§ 5-73-122 — Carrying a firearm in publicly owned buildings or facilities

Arkansas § 5-73-122

• Jurisdiction: Arkansas
• Title: 5

Text

(a) (1) Except as provided in § 5-73-322 , § 5-73-306(5) , § 16-21-147 , and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. (2) It is unlawful for any person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state or any city or county, a member of a municipal fire department bomb squad who is authorized to carry a concealed handgun under § 12-15-204 , or any state or federal military personnel, to knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Arkansas Justice Building in Little Rock. (3) However, this subsection does not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds: (A) For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds; (B) If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds; (C) (i) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and 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 in a publicly owned and maintained parking lot. (ii) (a) As used in this subdivision (a)(3)(C), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at school. (b) "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by: (1) The Division of Correction; (2) The Division of Community Correction; or (3) A residential treatment facility owned or operated by the Division of Youth Services; (D) If the person has completed the required training and received a concealed carry endorsement under § 5-73-322(g) and the place is not: (i) A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by § 5-73-306(5) or § 5-73-306(6) ; (ii) A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section; (iii) A facility operated by the Division of Correction or the Division of Community Correction; or (iv) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325 , located at: (a) The Arkansas State Hospital; (b) The University of Arkansas for Medical Sciences; or (c) A collegiate athletic event; (E) If the person has a license to carry a concealed handgun under § 5-73-301 et seq., is a justice of the Supreme Court or a judge on the Court of Appeals, and is carrying a concealed handgun in the Arkansas Justice Building; or (F) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in a municipally owned or maintained park, or another similar municipally owned or maintained recreational property, except for those portions of a municipally owned or maintained park or recreational property that contain a: (i) Football field, baseball field, soccer field, or other sports field where an athletic event or practice is occurring at the time; (ii) Municipally owned or maintained building; or (iii) Leased area to be used for a special event. (4) As used in this section, "facility" does not mean a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property. (b) However, a law enforcement officer, either on-duty or off-duty, officer of the court, bailiff, or other person authorized by the court is permitted to possess a handgun in the courtroom of any court or a courthouse of this state. (c) A person violating this section upon conviction is guilty of a Class C misdemeanor. (d) An off-duty law enforcement officer carrying a firearm in a publicly owned building or facility may be required to be in physical possession of a valid identification identifying the person as a law enforcement officer. (e) An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise.

Legislative History

Amended by Act 2023, No. 166,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 693,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 638,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 431,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 681, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 680, eff. 7/1/2019. Amended by Act 2019, No. 472,§ 5, eff. 3/15/2019. Amended by Act 2019, No. 472,§ 4, eff. 3/15/2019. Amended by Act 2019, No. 472,§ 3, eff. 3/15/2019. Amended by Act 2017, No. 859,§ 2, eff. 9/1/2017. Amended by Act 2017, No. 562,§ 1, eff. 9/1/2017. Amended by Act 2017, No. 1087,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1259,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1078,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 226,§ 2, eff. 8/16/2013. Acts 1977, No. 549, §§ 1, 2; A.S.A. 1947, §§ 41-3113, 41-3114; Acts 1991, No. 1044, § 1; 1995, No. 1223, § 1; 1997, No. 910, § 1.