This may include pointing a weapon the individual knows is loaded at individuals or property. A person shall not sell, rent, or transfer a firearm to any person who he or she knows is prohibited by state or federal law from possessing the firearm. An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise. "Crime of violence" means any of the following crimes or an attempt to commit any of them: "Machine gun" means a weapon of any description by whatever name known, loaded or unloaded, from which more than five (5) shots or bullets may be rapidly, or automatically, or semi-automatically, discharged from a magazine, by a single function of the firing device; and. 53-61 Assault in the third degree: Upon receipt of an order of denial of driving privileges under this section, the department shall suspend the motor vehicle operator's license of the person for not less than twelve (12) months nor more than thirty-six (36) months. /StemV 0 endobj The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses. If you've been charged with the unlawful discharge of a weapon, you face significant penalties that can negatively impact your life, your family, and your job. (a) (1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical injury to another person. Delivered to the custody of a court having jurisdiction to try criminal offenses, in which case the court shall: Treat the property as contraband under 5-5-101 and 5-5-102; or. endobj HISTORY: Acts 1989, No. 294, 4; 2009, No. Otherwise the department shall approve or disapprove a security plan within ten (10) business days. Upon demand every manufacturer shall permit any marshal, sheriff, or police officer to inspect the manufacturer's entire stock of machine guns, parts, and supplies therefor, and shall produce the register, required by this section, for inspection. "Collegiate athletic event" means a sporting or athletic contest, event, or practice of an individual or team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, or community college competes against themselves or another individual or team of individuals. Property Law, Personal Injury HISTORY: Acts 1975, No. Weblimited to ahandgun, pistol, air gun, revolver, rifle, or shotgun. endstream endobj 14 0 obj <>stream The accidental discharge of a firearm, in some cases, may be a criminal offense. If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Justification under this section shall not rest upon a consideration pertaining to the morality or advisability of the statute defining the offense charged. 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. 664, 26; 2007, No. HISTORY: Acts 1975, No. [500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 333 500 500 500 500 500 500 500 333 500 500 250 333 250 278 500 500 500 500 500 500 500 500 500 500 278 278 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 444 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 333 500 278 500 500 500 500 500 500 500 500 500 541 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500] A person is not justified in using physical force upon another person if: With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person; However, the initial aggressor's use of physical force upon another person is justifiable if: The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and, The other person continues or threatens to continue the use of unlawful physical force; or. 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. https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-74-107/, Read this complete Arkansas Code Title 5. A person who violates subdivision (b)(1) of this section is deemed guilty of an unclassified misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). /ItalicAngle 0 ), No. A licensee who completes a training course under this subsection shall be given a concealed carry endorsement by the department on his or her license to carry a concealed handgun that the person is permitted to possess and carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college. Texas Sess. Executive orders, proclamations, and regulations have the force and effect of law. ), No. Current as of January 01, 2020 | Updated by FindLaw Staff. 828, 1. HISTORY: 2013 No. Prevent the escape of a person reasonably believed to have committed a felony. >> 280, 502; A.S.A. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 419, 1; 1997, No. 8 test blasting cap when unconfined; "Contraband" means any explosive material that was used with the knowledge and consent of the owner to facilitate a violation of this subchapter, as well as any explosive material possessed under circumstances prohibited by law; Any explosive, incendiary, or poison gas; Rocket having a propellant charge of more than four ounces (4 ozs. /CapHeight 0 Any law enforcement officer or member of the militia who seizes or confiscates a firearm or ammunition from an individual under this section shall return the seized or confiscated firearm or ammunition to the individual unless: The individual is arrested for a criminal offense; or. The authorization prescribed in subdivision (b)(2) of this section shall be carried on the person of the employee of a local detention facility and be produced upon demand at the request of any law enforcement officer or owner or operator of any of the prohibited places as set out in 5-73-306. Unlawful discharge of firearms. A retired law enforcement officer is exempt from the licensing requirements of this subchapter if the retired law enforcement officer is permitted to carry a concealed handgun under 12-15-202(b). In cases of accidental discharge, individuals may be injured and/or property may be damaged., The accidental discharge of a firearm, in some cases, may be a criminal offense. 781, 1-3. 556, 1; 1987, No. Criminal use of prohibited weapons. HISTORY: Acts 1975, No. Except as provided in 5-73-322, 5-73-306 and 16-21-147, and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state, or any city or county, or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. 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. The prosecuting attorney may appear, support, object to, or present evidence relevant to the petition. A misdemeanor conviction may result in up to a year in jail and/or fines. In a prosecution for an offense, justification as defined in this subchapter is a defense. ); Missile having an explosive or incendiary charge of more than one-quarter ounce (.25 oz. /Flags 32 A resident of this state may purchase a rifle, shotgun, or ammunition in another state as expressly authorized under the regulations issued under the Gun Control Act of 1968, 18 U.S.C. 675, 1; 2013, No. The threat of any bodily impact, restraint, or confinement; "Unlawful physical force" means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and. 74, 1; 1994 (2nd Ex. Notwithstanding any Arkansas law to the contrary, at the conclusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. Your A private university or private college that adopts a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college shall post notices as described in 5-73-306(18). WebStrict liability of person who illegally transfers a firearm. 1100, 1-3; 1999, No. Criminal distribution of explosive material is a Class C felony. The director may revoke a license if the licensee has been found guilty of one (1) or more crimes of violence within the preceding three (3) years. endstream endobj startxref 9 0 obj /StemV 0 HISTORY: Acts 1993, No. 1947, 41-512. L. No. 1947, 41-3106. endobj 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. A person commits the offense of possession of a defaced firearm if he or she knowingly possesses a firearm with a manufacturer's serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed. Law, Immigration Many cities and municipalities have adopted unlawful discharge ordinances that prohibit the firing of a weapon inside a specified geographic area, such as within a city's boundarieseven if it's your private property. 419, 8, Acts 2019, No. US Tax Court 595, 1; 1995, No. These laws, often known as unlawful discharge, reckless discharge, or unlawful use of a weapon, differ widely between states and cities. 80, 4; Pope's Dig., 3517; A.S.A. A veteran may file a petition under this section no more than one (1) time every two (2) years. 168, 1; 2013, No. 42, 1; Acts 2019, No. (c) (1) (A) Any vehicle or property used by the owner, or anyone acting with the knowledge and consent of the owner, to facilitate a violation of this section is subject to forfeiture. or 5-73-201 et seq., and the plea is accepted by the court, or is found guilty of any criminal offense under 5-73-101 et seq. 235, 2; 2013, No. 1078, 1; 2015, No. Costs for processing the set of fingerprints as required in subdivision (a)(3)(A) of this section shall be borne by the applicant; A waiver authorizing the department access to any medical, criminal, or other records concerning the applicant and permitting access to all of the applicant's criminal records. /Subtype /TrueType 664, 2; 2009, No. The use of the deadly physical force for protection would not be allowed under 5-2-607(b). The items listed in subdivisions (a)(1)-(5) of this section. 389, 1; 2007, No. Detectives from the Metropolitan Police Department's Third District seek the publics assistance in identifying and locating a vehicle in reference to an Unlawful Discharge of a Firearm offense that occurred on Thursday, April 27, 2023, in the 2000 block of 14 th Street, Northwest.. At approximately 1:42 am, the suspect discharged a firearm at 58, 1; 1999, No. The name of an applicant, licensee, or past licensee may be released as contained in investigative or arrest reports of law enforcement that are subject to release as public records. Sess. A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety: However, a person is not required to retreat if the person is: In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or, A law enforcement officer or a person assisting at the direction of a law enforcement officer; or.
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