Art VII - Ratification, Arkansas Code 5-74-107 - Unlawful Discharge of a Firearm From a Vehicle. 134, 1; 2007, No. 16 0 obj Upon the written request of a property owners' association which has a population at least equal to that prescribed for cities of the first class and which is located outside the boundaries of a municipality, a county may by ordinance regulate the discharge of firearms and the shooting of archery equipment within all or any part of the area included in the property owners' association. If you're convicted of a felony criminal discharge crime, you will be required to get rid of any guns you already own, and you won't be allowed to buy new ones legally. However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is: An explosive or incendiary device, as defined in 5-71-301; A defaced firearm, as described in 5-73-107; or. In some states, the information on this website may be considered a lawyer referral service. 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. A person who violates subdivision (b)(2) of this section is deemed guilty of a Class B felony. << "Pregnant" means the female reproductive condition of having an unborn child in the female's body; and. /Encoding /WinAnsiEncoding Solely for purposes of this subchapter, an auxiliary law enforcement officer certified by the Arkansas Commission on Law Enforcement Standards and Training and approved by the county sheriff of the county where he or she is acting as an auxiliary law enforcement officer is deemed to be a certified law enforcement officer. E0A$|ZMj8Zpx}=(*{~OjM. When a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the person is reckless or negligent either in forming that belief or in employing an excessive degree of physical force, the justification afforded by this subchapter is unavailable in a prosecution for an offense for which recklessness or negligence suffices to establish a culpable mental state. It is a defense to prosecution under this section that: The defendant was a law enforcement officer, prosecuting attorney, deputy prosecuting attorney, prison guard, or member of the United States Armed Forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or. Any law enforcement officer making an arrest of a licensee for a violation of this subchapter or any other statutory violation that requires revocation of a license to carry a concealed handgun shall confiscate the license and forward it to the Director of the Department of Arkansas State Police. Unlawful discharge laws prohibit firing any weapon in certain areas or under specific circumstances, such as firing at or from a moving vehicle, firing across a public roadway or state highway, or firing into or at an occupied building. Section 2923.162. 631, 2; 2009, No. [500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 355 500 556 500 500 500 333 333 500 500 278 333 278 278 556 556 500 556 500 556 500 500 500 500 278 278 500 500 500 500 500 667 667 722 722 667 611 778 722 278 500 667 556 833 722 778 667 500 722 667 611 722 667 944 667 667 500 500 500 500 500 500 500 556 556 500 556 556 278 556 556 222 222 500 222 833 556 556 556 556 333 500 278 556 500 722 500 500 500 500 500 334 584 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 333 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500] 1336, 1; 2001, No. A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. The circuit court shall review the denial de novo. Furnishing a notarized statement to the department that the license to carry a concealed handgun has been lost or destroyed or that a duplicate is requested. /Filter /FlateDecode 161, 1; 2013, No. 385, 1; 1991, No. /Type /Font The name, address, place and date of birth, race, and sex of the applicant; The driver's license number or social security number of the applicant; Any previous address of the applicant for the two (2) years preceding the date of the application; A statement that the applicant is in compliance with criteria contained within 5-73-308(a) and 5-73-309; A statement that the applicant has been furnished a copy of this subchapter and is acquainted with the truth and understanding of this subchapter; A conspicuous warning that the application is executed under oath, and that a knowingly false answer to any question or the knowing submission of any false document by the applicant subjects the applicant to: Criminal prosecution and precludes any future license's being issued to the applicant; and. Do Not Sell or Share My Personal Information. HISTORY: Acts 2009, No. /CapHeight 0 Criminal use of prohibited weapons is a Class A misdemeanor if the offense is possession of metal knuckles. HISTORY: Acts 1995, No. Art. The citizens of this State shall have the right to keep and bear arms for their common defense. 302, 1; 2001, No. The fee described in subdivision (b)(1) of this section shall be reduced by fifty percent (50%) if a person sixty-five (65) years of age or older is requesting a replacement or duplicate license under this section. 595, 1; 1995, No. 315, 968. HISTORY: Acts 1975, No. If a license to carry a concealed handgun is lost or destroyed, or a duplicate is requested, the person to whom the license to carry a concealed handgun was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or replacement license upon: Paying the Department of Arkansas State Police of a fee established by the director under the Arkansas Administrative Procedure Act, 25-15-201 et seq. 8, 1; 1993, No. A person commits the offense of furnishing a handgun to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes a handgun to a person who he or she knows has been found guilty of or pleaded guilty or nolo contendere to a felony. County Road 150 from its intersection with County Road 93 south and Lake Norfork to the south and east but not east of County Road 93; That part of the Hobbs Estate north of State Highway 12, west of Rambo Road, and south and east of Van Hollow Creek and the Van Hollow Creek arm of Beaver Lake; That part bounded on the north by Beaver Lake, on the east by Beaver Lake, on the south by the Hobbs State Management Area boundary from the intersection of State Highway 12 eastward along the boundary to its intersection with the Van Hollow Creek arm of Beaver Lake; Benton and Carroll Counties: That part bounded on the north by Highway 62, on the east by Highway 187 and Henry Hollow Creek, and the south and west by Beaver Lake and the road from Beaver Dam north to Highway 62; Conway County: That part lying above the rimrock of Petit Jean Mountain; Garland County: All of Hot Springs Village and Diamondhead; That part known as Bull Shoals Peninsula, bounded on the east and north by White River and Lake Bull Shoals, on the west by the Jimmie Creek arm of Lake Bull Shoals, and on the south by the municipal boundaries of the City of Bull Shoals; That part of Marion County bounded on the north, west, and south by Bull Shoals Lake and on the east by County Roads 355 and 322 from their intersections with State Highway 202 to the points where they respectively dead-end at arms of Bull Shoals Lake; The Yocum Bend Peninsula of Bull Shoals Lake bounded on the north and east by Bull Shoals Lake, on the west by Pine Mountain and Bull Shoals Lake, and on the south by County Road 30; and. For a misdemeanor or a felony conviction, your state might impose additional restrictions or sanctions. 786, 1. Warrant to search any house or place and seize any machine gun adapted to use pistol cartridges of 30 (.30 in. Even a small donation helps us keep this running. Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of physical force while effecting or attempting to effect an arrest or while preventing or attempting to prevent an escape. 52-571g. The proceeds of any sale and any moneys forfeited shall be applied to the payment of: The balance due on any lien preserved by the circuit court in the forfeiture proceedings; The cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property; The costs incurred by the prosecuting attorney or attorney for the law enforcement agency, approved by the prosecuting attorney, to which the property is forfeited; and. Except as provided in subdivisions (b)(2) and (3) of this section, a determination by a jury or a court that a person committed a felony constitutes a conviction for purposes of subsection (a) of this section even though the court suspended imposition of sentence or placed the defendant on probation. WebDefacing a firearm. Detectives from the Metropolitan Police Department's Third District seek the publics assistance in identifying and locating a vehicle in reference to an Unlawful Criminal possession of explosive material or a destructive device is a Class B felony. Whether or not the. An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun. 419, 1; 2015, No. The Governor may restore without granting a pardon the right of a convicted felon or an adjudicated delinquent to own and possess a firearm upon the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides, so long as the underlying felony or delinquency adjudication: A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she knowingly uses, possesses, makes, repairs, sells, or otherwise deals in any: Other implement for the infliction of serious physical injury or death that serves no lawful purpose. 2019, No. Contact us. HISTORY: Acts 1935, No. Prohibit a person who is not an employee from storing a handgun in the employee's motor vehicle in the private employer's parking lot; and. A. 1947, 41-3166. 1390, 1; 2015, No. If the circuit court finds that the applicant is notprohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the circuit court shall order the chief law enforcement officer to issue the certification to the applicant. 1947, 41-513; Acts 1997, No. Art. Expenditures from the individual assistance and public assistance funds may only be made in the event of a disaster as defined in 12-75-103 and only upon proclamation by the Governor. /StemV 0 Sess. Section 5-144. ), No. 1017, 1. 474, 2; A.S.A. Sess. The presentment of proof of a license to carry a concealed handgun in electronic form does not: Authorize a search of any other content of an electronic device without a search warrant or probable cause; or. 1084, 1; Act. Additional details of Arkansas's gun control laws are listed below. If you have been arrested for unlawful discharge of a firearm in violation of C.G.S. West Virginia A public university, public college, or community college is immune from a claim for monetary damages arising from or related to a licensees use of, or failure to use, a concealed handgun if the licensee elects to possess a concealed handgun under this section. 859, 4, 5, 6, No. MPD seeks a vehicle in reference to an Unlawful Discharge of a Firearm offense that occurred on Thursday, April 27, 2023, in the 2000 block of 14th Street, Indiana Do I Need a Lawyer for an Accidental Discharge of a Firearm Charge? WebArkansas Code 5-73-101. A custodian is not required to compile information or create a record in response to a request made under this section. /Widths 11 0 R A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian's existing software. 958, 1; 2017, No. Puerto Rico In Virginia, it is illegal to handle recklessly any firearm in such a way that endangers the life, limb, or property of another person. 14, 1; 2009, No. As used in subdivision (15)(A) of this section, "disorderly conduct" includes without limitation a fight, brawl, or disturbance that results in bodily injury to a person on the permitted premises; Unauthorized manufacturing, selling, offering, dispensing, or giving away of controlled beverages; Conducting or permitting gambling on premises. /BaseFont /Arial-ItalicMT Disclaimer: These codes may not be the most recent version. Possession or use of weapons by incarcerated persons is a Class D felony. Criminal distribution of explosive material is a Class C felony. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Punishment for a felony accidental discharge conviction may include: There are life-long consequences that may occur after a felony conviction, including: Yes, laws regarding accidental discharge of a firearm vary by state. 36. ); Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz. It is unlawful to discharge a firearm from or across any sidewalk, highway or on public land. The use upon another person of physical force that would otherwise constitute an offense is justifiable under any of the following circumstances: HISTORY: Acts 1975, No. endobj 664, 4; 2009, No. Sec. 1947, 41-512. The person has a license to carry a concealed handgun under 5-73-301 et seq. HISTORY: Acts 1975, No. /BaseFont /ArialMT 419, 8, Acts 2019, No. 419, 2; 1997, No. Possession of stolen explosive material is a Class C felony. A person who commits theft of any explosive material with the purpose to cause harm to a person or property is guilty of a Class B felony. It is a Class A misdemeanor for any person to store any explosive material in a manner not in conformity with the Arkansas Fire Prevention Code. 280, 506; A.S.A. endstream endobj 11 0 obj <> endobj 12 0 obj <>>>/Rotate 0/Type/Page>> endobj 13 0 obj <>stream (2) Any person who is guilty of unlawfully discharging a firearm from a vehicle in the second degree commits a Class B felony. /MediaBox [0 0 627 804] However, subdivisions (b)(1)(A) and (B) of this section do not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government. 7 0 obj The possession of a machine gun other than one adapted to use pistol cartridges of 30 (.30 in. Upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. 411, 2; 1995, No. Washington /Descent 212 280, 3109; A.S.A., 1947, 41-3109; Acts 1994 (2nd Ex. Please verify the Any police station, sheriff's station, or Department of Arkansas State Police station; Any Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department facility; Any building of the Arkansas State Highway and Transportation Department or onto grounds adjacent to any building of the Arkansas State Highway and Transportation Department. A court shall award reasonable attorney's fees, costs, and trial-related expenses to a person in defense of a civil action brought by another person if the court finds that the person is immune from civil action as provided in this section. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation. Was not subject to a pending disciplinary action or criminal investigation at the time of his or her retirement or resignation from the public law enforcement department, office, or agency; "Local detention facility" means a jail or other facility that is operated by a municipal police force or a county sheriff for the purpose of housing persons charged with or convicted of a criminal offense; and. /Subtype /TrueType Upon notification by any law enforcement agency or a court and subsequent written verification, the director shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the licensee or applicant from having a license under this subchapter until final disposition of the case. /ItalicAngle -120 Misdemeanor offenses are less serious than felony offenses, though both can result in significant criminal penalties. A person commits the offense of possessing an instrument of crime if he or she possesses any instrument of crime with a purpose to employ it criminally. Furnishing a handgun or a prohibited weapon to a felon is a Class B felony. Submit your case to start resolving your legal issue. Conduct that would otherwise constitute an offense is justifiable when it is: Required or authorized by law or by a judicial decree; or. The sale of shotguns and rifles and ammunition in this state to residents of other states is authorized under regulations issued by the Attorney General of the United States under the Gun Control Act of 1968, 18 U.S.C. Law, Immigration As a member of a reserve component of the United States Armed Forces under an order to active duty, not to include training, was discharged or released from duty with other than a dishonorable discharge. Any person who becomes a resident of Arkansas who has a valid license to carry a concealed handgun issued by a reciprocal state may apply to transfer his or her license to Arkansas by submitting the following to the Department of Arkansas State Police: The person's current reciprocal state license; Two (2) properly completed fingerprint cards; A nonrefundable license fee of thirty-five dollars ($35.00); Any fee charged by a state or federal agency for a criminal history check; and. Carry the license, or an electronic copy of the license in an acceptable electronic format,together with valid identification, at any time when the licensee is carrying a concealed handgun; and. HISTORY: Acts 1975, No. HISTORY: Acts 1975, No. 419, 2; 1997, No. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. may also be considered reckless, although less severe than a firearm. Arkansas HISTORY: Acts 1993, No. This section does not authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition. (a)(1)A person commits unlawful discharge of a firearm from a vehicle in the first The Director of the Department of Arkansas State Police shall keep a record of all retired department officers authorized to carry a concealed handgun in the state and shall revoke any authorization for good cause shown. Law, Insurance Sess. 80, 9; Pope's Dig., 3522; A.S.A. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 652, 2; A.S.A. In addition to any other powers conferred upon the Governor by law, the Governor may: Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency; Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency; Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management; Subject to any applicable requirements for compensation under 12-75-124, commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency; Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the Governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; Prescribe routes, modes of transportation, and destinations in connection with evacuation; Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and. Should the Governor proclaim a state of insurrection or emergency hereunder and in the event the local courts or law enforcement officers are incapable of functioning, such legal functions in furtherance of the enforcement of the civil laws of the state shall be performed by the militia. The Governor's disaster fund may be increased from time to time at the discretion of the Governor. In most cases, negligent accidental discharge offenses carry lighter penalties than reckless discharge offenses. We've helped more than 6 million clients find the right lawyer for free. /XObject << 1947, 41-502. Is found by a juvenile division of circuit court to have committed an offense described in subdivision (a)(1)(A) of this section. L. No. Code Ann. HISTORY: Acts 1975, No. A person with a concealed carry endorsement under 5-73-322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; Any place where the carrying of a firearm is prohibited by federal law; Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration; Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10') that "carrying a handgun is prohibited". These laws are very common in densely populated areas. 58, 1; 1999, No. The following acts on the part of any permittee are Class A permit violations: HISTORY: Acts 1981, No. Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18) years of age. Any computer hardware or software acquired by an entity subject to 25-19-103(5)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form. As used in this section, public university, public college, or community college" means an institution that: Regularly receives budgetary support from the state government; Is part of the University of Arkansas or Arkansas State University systems; or. /FontBBox [-568 -307 2046 1040] your case, Texas Unlawful Carrying Weapons Attorneys, Unlawful Possession of Firearm in Washington State, Washington State Dangerous Weapons Lawyers, Understanding Negligent Discharge Of a Firearm Laws in California, Ultimate Guide to Gun Laws at Federal and State Levels, Weapons Charges - Criminal Defense Lawyer, California Gun Laws for Registering a Gifted Gun and Moving to California with Guns. ); Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (3)(A) of this section and from which a destructive device may be readily assembled for use as a weapon; "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. Stay up-to-date with how the law affects your life. 1325, 1; 2001, No. In most cases, the greater the degree of carelessness and the larger the number of individuals present, the more reckless the discharge is considered.
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