Arkansas Administrative Code
Agency 130 - Arkansas State Police
Rule 130.00.19-002 - Arkansas Concealed Handgun Carry License Rules
Universal Citation: AR Admin Rules 130.00.19-002
Current through Register Vol. 49, No. 9, September, 2024
TABLE OF CONTENTS
CHAPTER 4. Requirements for licensure
....
Rule 4.3
Application packet processing by the Division
........
CHAPTER 15. Firearms Safety Training Instructor Requirements
....
Rule 15.6
Notification of Division of arrest of a registrant
....
DIVISION OF ARKANSAS STATE POLICE ARKANSAS CONCEALED HANDGUN CARRY LICENSE RULES
CHAPTER 1. TITLE; AUTHORITY; SCOPE
Rule 1.2
Definitions
Definitions are adopted as follows:
....
(b)
"Administrator" - the designee of the Director of the Division of
Arkansas State Police;
(c)
"Applicant" - any person who has submitted an application to the
Division for a concealed handgun carry license and paid the statutory fees;
....
(i)
"Division" - the Division of Arkansas State Police;
(j)
"Director" - the Director of
the Division of Arkansas State Police;
(k) "Documentation" -
information that may be required to determine the applicant's eligibility.
"Documentation" includes written materials that are able to be independently
verified as true and correct by the Division. For example, the most reliable
"documentation" of a disposition from a court is a copy of the final
disposition certified by the court clerk or the keeper of the record.
Convictions that have been sealed or expunged may still disqualify an applicant
from receiving a concealed handgun carry license under certain circumstances.
....
Rule 1.6
Penalty for false
response or document
Submitting a false answer or false documentation with an application or in other communications with the Division shall subject the applicant to the following:
(a)
Criminal penalty - a person who knowingly submits a false answer to any
question on a concealed handgun carry license application, or knowingly submits
a false document when applying for a concealed handgun license, upon conviction
is guilty of a Class B misdemeanor; and/or
(b) Non-criminal penalty - a person who
knowingly submits a false answer to any question on a concealed handgun carry
license application, or knowingly submits a false document when applying for a
concealed handgun license, is precluded from receiving a license and is subject
to immediate revocation of his or her license if it has already been issued.
....
CHAPTER 2. Application
....
Rule 2.1
Application availability
Applicants may apply online or obtain application forms at the Division's website or a Firearms Safety Training Instructor registered with the Arkansas State Police. Submitting an application online enables the applicant to easily check the status of his or her application and may result in faster processing.
Rule 2.2
Proper Application Packet
(a) The documentation received from an
applicant shall be deemed proper and complete when it contains all the required
items under Arkansas law and these Rules.
(b) In addition to the fully completed
application form, the following is required:
(1) Non-refundable license fee;
(2) A properly completed, legible, signed
waiver authorizing the Division access to the applicant's records;
(3) At least one (1) full set of the
applicant's classifiable fingerprints;
(4) Proof of the applicant's timely,
successful completion of an approved firearm safety training program;
and
(5) Any other information the
Director may require from the applicant to determine the applicant's
qualifications to hold a license under the provisions of Arkansas laws, federal
laws, and these Rules.
Rule 2.3
Fees
Certain fees will be necessary for the proper processing of concealed handgun carry licensing paperwork. Those fees are set by Arkansas law or state and federal rules. An instruction sheet may be issued by the Division, which outlines proper application procedures and current fees.
....
CHAPTER 4. Requirements for licensure
Rule 4.0
License -Requirements
The Director of the Division shall issue a license to carry a concealed handgun if the applicant meets the eligibility criteria set forth in ACA § 5-73-308 and § 5-73-309.
....
Rule 4.2
Initial 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 Division:
(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; and
(f) A signed waiver authorizing the Division
access to any medical, criminal, military, or other records concerning the
applicant.
An applicant who fails to submit any of the required items listed herein will be notified of the missing items. He or she will then have thirty (30) days to submit the missing items or the application will be denied.
Rule 4.3
Application packet processing by the
Division
Upon receipt of the properly completed application packet as described herein, the Division shall:
(a) Forward the full set of classifiable
fingerprints of the applicant to the appropriate agencies for state and
national processing;
(b) Forward
notice of the person's application to the sheriff of the applicant's county of
residence, and, if applicable, to the police chief of the applicant's
municipality of residence, who may participate, at his or her discretion, in
the process by submitting a voluntary report to the Division containing any
information that he or she feels may be pertinent to the licensing of any
applicant. The reporting shall be made within thirty (30) days after the date
the notice was sent; and
(c) Notify
the applicant of any unresolved, potentially disqualifying factor discovered in
his or her criminal history. An applicant must provide the documentation or
other items necessary to resolve the potentially disqualifying factor within
sixty (60) days of the request by the Division or the application will be
denied.
Rule 4.4
Fingerprinting for initial application
(a) In the event a legible and classifiable
set of fingerprints, as determined by the Division or the Federal Bureau of
Investigation, cannot be obtained, the applicant shall be contacted and shall
be required to be fingerprinted again. This determination may be made prior to
the submission of a fingerprint card to the FBI or after one (1) rejection of
the fingerprint card.
(b) After two
(2) unsuccessful fingerprint card submissions (rejections) are completed, the
applicant may again pay the FBI fingerprint background check fee and submit two
(2) newly-completed fingerprint cards.
(c) The Director shall determine the
applicant's eligibility for licensing after successful completion of the FBI
fingerprint-based check.
(d)
Electronic capture of the fingerprints of the applicant on a device and in a
manner approved by the Director is allowed.
Rule 4.5
Unresolved
arrests
(a) If a check of
the applicant's criminal records uncovers any unresolved arrest(s) that could
lead to the disqualification of the applicant, the applicant shall obtain a
disposition of the open charge(s). A license will not be issued until the
Division receives the final disposition or other requested
information.
(b) If a check of the
applicant's criminal records uncovers an unresolved felony arrest over ten (10)
years old, then the applicant may obtain a letter of reference, from the county
sheriff, prosecuting attorney, or circuit judge of the county where the
applicant resides, which states that, to the best of his or her knowledge, the
applicant is of good character and free of any felony convictions.
....
CHAPTER 5. Renewal of license
Rule 5.0
Process for renewal of license
(a) The licensee may renew his or her license
no more than ninety (90) days prior to its expiration date by submitting the
following renewal packet to the Division:
(1)
A completed renewal form prescribed by the Division, including a verified
statement that the licensee remains qualified pursuant to the criteria
specified in ACA §
5-73-308(a) and
§
5-73-309;
(2) The applicable fee(s) for state and
national background checks, as prescribed by law;
(3) A non-refundable renewal fee in the
amount prescribed by law;
(4) A
certification of training form properly completed by the licensee's Firearms
Safety Training Instructor and reflecting that the licensee has successfully
completed the renewal Training Course including "live-fire" within the last six
(6) months as required by the Division; and
(5) A digital photograph of the licensee (if
the Arkansas driver's license photo is not available) within Division
standardized requirement or a release authorization to allow the Division to
obtain a qualifying digital photograph of the licensee from another
source.
(b) The license
shall be processed for renewal upon receipt of the items listed herein, subject
to a background investigation conducted pursuant to law that does not reveal
any disqualifying factor or offense or unresolved arrest which could disqualify
a licensee under state or federal law.
(c) The Division will notify the applicant of
any unresolved, potentially disqualifying factor discovered in his or her
criminal history. An applicant must provide the documentation or other items
necessary to resolve the potentially disqualifying factor within sixty (60)
days of request by the Division or the application will be denied.
Rule 5.1
Renewal application - late fee
(a) A licensee who fails to properly submit a
renewal application packet on or before its expiration date, but before six (6)
months after the license has expired, may renew his or her license by paying a
late fee as prescribed by law. Receipt of the renewal packet is determined by
the receipt date of the Division.
(b) Exemption from late fee -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 Arkansas may renew his or her license
within thirty (30) days after the person returns to Arkansas by submitting the
following properly -completed renewal packet to the Division:
(1) A completed renewal application form
prescribed by the Division;
(2) A
verified statement that the licensee remains qualified pursuant to the criteria
specified in ACA §
5-73-308(a) and
§
5-73-309;
(3) A non-refundable renewal fee as
prescribed by Arkansas law;
(4) The
applicable fee(s) for state and national background checks, as prescribed by
law;
(5) A certification or
training form properly completed by the licensee's Firearms Safety Training
Instructor or as allowed under ASP CHCL Rule 13.2, reflecting that the
licensee's training was properly and successfully conducted;
(6) If the licensee does not hold an Arkansas
driver's license, a digital photograph of the licensee; and
(7) Proof of active duty military assignment
outside Arkansas on the expiration date of the license.
Rule 5.2
License expired over six (6) months
(a) A license that has been expired six (6)
months or more shall be deemed "inactive". A licensee whose license has become
inactive may re-apply for licensure as an initial applicant. The fees and
requirements shall be the same as for an initial application.
(b) Exemption from inactive status -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 Arkansas may renew his or her license
within thirty (30) days after the person returns to Arkansas by submitting the
following renewal packet to the Division:
(1)
A completed renewal application form prescribed by the Division;
....
CHAPTER 6. Other changes to license
Rule
6.0
Replacement license
A licensee may obtain a replacement license upon submission of a properly completed replacement form and payment to the Division of a fee of:
(a) Fifteen dollars ($15.00) if
the licensee is 64 years of age or younger; or
(b) Seven dollars and fifty cents ($7.50) if
the licensee is 65 years of age or older.
Rule 6.1
Change of address
of the licensee
(a) Within
thirty (30) days after changing his or her mailing and/or permanent address, an
applicant for a license or a current licensee shall notify the Director in
writing of the change. Both the old and new address shall be furnished. A
Division form shall be provided for that purpose.
(b) If the licensee desires a new license
printed with the updated information, he or she may apply for a replacement
license under ASP CHCL Rule 6.0 and destroy the old license upon receipt of the
replacement license.
Rule
6.2
Change of name of the
licensee
(a) Within thirty
(30) days after changing his or her legal name, an applicant for a license or a
current licensee shall notify the Director in writing of the change and provide
documentation that officially created the change. A Division form shall be
provided for that purpose.
(b) If
the licensee desires a new license printed with the updated information, he or
she may apply for a replacement license under ASP CHCL Rule 6.0 and destroy the
old license upon receipt of the replacement license.
Rule 6.3
Death of
licensee
Upon death of a licensee, the license shall be cancelled from the date of death. Written notice of the death of a licensee should be provided to the Division as soon as possible after the death.
Rule 6.4
Voluntary
surrender of a license
If a licensee voluntarily surrenders his or her license to the Division in the absence of suspension or revocation proceedings, the Division will accept the license and cancel it.
Rule 6.5
Upgrade to
enhanced license
A licensee may upgrade his or her basic concealed handgun carry license to an enhanced license by completion of the training described in ASP CHCL Rule 13.3, submission of a properly completed enhanced training form, and payment of the replacement fees described in ASP CHCL Rule 6.0 to the Division. A Division form shall be provided for that purpose.
CHAPTER 7. License Restrictions
....
Rule
7.2
General Prohibited
Places
A licensee with a non-enhanced license is barred from carrying a concealed handgun in the following places:
....
(f) Any police
station, sheriff's station, or Division of Arkansas State Police station
[see ACA §
5-73-306(1)
];
...
(i) Any
part of a detention facility, prison, jail, or residential treatment facility
owned or operated by the Division of Youth Services of the Department of Human
Services, including without limitation a parking lot owned, maintained or
otherwise controlled by the Department of Correction, the Department of
Community Correction, or a residential treatment facility owned or operated by
the Division of Youth Services of the Department of Human Services [see
ACA §
5-73-306(4)
];
....
....
Rule 7.4
Enhanced
Prohibited Places
A licensee with an enhanced license remains subject to other criminal prohibitions and restrictions and is barred from carrying a concealed handgun in the following places: ..
(f) Any police station, sheriff's station, or
Division of Arkansas State Police station [see ACA §
5-73-306(1)
];
....
(i)
Any part of a detention facility, prison, jail, or residential treatment
facility owned or operated by the Division of Youth Services of the Department
of
Human Services, including without limitation a parking lot owned, maintained or otherwise controlled by the Department of Correction, the Department of
Community Correction, or a residential treatment facility owned or operated by the Division of Youth Services of the Department of Human Services [see ACA § 5-73-306(4) ];
....
Rule 7.5
Terms of Enhanced
License
(d) A licensee
must obtain an Arkansas concealed handgun carry license to receive an enhanced
license. The Division will not extend an enhanced certification to a weapons
permit issued by another state; nor will enhanced or advanced weapons permits
issued by other states entitle the holder to the benefits of the Arkansas
enhanced license.
....
CHAPTER 8. Suspension of License
Rule 8.0
License suspension
(a) If the licensee is arrested, issued a
citation, or formally charged with a crime that could disqualify the licensee
from having a license, the licensee shall immediately notify the Division to
the attention of the Concealed Handgun Carry Licensing Section.
(b) Any time the Division discovers that a
licensee has been arrested, issued a citation, or formally charged with a crime
that could disqualify the licensee from having a license, the Director may
suspend a license until final disposition of the case.
(c) Notice of license suspension shall be
sent to the licensee via certified mail, return receipt requested.
(d) The licensee shall be required to send
the license to the Division as soon as possible after the arrest, unless the
officer(s) confiscated the license at the time of arrest.
(e) The licensee shall be required to notify
the Division of final disposition of the charge(s) within ten (10) days of
same.
(f) If the charges are
dismissed or "nol prossed," or the licensee is found "not guilty," then the
license will be returned to the licensee, if it has not expired. If the license
has expired for a period of less than six (6) months, then the licensee may
apply for renewal of the license under these Rules.
(g) Suspension of a license is subject to the
Arkansas Administrative Procedure Act, ACA §§
25-15-201 et seq. The suspended
license holder, upon his or her timely request in writing, shall be afforded an
administrative hearing.
(h) The
Division is required by Arkansas law to suspend the license of any licensee if
so ordered by the Office of Child Support Enforcement (OCSE). The licensee will
be sent notice of the suspension. The license may be reinstated (if it is still
within its valid issuance period) upon full payment of the amount due to OCSE
and once the Division receives official notice from OCSE to release the
suspension.
(i) A licensee may
apply for renewal of his or her license during a period of suspension to
prevent the license from expiring or becoming inactive, however, the suspension
will remain in effect until the outstanding matter is otherwise
resolved.
Rule 8.1
Arrest of licensee
(a) A law enforcement officer making an
arrest of a licensee for a violation of Arkansas law and/or these Rules, or any
other statutory violation which could lead to revocation of a license to carry
a concealed handgun, shall confiscate the license and forward it immediately to
the Director.
(b) The license shall
be held by the Division until a determination of the charge or violation is
finalized, with the appropriate disposition of the license after the
determination.
(c) If the licensee
is not in possession of his or her concealed handgun carry license at the time
of the arrest, the officer is not required to take possession of the license,
but must forward the supporting paperwork to the Arkansas State Police,
Concealed Handgun Carry Licensing Section, for further Division action on the
license and retention in Division records.
(d) Any non-Arkansas concealed handgun carry
license may be confiscated in a similar manner and be immediately forwarded to
the Arkansas State Police, Concealed Handgun Carry Licensing Section, along
with any supporting paperwork, for proper action and disposition by Division
personnel.
....
CHAPTER 9. Revocation of License
Rule 9.0
Revocation
(a) The Director shall revoke a concealed
handgun carry license if:
(1) The licensee,
at any time during the license period, becomes ineligible under the criteria
set forth in state or federal law or these Rules;
(2) The Division receives notification from
any law enforcement agency, court, or the licensee that a licensee has been
found guilty or has pled guilty or "nolo contendere" to any
crime involving the use of a weapon; or
(3) The Division receives notification from
any law enforcement agency, court, or the licensee that a licensee has been
found guilty or has pled guilty or "nolo contendere" to an
alcohol-related offense committed while carrying a handgun.
(b) The Director may revoke a
concealed handgun carry license if he or she, the Director's designee, or the
county sheriff or chief of police of the applicant's place of residence
executes an affidavit that the applicant has been, or is reasonably likely to
be, a danger to himself or herself or others or to the community at large, as
demonstrated by past patterns of behavior, participation in an incident
involving unlawful violence or threats of unlawful violence, or if the
applicant is under a criminal investigation.
Rule 9.1
Notice
(a) Notice of the
revocation of a concealed handgun carry license shall be sent to the licensee
via certified mail, return receipt requested, to the last address provided by
the licensee in the Division records.
(b) An appeal from the decision to revoke a
concealed handgun carry license shall be made in accordance with the appeal
procedure established by the Division and the Arkansas Administrative Procedure
Act, ACA §§
25-15-201 et
seq.
CHAPTER 10. Administrative Hearings
Rule 10.0
Appeal hearings
(a) In any hearing held for the purpose of
affording a person the opportunity to demonstrate his or her qualifications
after the denial of a license, the burden of proof shall be on the
applicant.
(b) In any hearing held
for the purpose of affording a person the opportunity to demonstrate his or her
qualifications after a suspension or revocation of a license, the burden of
proof shall be on the Division.
(c)
The hearing shall be conducted in accordance with the Arkansas Administrative
Procedure Act, ACA §§
25-15-201 et seq.
....
CHAPTER 11. Re-application after License Revocation
Rule
11.0
Re-application
procedures
(a) Once a
concealed handgun carry license is revoked by the Director, the former licensee
shall not be eligible to apply for a concealed handgun carry license for a
period of at least twenty-four (24) months from the date of revocation or other
exclusion period stated in the law. After that time period expires, the
applicant may reapply as a new applicant.
(b) The re-application shall be treated as an
initial application by the Division.
CHAPTER 12. Honoring other states' license to carry a concealed handgun
....
Rule 12.1
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 Division:
(1) A properly completed Division 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 Division will be required);
(3) Two (2) properly completed, classifiable
and legible fingerprint cards;
(4)
A nonrefundable license transfer fee as set by law; and
(5) Any fee charged by a state or federal
agency for a criminal history check.
....
CHAPTER 13. Training Requirement for Concealed Handgun Carry License
Rule 13.0
Training
requirements upon initial application
(a) A person shall, prior to submitting an
initial application for a concealed handgun carry license, successfully
complete a Division approved firearm safety training program. The training must
be conducted and attested to by a registered Firearms Safety Training
Instructor as defined in these Rules. The program shall consist of a minimum of
five (5) hours of instruction on the following topics:
...
(b)The
required training for an initial license may be completed at any time within
six (6) months prior to the Division's receipt of a properly completed
application packet.
(c) The
applicant must successfully demonstrate proficiency with the use of a handgun
on the firing range by "live-fire."
(d) An instructor may not provide his or her
own training certification for his or her own Arkansas concealed handgun carry
license initial application.
(e) A
valid, current firearm safety training instructor registration issued by the
Division may be substituted as the training requirement for an initial
concealed handgun carry license.
Rule
13.1
Training requirements upon renewal of
license
(a) The required
training as established by the Division for renewal shall be completed at any
time within six (6) months prior to the expiration of the license until six (6)
months after expiration. Timely renewal is determined by the Division's receipt
date of the completed renewal application packet.
(b) The applicant must successfully
demonstrate proficiency with the use of a handgun on the firing range by
"live-fire." Renewal training may also address updates and changes in the
concealed handgun carry licensing laws and Rules.
(c) An applicant who desires to obtain an
enhanced license upon renewal may substitute an enhanced training certificate
for the renewal training requirement.
(d) An instructor may not provide his or her
own training certification for his or her own Arkansas concealed handgun carry
license renewal application; however, the instructor may substitute his or her
valid, current firearms safety training instruction registration issued by the
Division for the renewal training requirement.
Rule 13.2
Substitution of
"live-fire" training
An active duty member of, or person who has recently been honorably discharged from, the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces may substitute the following documentation, in a properly completed application packet, in place of the "live-fire" training requirement:
(a) A letter dated and personally signed by a
commanding officer or his or her designee stating that the applicant is of good
character and sound judgment;
(b) A
form, as designated by the Division, showing that the applicant has met the
military qualification requirements for issuance and operation of a handgun
within one (1) year of the application date.
(c) A copy of the face or photograph side of
a current United States Uniformed Services military identification card, if the
applicant is a member of the United States Armed Forces; and
(d) A copy of the active duty orders, if the
applicant is on active duty.
Rule
13.3
Training Requirements for Enhanced
License
(a) The program
shall consist of approximately eight (8) hours instruction -five to six (5-6)
hours in-class and a maximum two (2) hours of range qualification. The Division
may provide instructors with an example Syllabus for Enhanced Training to be
used as a guide for its instruction. The following topics must be covered in
detail as part of the in-class instruction for enhanced training:
...
The Division may provide instructors with an example Syllabus for Enhanced Training to be used as a guide for its instruction.
(b) A new applicant for a concealed handgun
carry license or a current licensee may apply to the Division to receive an
Enhanced License. The enhanced training must be conducted and attested to by a
registered Firearms Safety Training Instructor as defined in these Rules. To
qualify for the Enhanced License:
(1) A new
applicant must successfully complete the Division approved initial training
requirements for licensure in ASP CHCL Rule 13.0 and the Division approved
enhanced firearm safety training program.
(2) A current licensee must successfully
complete the Division approved enhanced firearm safety training
program.
(c) The
required training for an Enhanced License may be completed at any time within
six (6) months prior to the Division's receipt of an application for an
Enhanced License, but such enhanced training is not required to be renewed.
...
(e) An instructor may not provide his or her
own training certification for his or her own Enhanced License; however, the
instructor may substitute his or her valid, current enhanced training
registration issued by the Division for the enhanced training
requirement.
Rule 13.4
Waiver
A current licensee or new applicant may qualify for a waiver of a portion of the approximately eight (8) hour enhanced training course based on completion of the Arkansas basic concealed handgun carry training within the ten (10) years prior to application for an enhanced license. Documentation demonstrating the completion of the prior training must be submitted to the Division. The waiver may be applied in one of the following ways:
....
CHAPTER 14. Firearms Safety Training Instructor
....
Rule
14.1
Maintenance of Records
(a) Instructors shall maintain all training
records of every person they have instructed for the purpose of obtaining an
Arkansas concealed handgun carry license for a period of not less than five (5)
years from the date of training.
(b) The Division shall have audit privileges
of the training records of all Firearms Safety Training Instructors.
(c) A registered Firearm Safety Training
Instructor shall be present in the instruction area during any guest
instructor's period to verify that the subject matter was properly
covered.
Rule 14.2
Application for approval of registration
(a) The burden shall be on the Firearms
Safety Training Instructor applicant for registration to bring himself or
herself within the Division requirements as set out below. The applicant for
registration is required to:
(1) Continuously
meet the qualification requirements set forth in Arkansas law for a person to
be licensed to carry a concealed handgun;
(2) Within six (6) months of application,
successfully complete the examination administered by the Division. The
examination shall consist of the provisions of ACA §§
5-73-101 et seq., federal firearms
laws, enhanced training topics, and these Rules;
(3) Hold a firearms instructor training
certificate from a Division recognized instruction course;
(4) Offer enhanced training; and
(5) Submit:
(A) A properly completed registration
application;
(B) The background
check fees required for state and national background checks; and
(C) One (1) set of legible, classifiable
fingerprints, however the requirement for fingerprints is waived if the
applicant holds a current and valid Arkansas Concealed Handgun Carry
License.
(b)
Division recognized firearms instructor training certificates include:
(1) Firearm instructor's certificate issued
by the Arkansas Law Enforcement Standards and Training Commission;
(2) Completion of a Certified Pistol
Instructor Course that is recognized by the Division and completion of a Range
Officer Safety Course that is recognized by the Division; or
(3) Firearm instructor's certification issued
by a federal law enforcement or military agency.
(c) The Director shall require applicants for
registration as instructors to demonstrate their qualifications by examination.
The examinations are given in Little Rock at the Arkansas State Police
Headquarters and only with prior approval.
(d) The Director may, at his or her
discretion, approve an application for registration for a person who fails to
meet the qualifications as outlined in this Rule, if it is determined that the
applicant is qualified by experience, education, etc. The registration
applicant will still be required to successfully complete the examination
administered by the Division.
(e)
Instructors are not required to obtain an Arkansas concealed handgun carry
license, although it is recommended.
(f) In the event the applicant is denied, the
Director shall promptly notify the applicant of his or her decision in writing,
via certified mail, return receipt requested, stating the reason for the
denial.
Rule 14.3
Approval to teach Enhanced Training
(a) ACA §
5-73-322(g)(2)(A)(iii)
requires that enhanced training be offered by all training instructors and at
all concealed carry training courses. Enhanced training is a separate class
from the class required to obtain an initial, non-enhanced concealed handgun
carry license. Instructors are only required to teach enhanced training to
students who desire an enhanced license. However, all instructors and entities
that offer concealed carry training classes must also offer enhanced training
classes.
(b) All instructors who
have a current registration as of January 1, 2018 must successfully complete an
exam administered by the Division covering the updated provisions of ACA
§§
5-73-101 et seq., federal firearms
laws, the enhanced training topics, and these Rules to be approved to offer
enhanced training. If an instructor fails to successfully complete the exam by
January 1, 2020, his or her registration will be revoked.
CHAPTER 15. Firearms Safety Training Instructor Requirements
Rule 15.0
Training of Applicants .
(c) The Director shall not accept the
training certificate of an applicant if the instructor did not hold a valid
instructor registration with the Division at the time the training took
place.
Rule 15.1
Administration of firearms safety training instruction
..
(c) An instructor,
authorized to conduct a training course required by these Rules, shall check
the application of a student for completeness, accuracy, and legibility. This
requirement does not apply if the student has submitted or will submit an
electronic application to the Division.
Rule 15.2
Instructor Change
of Address
An instructor or applicant for instructor registration shall notify the Division in writing within thirty (30) calendar days of any change in his or her name, address, electronic mail address (if any), or telephone number.
Rule 15.3
Instructor -Other requirements
(a) An instructor must include the
registration number assigned to him or her by the Director on all matters of
advertising for teaching Arkansas Concealed Handgun Carry License classes or
offering services as a Firearms Safety Training Instructor registered with the
Division. Advertising includes print, electronic or social media, such as
Facebook, twitter, linkedin, etc. The instructor is not required to include the
registration number on each posting from a social media account, so long as the
posting is linked to account of the instructor with the registration number.
....
(c) An
instructor may not conduct any business as a registered Arkansas Concealed
Handgun Carry License Firearms Safety Training Instructor under a name other
than what is shown on his or her current registration on file with the
Division.
Rule 15.4
Death of a registered instructor
Upon the death of a registered instructor, the registration shall be cancelled from the date of death. Written notice of the death of a registered instructor should be provided to the Division as soon as possible.
Rule 15.5
Voluntary surrender of a registration
If a registrant voluntarily surrenders his or her registration in writing to the Division in the absence of suspension or revocation proceedings, the Division will accept the registration and cancel it.
Rule 15.6
Notification of
Division of arrest of a registrant
If a registrant is arrested, issued a citation, or formally charged with a crime or violation of Arkansas law and/or these Rules which could lead to revocation of a license to carry a concealed handgun, the registrant shall promptly notify the Division in writing.
CHAPTER 16. Denial, suspension, or revocation of a Firearms Safety Training Instructor registration
Rule 16.0
Grounds for denial, suspension, or revocation of a Firearms
Safety Training Instructor registration
The Director has the authority to:.
(b) Suspend or revoke the firearms safety
training instructor registration of any instructor who has qualified under the
provisions of Arkansas law and these Rules, if it is determined that the
applicant or instructor has:
....
(8)
Not at all times maintained a current and valid Firearms Safety Training
Instructor registration on file with the Division as required in these
Rules;
(9) Been the subject of a
request on file with the Division from the Office of Child Support Enforcement
to suspend the registration; or
(10) Otherwise becomes ineligible to hold a
concealed handgun carry license.
Rule 16.1
Appeal of the
denial, suspension, or revocation of a Firearms Safety Training Instructor
registration
....
(c)
For suspension or revocation of an existing Firearms Safety Training Instructor
registration, the burden of proof in administrative proceedings shall be on the
Division.
CHAPTER 17. Firearm-Sensitive Areas
Rule 17.0
Posted
firearm-sensitive areas - Restriction
All concealed handgun carry licensees, including those with an Enhanced License, are barred from carrying a concealed handgun into Division approved, posted firearm-sensitive areas located at the Arkansas State Hospital, the University of Arkansas for Medical Sciences, or a collegiate athletic event.
Rule 17.1
Establishment of a firearm-sensitive area -Security
Plan
The Arkansas State Hospital, the University of Arkansas for Medical Sciences, or any institution of higher education that hosts or sponsors a collegiate athletic event may designate certain areas "firearm-sensitive," where possession of a concealed handgun by a licensee is prohibited. To obtain approval for the designation of a "firearm-sensitive area" the entity must:
(a) Submit a security plan to
the Regulatory Division of the Division, including the following information:
....
(f) If
the security plan is submitted for a scheduled collegiate athletic event, the
Division will approve or disapprove the plan within seventy-two (72) hours of
receipt of the security plan.
(g)
If the security plan is submitted annually, the Division will approve or
disapprove the plan within ten (10) business days.
(h) Once the security plan has been approved,
the entity shall post a notification at all firearm-sensitive areas that
possession of a concealed handgun is prohibited.
CHAPTER 18. Effective Date of these Rules
Rule 18.0
Effective
date
These Rules shall be effective on and after Thursday, January 1, 2009. (Certain revisions were effective January 27, 2020.)
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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