130.00.13 Ark. Code R. 004

Current through Register Vol. 49, No. 10, October, 2024

Rule 130.00.13-004 - Concealed Handgun Carry License (CHCL) rules

PURPOSE - Implements Acts 415 and 539 of 2013 regarding who is not bound by the Arkansas concealed handgun carry laws and rules.

EXPLANATION - Acts 415 and 539 of 2013 allows authorized individuals to carry a firearm under ACA § 12-15-201 and 202 and § 16-21-147. Those persons legally authorized to carry a firearm under those provisions of the law are not bound by the Arkansas Concealed Handgun Carry law or rules.

Rule 1.5Exemptions - Authorized under other laws

Any person legally authorized to carry a firearm under any Arkansas or federal law other than ACA § 5-73-301 et seq is not bound by the Arkansas Concealed Handgun Carry License law or rules.

PURPOSE - This change implements Act 989 of 2013. That Act allows the spouse of active duty military to present the spouse's active duty orders and then apply for an Arkansas Concealed Handgun Carry License without being an Arkansas resident. Basically extends the Arkansas residence exemption for active duty military members to the spouse of active duty military.

EXPLANATION - The purpose of this rule is to clarify what documentation must be provided to take advantage of this provision.

Rule 1.7 Exemptions - Military and spouse

Active Duty Member

(a) An active duty member of the United States military is not required to be a resident of Arkansas to obtain an Arkansas concealed handgun carry license if the active duty member is able to document that at the time of their application that they are stationed in Arkansas.

(b) The active duty member must complete the classroom portion of the concealed handgun carry training that relates to Arkansas laws and concealed handgun carry rules.

(c) The active duty member may substitute the letter from their commanding officer as outlined in Rule 13.2 and 13.3 for their live-fire requirement or they may complete the entire concealed handgun carry training course and complete live fire under the ASP registered CHCL instructor.

(d) The active duty member shall submit with their initial application and any renewal, a recent passport style photograph in appropriate electronic format.

Spouse of Active Duty Member

(e) Any spouse of active duty military personnel, as recognized by the branch of the United States military in which their spouse is a member, is not required to be a resident of Arkansas to obtain an Arkansas concealed handgun carry license if the spouse of the active duty member is able to document at the time of their application that their spouse is on active duty stationed in Arkansas.

(f) Any spouse of active duty military personnel must meet the same training requirements as a regular CHCL applicant.

(g) Any spouse of active duty military personnel shall submit with their initial application and any renewal, a recent passport style photograph in appropriate electronic format.

PURPOSE - This revision is merely clean up from changes that occurred during the promulgation process in 2008, which now cause confusion and need to be deleted.

EXPLANATION - When the promulgation process was begun in 2008 the release was necessary. Later it was determined that the release was not necessary.

Rule 4.2Application packet and procedure

The applicant for a license to carry a concealed handgun shall submit the following items as an application packet to the Department:

(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;

(f) A signed waiver authorizing the Department access to any medical, criminal, military, or other records concerning the applicant; and

PURPOSE - Implements the provisions of Act 1089 of 2013

EXPLANATION - The new Act requires Arkansas to accept all other states' concealed carry licenses. Reciprocity is no longer allowed under the law. These changes in the rules reflect the changes in the law.

CHAPTER 12.Honoring of other states' license to carry a concealed handgun

Rule 12.1 Effect

(a) Any person in possession of a valid license to carry a concealed handgun issued by another state shall be entitled to the privileges and subject to the restrictions prescribed by Arkansas concealed handgun carry laws, federal laws, and these Rules in order to carry a concealed handgun in the State of Arkansas.

(b) Any Arkansas licensee who is present in another state has the responsibility to determine if the Arkansas Concealed Handgun Carry License is honored in that state and any requirements that may be imposed by that state.

Rule 12.2 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 Department:

(1) A properly completed Department 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 Department will be required);

(3) Two (2) properly completed, classifiable and legible fingerprint cards;

(4) A nonrefundable license fee as set by law; and

(5) Any fee charged by a state or federal agency for a criminal history check.

(b) Any license is valid for a period of five (5) years from the date of issuance and binds the holder to comply with all Arkansas laws and Rules regarding the carrying of the concealed handgun.

(c) The minimum Arkansas residency requirement of ninety (90) days does not apply to applicants for a transfer of a license to carry a concealed handgun from another state.

130.00.13 Ark. Code R. 004

10/13/2013