Overview
Gun laws in Arkansas govern the acquisition, possession, transfer, and use of firearms and ammunition within the state. The statutes are primarily codified in the Arkansas Code §§ 5‑73 (Crimes) and §§ 6‑50 (Firearms). Arkansas generally follows a "shall-issue" policy for concealed carry permits and does not require a permit for the open carry of firearms. The state has enacted several laws related to background checks, firearm storage, domestic violence prohibitions, and the recognition of out‑of‑state concealed carry licenses.
Constitutional Framework
Arkansas recognizes the Second Amendment of the United States Constitution and the Arkansas Constitution’s Article 2, Section 27, which affirms the right of individuals to keep and bear arms.
Acquisition and Transfer
| Aspect | Legal Requirement |
|---|---|
| Background checks | All firearm purchases from federally licensed dealers must undergo a National Instant Criminal Background Check System (NICS) check, as mandated by federal law. Private sales, including those at gun shows, are not subject to state‑mandated background checks. |
| Age restrictions | Individuals must be at least 18 years old to purchase rifles and shotguns and at least 21 years old to purchase handguns from licensed dealers. |
| Prohibited persons | Convicted felons, persons adjudicated as mentally ill, individuals subject to certain restraining orders, and persons convicted of domestic violence misdemeanors are barred from possessing firearms. |
| Waiting periods | Arkansas imposes no statutory waiting period for firearm purchases. |
Carrying Firearms
Open Carry
- Arkansas permits the open carry of firearms without a permit for individuals who are lawfully possessed. Restrictions apply in certain locations, such as schools, courthouses, and private property where the owner prohibits firearms.
Concealed Carry
- Arkansas issues concealed carry licenses on a "shall‑issue" basis. Applicants must be at least 21 years old, complete a state‑approved safety training course, and not be prohibited from possessing firearms.
- The license is valid for five years and is recognized in all other U.S. states that honor reciprocity agreements.
- As of 2021, Arkansas enacted a "permitless carry" (also called constitutional carry) law allowing any eligible adult (21 or older) to carry a concealed firearm without a permit, though the permit remains useful for reciprocity purposes.
Firearm Prohibited Places
State law prohibits firearms in:
- School buildings (with limited exceptions for law‑enforcement officers and certain school‑safety personnel).
- Courthouses and courtrooms.
- State and federal correctional facilities.
- Private establishments that post conspicuous signage prohibiting firearms, provided the signage meets statutory specifications.
Firearm Storage and Safety
- Arkansas does not have a universal child‑access prevention law, but it imposes liability on adults who knowingly provide firearms to minors who subsequently use them in the commission of a crime.
- Certain statutes require secure storage of firearms in cases involving individuals under a protective order or during temporary removal of firearms after a domestic violence incident.
Domestic Violence
- Under Arkansas law, individuals convicted of a misdemeanor crime of domestic violence are prohibited from possessing firearms for a period of five years following conviction.
- A protective order that includes a "no‑firearms" clause also bars the respondent from possessing firearms while the order is in effect.
Stand‑Your‑Ground and Self‑Defense
- Arkansas follows a "stand‑your‑ground" principle: a person is not required to retreat before using force, including deadly force, if they are lawfully present and reasonably believe such force is necessary to prevent imminent death or great bodily injury.
Recent Legislative Changes (as of 2024)
- Permitless Carry (2021): Signed into law by Governor Asa Hutchinson, allowing lawful adults to carry concealed handguns without a permit.
- Firearms in Vehicles (2022): Clarified that carrying a loaded firearm in a vehicle does not constitute “concealed carry” requiring a permit, provided the firearm is not concealed upon the person.
- Ammunition Regulations (2023): Enacted a law prohibiting the sale of ammunition to anyone under 21 years of age and requiring dealers to maintain records of ammunition transactions.
Enforcement and Penalties
- Violations of firearm statutes can result in misdemeanor or felony charges, with penalties ranging from fines to imprisonment, depending on the severity of the offense.
- Possession of a firearm by a prohibited person is generally a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,500. More serious offenses, such as unlawful discharge of a firearm, can be felonies.
Legal Challenges and Litigation
- Arkansas gun statutes have been subject to appellate review, particularly concerning the balance between public safety and constitutional rights. Notable cases include challenges to the state's concealed carry licensing requirements and the constitutionality of certain “no‑firearms” signage regulations.
References
- Arkansas Code §§ 5‑73, 6‑50.
- Arkansas State Police, Firearms Division – Annual reports (2020‑2023).
- Arkansas Attorney General Opinions on firearm statutes, 2021‑2024.
- United States v. Díaz, 915 F.3d 937 (8th Cir. 2019) – Discussion of Arkansas’s stand‑your‑ground law.
Note: The information presented reflects the legal landscape as of April 2026. Subsequent legislative or judicial developments may modify these provisions.