exceptions, any courthouse, courthouse annex, courtroom, or other building regularly used by a county for conducting court proceedings or housing a county office; 

(5) a state office or any meeting of the General Assembly or its committee, or any meeting of the governing body of any other governmental entity;

(6) an athletic event not related to firearms;

(7) a place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration;
(8) inside the passenger terminal of any airport, unless the legal firearm is carried into the passenger terminal encased, for purposes of checking the firearm as baggage;

(9) any place where the carrying of a firearm is prohibited by federal law;

(10) a school, or a public college/community college/university campus building or event, unless the licensee is participating in an authorized firearms-related activity; is carrying or storing a handgun in the public parking lot of a college, community college, or university; is carrying at a private college/university that has not been posted as a no-carry zone; or is carrying at a private K-12 school or prekindergarten private school where the school has authorized carrying.

C.  Places at which regular licensees cannot carry but which have special rules for enhanced licensees (see generally Ark. Code Ann. §§ 5-73-322(h) and 5-73-122):

 (1) an establishment (other than a restaurant) licensed to dispense alcoholic drinks and for onsite consumption, although enhanced licensees may carry unless the establishment has either posted notices at entrances or has given the licensee written or verbal notice that carrying a handgun is prohibited;

(2) a church or other place of worship unless the church/place of worship has posted notices at entrances or has given the licensee written or verbal notice that carrying a handgun is prohibited, and the church may still allow a specific person to carry without an enhanced license;

(3) 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;

(4) a publicly owned building or facility or on the State Capitol grounds, subject to listed exceptions like “posted firearm sensitive areas,” correctional facilities, and others; § 5-73-122;

(5) a meeting place of the governing body of any governmental entity or meeting of the General Assembly or a committee of the General Assembly, any state office, any athletic event not related to firearms, or at a parade or demonstration requiring a permit and where the licensee is a participant, although any of these that are premises owned or operated by a private entity are still subject to written or verbal notice that the carrying of a concealed handgun is prohibited. 

 Private property owners generally retain the ability to give the required written (posted) or verbal notice that carrying of concealed handguns is prohibited on their premises, but this doesn’t apply if the proprietor is a public university, public college, or community college and the person is carrying as otherwise permitted by law; to a publicly owned and maintained parking lot, if the person is carrying or storing the firearm in a vehicle, as otherwise permitted by law; or a parking lot of a private employer and the person is carrying a handgun as provided under § 11-5-117. See Ark. Code Ann. § 5-73-306(18).

Under Ark. Code Ann. §§ 14-16-504(b)(1) and 14-54-1411(b)(1), a “local unit of government” (a city, town, or county) is prohibited from enacting any ordinance or regulation pertaining to “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 exempts any ordinance regulating or forbidding the unsafe discharge of a firearm, and emergency ordinances regulating the transfer, transportation, or carrying of firearms or components of firearms following the proclamation by the Governor of a state of emergency.

It is a crime to sell, barter, lease, give, rent, or otherwise furnish a firearm or other deadly weapon to anyone aged under 18 without the consent of a parent, guardian, or other person responsible for general supervision of the minor’s welfare; the crime is a felony if the weapon is a handgun. Ark. Code Ann. § 5-73-109. 

It is a crime to sell, rent, or transfer a firearm to any person whom the transferor knows is prohibited by state or federal law from possessing the firearm. It is a separate felony to sell, barter, lease, give, rent, or otherwise furnish a handgun to a person known to be a felon; Ark. Code Ann. § 5-73-132 and § 5-73-129.