Penalty in Arkansas

[motorhead0922]

What is the penalty for carrying concealed in a prohibited place (i.e. posted) in Arkansas? I can't find it on Nexus.

No, I don't make a habit of it, but sometimes I don't notice a sign.

 

[Spats McGee]

Caveat: I'm a lawyer, but I'm not your lawyer. What follows is commentary, not legal advice.

With that out of the way, the prohibited places are listed at Ark. Code Ann. 5-73-306:

No license to carry a concealed handgun issued pursuant to this subchapter authorizes any person to carry a concealed handgun into:

. . . .​

(19)(A)(i) 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”.

(ii)(a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place.

(b) In addition to the requirement of subdivision (19)(A)(ii)(a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance.

(iii) A written notice as described in subdivision (19)(A)(i) of this section is not required for a private home.

(iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun.

(B) Subdivision (19)(A) of this section does not apply if the physical location is a public university, public college, or community college, as defined in § 5-73-322, and the licensee is carrying a concealed handgun as provided under § 5-73-322.

Ark. Code Ann. § 5-73-306 (West)

As for the penalties, I'm going to have to just make and educated guess. (I'm at work right now, so I can't really dig down into this as carefully as I would if I were advising a client.) There's not a section that says, "a violation of 5-73-306 is punishable by . . . " So assuming that you're talking about a run-of-the-mill "posted place," and not a "prohibited place" like the other ones listed in 5-73-306 (schools, courthouses, etc.), then I think you'd likely be charged with Criminal Trespass if caught. That's usually a Class C misdemeanor. That means: up to 30 days in jail and $500 in fines.

If I dig up anything further, I'll let you know.

ETA: It might fall under the carrying a weapon statue (5-73-120), which is an A misdemeanor, but I don't really think so. If it is an A Misd, it's punishable by up to 1 year in jail and up to $2,500 in fines.

 

[Sharkbite]

(iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun.

WOW.....

So i get invited to a Super Bowl party at the friend of a friends house. When i get there i have to go up to the home owner (thank them for the invite) and tell him im carrying a GUN

 

[Aguila Blanca]

So i get invited to a Super Bowl party at the friend of a friends house. When i get there i have to go up to the home owner (thank them for the invite) and tell him im carrying a GUN

Correct.

 

[glh17]

All I could find was that apparently the signs have "the force of law," but not what the penalty is.

http://www.handgunlaw.us/states/arkansas.pdf

 

[Spats McGee]

So i get invited to a Super Bowl party at the friend of a friends house. When i get there i have to go up to the home owner (thank them for the invite) and tell him im carrying a GUN

Correct.

Yep, that's correct. Either that, or don't carry in someone else's home.

 

[motorhead0922]

Thanks for the replies. Yes, it's easy to find that firearms have certain restrictions in Arkansas, but seemingly impossible to find out what the penalty is. This is unlike Missouri, where the penalty is stated right after the violation is identified.

And in Missouri, there is essentially no penalty for carrying in the restricted areas. It's not a criminal offense.

 

[Spats McGee]

Please also be aware that the passage of Act 746, really threw some stuff into chaos. It changed the wording of our Carrying a Weapon statute. Now some folks think we have open carry, but our AG does not. I'm going to guess that you don't want to be our test case.

The good news is that business that are posted "no firearms" are few and far between.

 

[motorhead0922]

Hi Spats. Yes I am aware of the confusion about open carry and what constitutes a "journey". I have no plans to open carry.

If I visited my relatives in NW Ar, and announced that I was carrying, they'd answer something like, "Well of course you are. Why wouldn't you?" But that is a ridiculous law.

I hope someone knows the answer. I like to know as much as possible about the laws I find myself under. Otherwise, I tend to leave the firearms at home.

 

[JimDandy]

Yep, that's correct. Either that, or don't carry in someone else's home.

There's one reason to host the party yourself. In either case, you're still best off skipping the Superbowl Suds.

 

[Spats McGee]

I don't go to the homes of "friends of friends" very much, with the exception of taking the Little McGee to the homes of her friends, or picking her up. That being the case, needing to notify folks that I'm carrying just hasn't been an issue. Family and good friends all know that I carry everywhere legally allowed, so it's a non-issue for them, too.

 

[jnichols2]

motorhead0922 wrote" "But that is a ridiculous law."

It's not really a ridiculous law. A majority of states that allow carry have similar laws. It merely assigns the decision of who may be armed to the homeowner (Lord of the Castle) as opposed to the guest.

With that said, my own state (Texas) requires the entrance be posted in a specific manner. But I would not consider it civil to enter a friend's home armed without their consent. After all, it is their home.

In my house, I want to make that decision. In your house I will gladly defer the decision to you.

 

[Aguila Blanca]

motorhead0922 wrote" "But that is a ridiculous law."

It's not really a ridiculous law. A majority of states that allow carry have similar laws. It merely assigns the decision of who may be armed to the homeowner (Lord of the Castle) as opposed to the guest.

I believe you are incorrect. If I remember correctly, there are only two out of fifty states that have this requirement. I hold permits from four different states and I know none of those four have such a requirement.

 

[Dreaming100Straight]

Originally Posted by Aguila Blanca
Quote:

Originally Posted by Sharkbite
So i get invited to a Super Bowl party at the friend of a friends house. When i get there i have to go up to the home owner (thank them for the invite) and tell him im carrying a GUN

Correct.

Carrying when you will be drinking is considered a no no by most. Carrying at a Super Bowl party is worse.

 

[wayneinFL]

Carrying when you will be drinking is considered a no no by most. Carrying at a Super Bowl party is worse.

Why would carrying at a Super Bowl party be worse than carrying while you're drinking?

A person shouldn't be going to the Super Bowl party of a "friend of a friend" and getting sloppy drunk in the first place. Assuming the host even serves alcohol.

If someone doesn't have enough self control to avoid getting drunk at a party, he should re-think whether he is mature enough to drink or to carry a gun at all.

 

[green_MTman]

as far as i know if your granted a carry/conceal permit the local authorities are obligated to inform you on the rules thereof.

go to your police chief/sherrif's dept or state police baracks and ask for a writen copy of the rules concerning concealed weapons

 

[carguychris]

as far as i know if your granted a carry/conceal permit the local authorities are obligated to inform you on the rules thereof.

To my knowledge, this is not a statutory or regulatory requirement anywhere in the USA, in AR or otherwise.

If I am incorrect, please provide a verifiable citation.

As numerous other threads have (IMHO correctly) pointed out, asking local law enforcement for legal advice is potentially perilous. Their knowledge is often incomplete at best, and downright erroneous at worst. If one wants to know the finer points of the law, one should ask a qualified attorney, NOT a cop.

 

[green_MTman]

in massachusetts they give you a copy of all mass gun laws with your FID card.If local law enforcement cant help contact a lawyer

 

[Spats McGee]

as far as i know if your granted a carry/conceal permit the local authorities are obligated to inform you on the rules thereof.

go to your police chief/sherrif's dept or state police baracks and ask for a writen copy of the rules concerning concealed weapons

I'm unaware of any requirement for "local authorities" to provide such information. The CHCL trainer is probably required to, but not local authorities. I don't have time to look up what the training requirements are, but they presumably include relevant Arkansas statutes & rules.

That said, if you did go to the local sheriff's office, I'd be very surprised if you couldn't get a copy of most (if not all) of the relevant statutes.

in massachusetts they give you a copy of all mass gun laws with your FID card.If local law enforcement cant help contact a lawyer

This thread is about Arkansas, not Massachusetts.

 

[zincwarrior]

in massachusetts they give you a copy of all mass gun laws with your FID card.If local law enforcement cant help contact a lawyer

In Texas a book of pertinent code is publicly available on the same website you apply for. Originally I received a copy (but had already downloaded it). We are tested on its contents.

More importantly, please pay special attention to intoxication statutes in regards to firearms (both direct and special codes for CHLers). That can be very important.