· gun laws · 10 min read
Arkansas Concealed Carry Firearm Laws
Arkansas: Gun Laws Summary
Arkansas is a shall-issue, permitless carry state with concealed weapons licenses being issued at the state level by the Department of Public Safety.
There is no license, background check or firearms registration required when buying a handgun from a private individual.
It is now clear that permitless open carry is legal without a license in Arkansas for any person who is at least 18 years old and who can legally possess a firearm. As of October 17, 2018, the Arkansas Appeals Court stated in case CR-18-353 Jamie Taff v. State of Arkansas, “Under the clear language of § 5-73-120(a), the possessor of a handgun must have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act.” Some areas are off-limits, including schools and bars.
Concealed carry is legal without a license for anyone that is over 18 who can legally possess a firearm and on a journey (outside of a person’s home or property). Concealed Handgun Carry Licenses (CHCL) are issued to residents at least 21 years of age or 18 years of age if a member of the U.S. Armed Forces or National Guard and require a firearms training course that has been state-approved. Arkansas offers two types of handgun carry licenses, the CHCL and an Enhanced concealed carry licenses (E-CHCL) which allows for carrying in some forbidden areas such as public colleges, most public buildings, non-secure locations in airports, churches and more. The E-CHCL requires approximately 8 hours of additional classroom and gun-range training. Although Arkansas doesn’t issue non-resident licenses, active-duty military and their spouses may apply for an Arkansas CHCL. In terms of reciprocity, since Arkansas has permitless carry, anyone who can legally possess a firearm may carry a concealed firearm on his or her person without a license or permit.
Use of Physical Force
A person is justified in using a degree of physical force that he or she reasonably believes to be necessary to defend him or herself or a third person from the use or imminent use of unlawful physical force.
Use of Deadly Physical Force in Defense of a Person
A person is justified in using deadly physical force if the person reasonably believes that the other person is:
- Committing or about to commit a felony involving physical force or violence;
- Using or about to use unlawful deadly physical force; or
- A pattern of domestic abuse.
A person is not required to retreat before using deadly physical force if the person:
- Is lawfully present at the location where deadly physical force is used;
- Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person;
- Is not the initial aggressor and has not provoked the person against whom the deadly physical force is used; and
- Is not engaged in criminal activity. [Ark. Code § 5-2-607]
Defense of Premises
A person in lawful possession or control of premises or a vehicle is justified in using non-deadly physical force when and to the extent that the person reasonably believes it is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.
A person may use deadly physical force if the person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser. [Ark. Code § 5-2-621]
Use of Physical Force in Defense of Property
A person is justified in using non-deadly physical force when and to the extent that the person reasonably believes it is necessary to prevent or terminate the commission or attempted commission of theft or criminal mischief or the subsequent flight from the commission or attempted commission of theft or criminal mischief. [Ark. Code § 5-2-606]
The Castle Doctrine in Arkansas indicates that the right of an individual to defend himself or herself and the life of a person or property in the individual’s home against harm, injury or loss by a person unlawfully entering or attempting to enter or intrude into the home is a fundamental right to be preserved and promoted as a public policy in the state. As of March 3, 2021 Arkansas has a “stand your ground” law, and there is no duty to retreat before force can be used for self-defense anywhere a person is lawfully allowed to be.
Arkansas: Gun Laws at a Glance
| Is it legal to own a taser or stun gun in Arkansas? | Yes. Stun guns and Tasers are legal to purchase and possess without a license. The minimum age to purchase is 19 years old.[source] |
| Is it legal to buy or use chemical spray/pepper spray in Arkansas? | Yes. It is legal to possess a small container of tear gas or pepper spray to be used for self-defense purposes only, but the capacity of the cartridge or container shall not exceed 150cc.[Ark. Code § 5-73-124] |
| If Arkansas requires a license to carry a concealed firearm, how are those licenses issued? | Shall issue.[Ark. Code § 5-7-111] |
| Does Arkansas allow permitless carry? | Yes, for any person who is at least 18 years old and who can legally possess a firearm provided there is no unlawful intent involved. |
| Is open carry permitted in Arkansas? | Yes, without a permit/license. Any person who is at least 18 years old and legally entitled to possess a firearm can open carry.[Ark. Code § 5-7-120(a)] |
| Can you concealed carry weapons other than handguns in Arkansas with a concealed carry license (or under permitless carry if applicable)? | No. |
| What is the minimum age in Arkansas to get a concealed carry license? | 21. |
| Does Arkansas have magazine capacity restrictions for handguns? | No. |
| Does Arkansas have ammunition restrictions? | No. |
Arkansas: Carry Locations
| Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Arkansas? | Yes. Only an individual with an Enhanced CHCL can carry in buildings that house state offices within state parks (carry is not allowed in buildings in National Parks). See the National Parks webpage for links to each Park in Arkansas. [Park Directive 3070] |
| Can you carry a concealed firearm in bars and restaurants that serve alcohol in Arkansas? | You can concealed carry in the restaurant area of an eatery that serves alcohol with a concealed carry license, unless posted. Concealed carry is not allowed in bars or the bar areas of restaurants. [Ark. Code § 5-73-306(12)] |
| Can you carry a concealed handgun in a vehicle in Arkansas? | Yes, when upon a journey (outside of a person’s home or property), with or without a license to carry a concealed handgun, except in prohibited places, and provided there is no unlawful intent to employ it as a weapon against a person. [Ark. Code § 5-73-120] |
| Does Arkansas have laws relating to storing firearms in private vehicles in an employee parking lot? | It is legal for license holders to store a handgun in a locked and unattended motor vehicle in a publicly owned and maintained parking lot. [Ark. Code § 5-7-122(a)(3)]Although there are specific exceptions, generally, a private employer cannot prohibit an employee who is a licensee from transporting or storing a legally owned handgun in the employee’s private motor vehicle in the private employer’s parking lot when the handgun is lawfully possessed and stored out of sight inside a locked private motor vehicle in the private employer’s parking lot. [Ark. Code § 11-5-117] |
| Can you carry a concealed firearm at roadside rest areas in Arkansas? | Yes. |
| Can you carry or possess a firearm on hotel property in Arkansas? | Arkansas statutes don’t specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information. |
Arkansas: Key State Laws
| Red Flag Law | Arkansas does not have a red flag law. |
| Definition of Brandishing | No definition of brandishing was found in Arkansas law. |
A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of public inconvenience, annoyance or alarm, he or she engages in fighting or in violent, threatening or tumultuous behavior. [Ark. Code. Ann § 5-71-207] | | Notification to Police Officer when Carrying Concealed | Yes for concealed carry permit holders. No for individuals carrying under permitless carry.
Concealed carry permit holders have a duty to inform a police officer that they are carrying a concealed firearm immediately upon demand in Arkansas. In addition, when an Arkansas CHCL holder that is in possession of a firearm is asked for identification by any law enforcement officer, the licensee must present his or her CHCL and must also notify the officer that he or she has a handgun in his or her possession. [Ark. Code § 5-73-315(b)(2)] [Admin. Rules Dept. of Ark. State Police Rule 3.2] | | Preemption Laws Related to Concealed Carry | Yes, the state has preemption over regulating firearms, except local municipalities may regulate the unsafe discharge of firearms. [Ark. Code § 14-16-504][Ark. Code Ann. §14-54-1411(b)(1)] | | Concealed Carry Licenses for Non-Residents | Yes, but only to members of the military stationed in Arkansas and their spouses. [Ark. Code § 5-7-309] | | Access to Concealed Carry Registry Information | No, however the information is available for law enforcement. | | Carrying a Concealed Firearm while Using Alcohol or Controlled Substances | Not addressed in state statutes.
As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences. | | Link Between Arkansas Driver’s License and Concealed Handgun Carry License | Yes. Your Arkansas driver’s license is linked to your Arkansas concealed handgun carry license. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry license holder if they run your driver’s license. | | Violation of “No Firearms” Signs | Yes. No license to carry a concealed handgun authorizes any person to carry a concealed handgun into any place that is posted, “carrying a handgun is prohibited.”
A written notice is not required for a private home and any licensee entering a private home must notify the occupant that the licensee is carrying a concealed handgun. [Ark. Code § 5-73-306(18)] |
Arkansas: Handgun Purchase and Possession
| Background Checks for Private Gun Sales | Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun. [source] |
| Arkansas Concealed Carry License and Background Checks | If you have a current Arkansas concealed carry license, you are exempt from needing a background check when purchasing a firearm. [source] |
| Waiting Period for Handgun Purchases | There is no waiting period after purchasing a handgun in Arkansas. [source] |
| Handgun Registration in Arkansas | Handguns do not need to be registered in Arkansas. [source] |
| Minimum Age to Possess and Transport a Handgun | The minimum age to possess and transport a handgun in Arkansas is 18 years old. A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian or other person responsible for general supervision of the minor’s welfare. [§ 5-73-109(a)] |
| Permitless Carry in Arkansas | Permitless carry is allowed in Arkansas for anyone legally entitled to carry a firearm. [source] |
| License Requirement for Handgun Purchases | A license is not required to purchase a handgun in Arkansas. [source] |