§ 5-73-120 — Carrying a weapon

Arkansas § 5-73-120

• Jurisdiction: Arkansas
• Title: 5

Text

(a) 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. (b) As used in this section: (1) "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap; (2) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand; and (3) "Knife" means any bladed hand instrument three inches (3") or longer that is capable of inflicting serious physical injury or death by cutting or stabbing, including a dirk, a sword or spear in a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterfly knife. (c) A person is presumed to be carrying a weapon with a lawful purpose under this section if at the time of the act of carrying the weapon: (1) The person is in his or her own dwelling, in his or her personal vehicle, in his or her place of business, or on property in which he or she has a possessory or proprietary interest; (2) The person is a law enforcement officer, correctional officer, member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or member of the armed forces, acting in the course and scope of his or her official duties; (3) 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; (4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon; (5) The person is a registered commissioned security guard acting in the course and scope of his or her duties; (6) The person is hunting game with a handgun that may be hunted with a handgun under 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; (7) (A) The person is a certified law enforcement officer, either on-duty or off-duty. (B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer; (8) The person is in possession of a concealed handgun and has a valid license to carry a concealed handgun under § 5-73-301 et seq., or recognized under § 5-73-321 and is not in a prohibited place as defined by § 5-73-306 ; (9) The person is a prosecuting attorney or deputy prosecuting attorney carrying a firearm under § 16-21-147 ; (10) The person is in possession of a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law; (11) The person is in possession of a concealed handgun and is a current or former district court judge, circuit court judge, Court of Appeals judge, or Supreme Court justice, with a valid license to carry a concealed handgun under § 5-73-301 et seq.; or (12) The person: (A) Is an employee of the Department of Corrections; (B) Is in his or her personal vehicle in a parking lot owned or operated by the department; (C) Has stored the weapon in a locked storage container that is attached to his or her personal vehicle; and (D) Has declared in writing to the department his or her intent to carry a weapon and received approval to carry a weapon under this subdivision (c)(12) in writing from the Secretary of the Department of Corrections or his or her designee. (d) Carrying a weapon is a Class A misdemeanor.

Legislative History

Amended by Act 2023, No. 174,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 166,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 956,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 766,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 472,§ 2, eff. 3/15/2019. Amended by Act 2015, No. 1155,§ 14, eff. 7/22/2015. Amended by Act 2013, No. 746,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 539,§ 2, eff. 3/28/2013. Acts 1975, No. 696, § 1; 1981, No. 813, § 1; A.S.A. 1947, § 41-3151; Acts 1987, No. 266, § 1; 1987, No. 556, § 1; 1987, No. 734, § 1; 1995, No. 832, § 1; 2003, No. 1267, § 2; 2005, No. 1994, § 293.