Current through Register Vol. 49, No. 2, February 2024
PURPOSE - Implements Acts 415 and 539 of 2013
regarding who is not bound by the Arkansas concealed handgun carry laws and
rules.
EXPLANATION - Acts 415 and 539 of 2013 allows
authorized individuals to carry a firearm under ACA §
12-15-201
and 202 and §
16-21-147.
Those persons legally authorized to carry a firearm under those provisions of
the law are not bound by the Arkansas Concealed Handgun Carry law or
rules.
Rule 1.5
Exemptions -
Authorized under other laws
Any person legally authorized to carry a firearm under any
Arkansas or federal law other than ACA §
5-73-301 et seq is
not bound by the Arkansas Concealed Handgun Carry License law or rules.
PURPOSE - This change implements Act 989 of 2013.
That Act allows the spouse of active duty military to present the spouse's
active duty orders and then apply for an Arkansas Concealed Handgun Carry
License without being an Arkansas resident. Basically extends the Arkansas
residence exemption for active duty military members to the spouse of active
duty military.
EXPLANATION - The purpose of this rule is to clarify
what documentation must be provided to take advantage of this provision.
Rule 1.7
Exemptions - Military and spouse
Active Duty Member
(a) An active duty member of the United
States military is not required to be a resident of Arkansas to obtain an
Arkansas concealed handgun carry license if the active duty member is able to
document that at the time of their application that they are stationed in
Arkansas.
(b) The active duty
member must complete the classroom portion of the concealed handgun carry
training that relates to Arkansas laws and concealed handgun carry
rules.
(c) The active duty member
may substitute the letter from their commanding officer as outlined in Rule
13.2 and
13.3 for their live-fire
requirement or they may complete the entire concealed handgun carry training
course and complete live fire under the ASP registered CHCL
instructor.
(d) The active duty
member shall submit with their initial application and any renewal, a recent
passport style photograph in appropriate electronic format.
Spouse of Active Duty
Member
(e) Any spouse of active duty military
personnel, as recognized by the branch of the United States military in which
their spouse is a member, is not required to be a resident of Arkansas to
obtain an Arkansas concealed handgun carry license if the spouse of the active
duty member is able to document at the time of their application that their
spouse is on active duty stationed in Arkansas.
(f) Any spouse of active duty military
personnel must meet the same training requirements as a regular CHCL
applicant.
(g) Any spouse of active
duty military personnel shall submit with their initial application and any
renewal, a recent passport style photograph in appropriate electronic format.
PURPOSE - This revision is merely clean up from
changes that occurred during the promulgation process in 2008, which now cause
confusion and need to be deleted.
EXPLANATION - When the promulgation process was
begun in 2008 the release was necessary. Later it was determined that the
release was not necessary.
Rule 4.2
Application packet
and procedure
The applicant for a license to carry a concealed handgun shall
submit the following items as an application packet to the Department:
(a) A properly completed application form, as
described herein;
(b) A
nonrefundable license fee as prescribed by law;
(c) The applicable fee(s) for state and
national background checks, as prescribed by law;
(d) A full set of classifiable fingerprints
of the applicant;
(e) A properly
completed certification of training;
(f) A signed waiver authorizing the
Department access to any medical, criminal, military, or other records
concerning the applicant; and
PURPOSE - Implements the provisions of Act 1089 of
2013
EXPLANATION - The new Act requires Arkansas to
accept all other states' concealed carry licenses. Reciprocity is no longer
allowed under the law. These changes in the rules reflect the changes in the
law.
CHAPTER 12.
Honoring of other states' license to carry a concealed handgun
Rule 12.1 Effect
(a) Any person in possession of a valid
license to carry a concealed handgun issued by another state shall be entitled
to the privileges and subject to the restrictions prescribed by Arkansas
concealed handgun carry laws, federal laws, and these Rules in order to carry a
concealed handgun in the State of Arkansas.
(b) Any Arkansas licensee who is present in
another state has the responsibility to determine if the Arkansas Concealed
Handgun Carry License is honored in that state and any requirements that may be
imposed by that state.
Rule
12.2 Procedure for transfer of a license issued by another state
to Arkansas
(a) Any person who becomes a
resident of Arkansas and who has a valid license to carry a concealed handgun
issued by another state may apply to transfer his or her license to Arkansas by
submitting the following packet to the Department:
(1) A properly completed Department transfer
application form;
(2) The person's
current original out of state license (if the concealed handgun carry license
is contained on the driver's license of that state, then other suitable
documentation as outlined by the Department will be required);
(3) Two (2) properly completed, classifiable
and legible fingerprint cards;
(4)
A nonrefundable license fee as set by law; and
(5) Any fee charged by a state or federal
agency for a criminal history check.
(b) Any license is valid for a period of five
(5) years from the date of issuance and binds the holder to comply with all
Arkansas laws and Rules regarding the carrying of the concealed
handgun.
(c) The minimum Arkansas
residency requirement of ninety (90) days does not apply to applicants for a
transfer of a license to carry a concealed handgun from another
state.
