unlawful discharge of a firearm arkansas

6 0 obj Firearm laws are posted here as a courtesy only and are updated as often as possible. Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops are serving, or any specified portion thereof, to be in a state of insurrection or emergency. It shall be unlawful for any person to discharge a firearm within the corporate limits of the City of Carlisle, except: 1. by a duly authorized law enforcement or animal control officer when necessary in the performance of his official duties, or 2. In the event a legible set of fingerprints, as determined by the department and the Federal Bureau of Investigation, cannot be obtained after a minimum of two (2) attempts, the Director of the Department of Arkansas State Police shall determine eligibility in accordance with criteria that the department shall establish by promulgating rules. 419, 3. Is required to report to the Arkansas Higher Education Coordinating Board. Any person who becomes a resident of Arkansas who has a valid license to carry a concealed handgun issued by a reciprocal state may apply to transfer his or her license to Arkansas by submitting the following to the Department of Arkansas State Police: The person's current reciprocal state license; Two (2) properly completed fingerprint cards; A nonrefundable license fee of thirty-five dollars ($35.00); Any fee charged by a state or federal agency for a criminal history check; and. 431, 1. If the person to whom the request is directed is not the custodian of the records, the person shall so notify the requester and identify the custodian, if known to or readily ascertainable by the person. /Annots 18 0 R The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means. /BaseFont /ArialMT However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is: An explosive or incendiary device, as defined in 5-71-301; A defaced firearm, as described in 5-73-107; or. When the permitted premises is a retail liquor store that sells alcoholic beverages for off-premises consumption, an employee of the retail liquor store that is licensed to carry a concealed handgun by the state may possess a handgun on the permitted premises if the possession of the handgun is permitted under state law. The amount of information deleted shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made. 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. /FontBBox [-568 -307 2046 1040] Any criminal charge involving a weapon is a serious situation. Physical seizure of property is not necessary in order to allege in a petition under this section that the property is forfeitable. 2 0 obj If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter. 1947, 41-3161. 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. 10 0 obj <> endobj HISTORY: Acts 1995, No. 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). 664, 7; 2007, No. Some states have laws that prohibit the illegal use of a weapon. 1947, 41-3108; Acts 2005, No. 1947, 11-108, 11-120; Acts 2007, No. 411, 1; 2015, No. A private employer may bring a civil action against an employee who knowingly displays in a flagrant or unreasonable manner a handgun in plain sight of others at a private employer's place of business or in plain sight in an employee's motor vehicle, as described in 16-118-115, except when an employee's display of a handgun is incidental and reasonably related to the transfer of the employee's handgun from his or her locked container located within the employee's motor vehicle to another part of the employee's motor vehicle or employee's person. Criminal distribution of explosive material is a Class C felony. A licensee may possess a concealed handgun in the buildings and on the grounds of the 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. Personal information of current and former public water system customers and municipally owned utility system customers, including without limitation: Notwithstanding subdivision (b)(12) of this section, all employee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon final administrative resolution of any suspension or termination proceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. An active duty member of the armed forces of the United States, a member of the National Guard, or a member of a reserve component of the armed forces of the United States, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the department: Proof of assignment outside of this state on the expiration date of the license; and. 674, 1; 1995, No. The department shall maintain a list of licensees who have successfully completed a training course under subsection (g) of this section. An applicant requesting a restricted license shall establish proficiency in the use of a handgun and may use any kind of handgun when establishing proficiency; and. Prohibit a person who is not an employee from storing a handgun in the employee's motor vehicle in the private employer's parking lot; and. >> 843, as it existed on January 1, 2009, and the distribution of explosive material is in furtherance of the person's power; A member of a North Atlantic Treaty Organization or other friendly foreign military force, as determined by the Attorney General of the United States in consultation with the Secretary of Defense under 18 U.S.C. However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General. 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. >> Misdemeanor penalties usually apply where the risk of harm is low, such as firing into the air to celebrate (unless you happen to be at a big event). "Pregnant" means the female reproductive condition of having an unborn child in the female's body; and. HISTORY: Acts 1975, No. A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian's existing software. Tennessee 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. 315, 171. /CapHeight 0 315, 172. Plans and proposals for preventing and mitigating security risks; Plans and related information for generation, transmission, and distribution systems; and. 188, 1, No. 411, 8; 1995, No. Section 5-142. Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age. 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)(A) of this section. Except as otherwise provided in this section, any person who 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. 226, 3, 4; 2013, No. 1239, 1; 2007, No. However, the former elected or appointed sheriff is exempt from the fee prescribed by 5-73-311(a)(2) and from the training requirements of 5-73-309(13) for issuance. If a felon or a person under eighteen (18) years of age is unlawfully in possession of a firearm in a motor vehicle, the motor vehicle is subject to seizure and, after an adjudication of delinquency or a conviction, subject to forfeiture. You need to speak to a local criminal defense lawyer as soon as you're arrested, charged with a crime, or questioned by the police for any weapons charge. /Parent 1 0 R While the right to keep and bear arms is constitutionally protected, states have long restricted how and when people can use firearms. B felony. "Mental health institution or mental health treatment facility" means a public or private facility where a person may voluntarily admit himself or herself for mental health treatment; and. The Governor may 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, so long as the underlying felony or delinquency adjudication: 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: Other implement for the infliction of serious physical injury or death that serves no lawful purpose. 1947, 41-3107; Acts 1995, No. In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion. A licensee who completes a training course under this subsection shall be given a concealed carry endorsement by the department on his or her license to carry a concealed handgun that the person is permitted to possess and carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college. Proposed Federal Firearm Gun Legislation: http://www.lexisnexis.com/hottopics/arcode/Default.asp. South Carolina Law, Intellectual 15 0 obj Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant; A waiver authorizing the department access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records. /Flags 32 (1) Without permission from the proper officials and subject to division (B) (1) of this section, Common exceptions include firing the weapon in a gun range or shooting gallery, firing blank ammunition during an athletic contest, firing a weapon in self defense, or firing while on hunting grounds with a hunting permit. Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer. 595, 1; 1995, No. 827, 101. ; Possession of a weapon on the permitted premises by a person without a possessory or proprietary interest in the permitted premises. The circuit court shall grant the petition if the circuit court finds by a preponderance of the evidence the following: The petitioner is not likely to act in a manner that is dangerous to public safety; and. 419, 2; 1997, No. Login. Whether the arrest is lawful or unlawful, a person may not use physical force to resist an arrest by a person who is known or reasonably appears to be a: HISTORY: Acts 1975, No. Yes, it is important to consult with an experienced criminal attorney if you are facing an accidental discharge of a firearm charge. HISTORY: Acts 1995, No. 411, 2; 1995, No. 280, 3102; A.S.A. HISTORY: Acts 1995, No. to a home, residence, or other occupiable structure. If a law enforcement agency desires to sell a forfeited motor vehicle, the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and by sending a copy of the notice of the sale by certified mail, return receipt requested, to each person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if: The notice of the sale shall include the time, place, and conditions of the sale and a description of the property to be sold. Possession of firearm by convicted felon Exceptions. Prosecutors must show you intentionally fired the weapon, even if they don't need to show you did so maliciously or with the intent to hurt someone or damage property. Any police station, sheriff's station, or Department of Arkansas State Police station; Any Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department facility; Any building of the Arkansas State Highway and Transportation Department or onto grounds adjacent to any building of the Arkansas State Highway and Transportation Department. 813, 1; A.S.A. Executive orders, proclamations, and regulations have the force and effect of law. These types of discharges often occur in places where firearms are more likely to be present, such as, An individual deliberately pulling the trigger of a firearm for a purpose other than to have the firearm discharge;. Has renounced his or her United States citizenship. Strict liability of person who fails to securely store a loaded firearm. In most cases, negligent accidental discharge offenses carry lighter penalties than. 487, 1; 2007, No. 280, 509; A.S.A. Upon receipt of the items listed in subsection (a) of this section, the department shall forward the full set of fingerprints of the applicant to the appropriate agencies for state and federal processing. /Type /Font 1947, 41-3101; Acts 2001, No. "Auxiliary law enforcement officer" means a person certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff or chief of police of a municipality where he or she is acting as an auxiliary law enforcement officer if the auxiliary law enforcement officer has completed the minimum training requirements and is certified as an auxiliary law enforcement officer in accordance with the commission; and. HISTORY: Acts 1975, No. It is permissible to carry a handgun under this section if at the time of the act of possessing a handgun or firearm: The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning; The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties; The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces; The person is a registered commissioned security guard acting in the course and scope of his or her duties; The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun or firearm; The person is a certified law enforcement officer, either on-duty or off-duty. HISTORY: Acts 1969, No. However, access to inspect and copy public records shall be denied to: A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and. Participation in an authorized firearms-related activity; Carrying a concealed handgun as authorized under 5-73-322; or. Estate Subject to constitutional limitation, nothing in this section and 5-73-101 -- 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible, when that person is in possession of a deadly weapon. 1239, 2; 2003, No. Definitions. If the circuit court finds that the applicant is notprohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the circuit court shall order the chief law enforcement officer to issue the certification to the applicant. machine gun is exempt from the presumption of offensive or aggressive purpose if: The machine gun has been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act, 26 U.S.C. will depend upon local state laws and the degree of injury and/or damage caused by the accidental discharge. 1947, 41-3102. The manufacture for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States, or the transportation required for that purpose; The possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or. It shall be unlawful to discharge a firearm, including shotguns, rifles, pistols or any other firearm, from or across any public road, public waterway, or public body of allow people to legally discharge a weapon in certain situations. 419, 1; 2015, No. /LastChar 255 Notwithstanding subsection (b) of this section, the governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, may enact an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. Iowa 605, 9; 2009, No. Michigan 748, 41. This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. 419, 1; 1997, No. An individual carelessly discharging a handgun, pistol, and/or revolver with lethal ammunition is generally considered reckless. West Virginia 1947, 41-3160; Acts 2003, No. 315, 173. Contact us. Unlawful possession of a weapon on school property Posting of sign Exemptions. LegalMatch, Market A violation of subdivision (a)(1) of this section is a Class A misdemeanor. Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb. A person shall not sell, rent, or transfer a firearm to any person who he or she knows is prohibited by state or federal law from possessing the firearm. You cannot commit an unlawful discharge of a weapon if you fire it accidentally. Art. A felony conviction may result in a year or more in prison and/or larger fines.. /LastChar 255 Punishment for a felony accidental discharge conviction may include: There are life-long consequences that may occur after a felony conviction, including: Yes, laws regarding accidental discharge of a firearm vary by state. 1017, 1. 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. 419, 2; 1997, No. (c) (1) (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture. "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and, Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or. A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iii) of this section into the courthouse, courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located; The licensee's principal place of employment is within the courthouse, the courthouse annex or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office; and. The Director of the Department of Arkansas State Police may deny a license if within the preceding five (5) years the applicant has been found guilty of one (1) or more crimes of violence constituting a misdemeanor or for the offense of carrying a weapon. One may be a manufacturing defect in the firearm. Immediate revocation if the license has already been issued; A statement that the applicant desires a legal means to carry a concealed handgun to defend himself or herself; A statement of whether the applicant is applying for: An unrestricted license, that allows the person to carry any handgun; or. 933, 2, No. /ItalicAngle 0 315, 968. Up to date information can be found at http://www.lexisnexis.com/hottopics/arcode/Default.asp. "Certified law enforcement officer" means any appointed or elected law enforcement officer or county sheriff employed by a public law enforcement department, office, or agency who: Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; and, Has met the selection and training requirements for certification set by the Arkansas Commission on Law Enforcement Standards and Training; and. HISTORY: Acts 1975, No. Every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer. A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter. Present (B) The reference to 5-64-505 and 5-64-509 is procedural only, and it is not a defense to forfeiture under this section that the shooting did not involve a controlled substance. 280, 506; A.S.A. A person who violates this section commits a Class B felony if: The person has a prior violent felony conviction; The person's current possession of a firearm involves the commission of another crime; or. Application for permit. 1038, 1; No. creates a substantial risk of physical injury to another person or property damage She holds a B.A. A licensee who intends to carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college is required to complete a training course approved by the Director of the Department of Arkansas State Police. An accidental discharge of a firearm, also known as an unintentional discharge of a firearm, is defined as discharging the firearm at a time not intended by the Arkansas may have more current or accurate information.
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