Arkansas Gun Control Laws
By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 30, 2024
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Guns are a hot-button issue in America. State gun laws reflect the vast difference in attitudes toward gun ownership and gun violence from one region to the next. Many states require a waiting period upon purchase of a firearm and have several restrictions on the carrying of handguns. Arkansas gun laws are more permissive than many other states.
Gun owners point to the Second Amendment of the U.S. Constitution as the basis for limited regulation of firearms. It protects the right to bear arms. In recent years, the U.S. Supreme Court has called the right to own guns an individual right for self-defense at home and in public.
The Court has also stated that gun rights are not absolute. The government may place reasonable restrictions on firearms and their use. The Court requires a historical test for such regulations, asking whether the firearm restriction is consistent with traditional gun regulations in the U.S.
Federal gun control laws provide for the licensing of gun dealers. They also prohibit certain persons from possessing firearms. This includes convicted felons and users of illegal drugs. Federal law also set up the National Instant Criminal Background Check System (NICS) which assists gun dealers and law enforcement agencies.
The Basics of Arkansas Gun Control Laws
Arkansas law prohibits some weapons that are banned in other states, such as machine guns and defaced firearms. Other than that, Arkansas has very few controls on gun ownership.
There is no waiting period to purchase a firearm, including handguns. The state does not require a permit to buy handguns. Arkansas does not require universal background checks for gun purchases. If you buy a gun from a licensed dealer, they will comply with federal law and run a background check before delivery of the weapon. If you buy a gun through a private sale, there is no background check requirement.
In recent years, the number of mass shootings has led to new public safety efforts in several states. This has led to restrictions on ownership of assault-style weapons and undetectable guns which may be created through 3-D printing or built from mail-order gun kits.
Several states have also adopted so-called red flag laws that allow courts to prohibit the possession of firearms by persons who are a threat to themselves or others.
Arkansas has not joined such efforts. In contrast, the state has loosened regulations on the carrying of concealed firearms. It enacted a permitless concealed carry law. Under permitless carry, an otherwise law-abiding citizen can carry a concealed handgun without first getting a state permit and passing a background check.
Due to confusion over when a concealed carry permit is required, the Arkansas General Assembly passed Act 777. It clarified that the purpose and construction of the concealed handguns subchapter of the Arkansas Code was to assist residents with reciprocity with other states. Arkansas law does not require a person to obtain a license to carry a concealed handgun in the state.
Arkansas offers the option of regular and enhanced permits. An enhanced permit requires a separate firearms safety training certificate. It may allow a permit holder to take a concealed firearm into certain places that are otherwise prohibited. This includes public colleges and most public buildings. More information appears on the Arkansas State Police website.
In Arkansas, there is no minimum age for owning a rifle or shotgun. However, the law prohibits most people under 18 years old from possessing a handgun. There are exceptions for minors under parental or other adult supervision who are participating in lawful marksmanship competitions, practices, or other lawful recreational shooting.
As with other states, Arkansas prohibits bringing firearms into certain places. Location restrictions come with several exceptions. In general, you cannot have a gun in the following locations:
- Public or private schools (K-12)
- School buses and bus stops
- Colleges and universities and their events
- Public buildings at the State Capitol, including the Arkansas Justice building in Little Rock
- Police, sheriff, state police stations
- Detention facilities, jails, prisons
- Any meeting place of the governing body of a governmental unit
- Any meeting of the General Assembly or one of its committees
- Any state office
- Athletic events not related to firearms
- Churches and other places of worship
- Parades or demonstrations that require a permit
- Passenger terminal of an airport
- Certain places licensed to dispense alcoholic beverages
- Private property when notice provided
Law enforcement officers are permitted to carry a weapon in a number of these locations.
Overview of Arkansas Gun Laws
Additional details about gun laws in the state of Arkansas are listed below.
Relevant Arkansas Gun Control Statutes (Laws) |
Arkansas Code, Title 5, Criminal Offenses
|
---|---|
Illegal Arms |
The following arms are illegal to own in Arkansas:
|
Waiting Period |
There is no waiting period to purchase a firearm in Arkansas. |
Who May Not Own |
The following persons are prohibited from owning a firearm:
|
License Required? |
No. You don't need a license to purchase or own a gun in Arkansas. |
Concealed Carry License Required? |
No. A state concealed handgun carry license (CHCL) is optional. At 18 years old, a person can carry a concealed handgun in the state if they are otherwise engaged in lawful activity and under no prohibition. The state provides a CHCL for citizens who desire to have reciprocity in other states. |
Open Carried Allowed? |
Yes. Open carry is allowed in Arkansas unless there is an unlawful intent to use the firearm against a person. |
Eligibility for a Concealed Carry License |
To be eligible for a concealed handgun carry license (CHCL) you must:
You may apply for a restricted license (live fire training with revolver) or an unrestricted license (live fire training with a semi-automatic handgun). You may also apply for an enhanced CHCL. It requires separate training. An application for any CHCL may be denied if you have been found guilty of a misdemeanor crime of violence or an offense of carrying a weapon within the past five years. Arkansas recognizes all out-of-state concealed carry licenses. |
Machine Gun Laws |
|
Penalties for Illegal Firearm Possession |
|
Penalties for Illegal Possession on or Near School Grounds |
It is a class D felony to illegally possess a firearm at a school bus stop, on a school bus, or on the developed property of a school (K-12). The penalty for the offense can be up to six years in prison, a fine of up to $10,000, or both. |
Red Flag Law? |
No. Arkansas does not have a red flag law that permits seizure of firearms from persons a court finds to pose a threat of harm to themselves or others. |
Universal Background Checks? |
No. Arkansas does not require background checks on private firearms transactions. |
Stand Your Ground Law? |
Yes. Arkansas law permits a person engaged in self-defense or defense of others to use deadly force under certain circumstances where such force is justified with no duty to retreat. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
Arkansas Gun Control Laws: Related Resources
- Domestic Violence: Firearms
- Gun Laws
- Arkansas Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC
Facing a Firearms Violation in Arkansas? Speak With an Attorney
Firearms violations are serious charges and require the help of an experienced criminal defense attorney. A defense lawyer can also help you understand Arkansas laws on gun ownership and concealed weapons.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex criminal defense situations usually require a lawyer
- Defense attorneys can help protect your rights
- A lawyer can seek to reduce or eliminate criminal penalties
Get tailored advice and ask your legal questions. Many Arkansas attorneys offer free consultations.
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