§ 5-73-309 — License - Requirements

Arkansas § 5-73-309

• Jurisdiction: Arkansas
• Title: 5

Text

The Director of the Division of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant: (1) Is a citizen of the United States or a permanent legal resident; (2) (A) Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application. (B) However, subdivision (2)(A) of this section does not apply to any: (i) Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or (ii) Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status; (3) Is at least: (A) Twenty-one (21) years of age; or (B) Eighteen (18) years of age and is: (i) Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces; (ii) In the National Guard or a reserve component of the United States Armed Forces; or (iii) A former member of the United States Armed Forces who has been honorably discharged; (4) Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide; (5) Has not been convicted of a felony in a court of this state, of any other state, or of the United States unless: (A) The applicant is subsequently granted a pardon by the Governor or the President of the United States explicitly restoring his or her ability to possess a firearm; (B) The applicant was sentenced prior to March 13, 1995, and the record of conviction has been sealed or expunged under Arkansas law; or (C) The applicant's offense was dismissed and sealed or expunged under § 16-93-301 et seq. or § 16-98-303(g) ; (6) (A) Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Division of Arkansas State Police and the Federal Bureau of Investigation's National Instant Criminal Background Check System. (B) The director shall not consider a person's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98, § 2, in determining whether an applicant is eligible to be issued a license to carry a concealed handgun under this subchapter; (7) (A) Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired. (B) It is presumed that an applicant chronically and habitually uses a controlled substance to the extent that his or her faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, § 5-64-101 et seq., or a similar law of any other state or the United States relating to a controlled substance within the three-year period immediately preceding the date on which the application is submitted. (C) An applicant shall not be considered to chronically or habitually abuse a controlled substance based solely on the applicant's status as a qualifying patient or designated caregiver under the Arkansas Medical Marijuana Amendment of 2016, Arkansas Constitution, Amendment 98; (8) (A) Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired. (B) It is presumed that an applicant chronically and habitually uses an alcoholic beverage to the extent that his or her normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under a law of this state or similar law of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted; (9) Desires a legal means to carry a concealed handgun to defend himself or herself; (10) Has not been adjudicated mentally incompetent; (11) (A) Has not been voluntarily or involuntarily committed to a mental health institution or mental health treatment facility. (B) An applicant who voluntarily sought mental health treatment at a mental health institution or mental health treatment facility may obtain a license under this subchapter if a circuit court grants his or her petition under § 5-73-327 ; (12) Is not a fugitive from justice or does not have an active warrant for his or her arrest; (13) Has satisfactorily completed a training course as prescribed and approved by the director; and (14) Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution.

Legislative History

Amended by Act 2023, No. 757,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 30,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 1038,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 917,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5739, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5738, eff. 7/1/2019. Amended by Act 2015, No. 649,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 105,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 989,§ 1, eff. 8/16/2013. Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 1997, No. 368, § 1; 1997, No. 1239, § 10; 1999, No. 51, § 1; 2003, No. 545, §§ 1, 5; 2007, No. 198, § 1; 2007, No. 664, § 3.