ARKANSAS STATE POLICE

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State of ArkansasARKANSAS STATE POLICE1 State Police Plaza DriveAsa HutchinsonGovernorARKANSASSTATE POLICECOMMISSIONLittle Rock, Arkansas 72209-4822www.asp.arkansas.gov“SERVING WITH PRIDE AND DISTINCTION SINCE 1935”William J. BryantDirectorOctober 11, 2017To: Whom It May ConcernDr. Lewis ShepherdChairmanArkadelphiaJohn AllisonVice-ChairmanConwayBob BurnsSecretaryLittle RockJane Dunlap ChristensonHarrisonNeff BasoreBella VistaBill BentonHeber SpringsStephen EdwardsMariannaFrom: Arkansas State PoliceSubject: Proposed Rules: Arkansas Concealed Handgun Carry License RulesNOTICE OF PROPOSED RULE CHANGES“Arkansas Concealed Handgun Carry License Rules”Pursuant to Arkansas Code Ann. §§ 25-15-201 et seq., and other applicableArkansas laws, NOTICE is hereby given that the Department of ArkansasState Police intends to revise the existing version of the Arkansas ConcealedHandgun Carry License Rules. Specifically, the proposed Rules includeupdates and revisions required by Acts 562 and 859 of 2017 and other updatesand revisions in conformity with changes to Arkansas law and/or currentDepartmental procedures.All interested persons are encouraged to present their written comments on theProposed Rules as soon as possible to Mary Claire McLaurin of the ArkansasState Police by email at mary.claire.mclaurin@asp.arkansas.gov or via mail atthe Department, 1 State Police Plaza Drive, Little Rock, Arkansas, 72209, assoon as possible. All interested persons are asked to be responsible for notifyingtheir personnel and employees about the Proposed Rule Changes.A copy of the Proposed Rule Changes can be reviewed on the ASP Internetweb site at: http://www.asp.Arkansas.gov or by contacting the Department. Apublic hearing for the submission of oral comments will take place on October31, 2017 at 10:00 a.m. at Department headquarters, 1 State Police Plaza Drive,Little Rock, Arkansas, 72209. Written opinions and comments will beconsidered if received at the above address by 4:00 pm November 10, 2017.

DEPARTMENT OF ARKANSAS STATE POLICEARKANSAS CONCEALED HANDGUN CARRY LICENSE RULESTABLE OF CONTENTSCHAPTER 1. Title; AuthorityRule 1.0 TitleRule 1.1 Authority; Purpose; ScopeRule 1.2 DefinitionsRule 1.3 Authority to issue licenseRule 1.4 Term of the licenseRule 1.5 Exemptions – Authorized under other lawsRule 1.6 Penalty for false response or documentRule 1.7 Exemptions – Military and spouseCHAPTER 2. ApplicationRule 2.0 Application designRule 2.1 Application availabilityRule 2.2 Proper Application PacketRule 2.3 FeesCHAPTER 3. License Possession RequirementsRule 3.0 License UsageRule 3.1 Possession of licenseRule 3.2 Contact with law enforcementRule 3.3 Current license validityCHAPTER 4. Requirements for licensureRule 4.0 License – RequirementsRule 4.1 Application formRule 4.2 Initial Aapplication packet and procedureRule 4.3 Application packet processing by the DepartmentRule 4.4 Fingerprinting for initial applicationRule 4.5 Unresolved arrestsRule 4.6 License – IssuanceRule 4.7 License denial – Initial applicationCHAPTER 5. Renewal of licenseRule 5.0 Process for renewal of licenseRule 5.1 Renewal application - late feeRule 5.2 License expired over six (6) monthsRule 5.3 Renewal application denialCHAPTER 6. Other changes to licenseRule 6.0 Lost or destroyed licenseReplacement licenseRule 6.1 Change of address of the licenseeRule 6.2 Change of name of the licenseeRule 6.3 Death of licenseeRule 6.4 Voluntary surrender of a licenseCHAPTER 7. License RestrictionsRule 7.0 Failure to comply with concealed handgun carry restrictionsRule 7.1 Restrictions as to type of handgunRevised November 2013October 20171

RuleRuleRuleRule7.27.37.47.5Prohibited PlacesEnhanced LicenseTerms of Enhanced LicenseEnhanced License - RestrictionsCHAPTER 8. Suspension of LicenseRule 8.0 License suspensionRule 8.1 Arrest of licenseeRule 8.2 Order of Summary SuspensionCHAPTER 9. Revocation of LicenseRule 9.0 RevocationRule 9.1 NoticeCHAPTER 10. Administrative HearingsRule 10.0 Appeal hearingsRule 10.1 Possession of license pending appealCHAPTER 11. Re-application after License RevocationRule 11.0 Re-application proceduresCHAPTER 12. Honoring of other states’/ license to carry a concealed handgunRule 12.0 EffectRepealedRule 12.1 EffectRule 12.2 Procedure for transfer of a license issued by another state to ArkansasCHAPTER 13. Training Requirement for Concealed Handgun Carry LicenseRule 13.0 Training requirements upon initial applicationRule 13.1 Training requirements upon renewal of licenseRule 13.2 Substitution of live-fire training - Active Duty MilitaryRule 13.3 Training requirements for Enhanced licenseSubstitution of live-firetraining - National Guard or a reserve componentof the Armed Forces of theUnited StatesCHAPTER 14. Firearms Safety Training InstructorRule 14.0 PurposeRule 14.1 Maintenance of RecordsRule 14.2 Application for approval of registrationRule 14.3 Approval to teach Enhanced trainingCHAPTER 15. Firearms Safety Training Instructor RequirementsTraining courserequirements to obtain and maintain registration as a Firearms Safety TrainingInstructorRule 15.0 Instructor Training of ApplicantsRule 15.1 Requirements for aAdministration of firearms safety training instructionRule 15.2 Instructor Change of AddressRule 15.3 Instructor – Other requirementsRule 15.4 Death of a registered instructorRule 15.5 Voluntary surrender of a registrationRule 15.6 Notification of Department of arrest of a registrantRevised November 2013October 20172

CHAPTER 16. Denial, suspension, or revocation of a Firearms Safety TrainingInstructor registrationRule 16.0 Grounds for denial, suspension, or revocation of a Firearms SafetyTraining InstructorregistrationRRule 16.1 Appeal of the denial, suspension, or revocation of aFirearms Safety TrainingInstructor registrationFormatted: Indent: Left: 1.75", Tab stops:1.75", LeftCHAPTER 17. Firearm-Sensitive AreasRule 17.0 Posted firearm-sensitive areas – RestrictionRule 17.1 Establishment of a firearm-sensitive area – Security PlanFormatted: Font: Not BoldCHAPTER 18. Effective Date of these RulesRule 187.0 Effective dateRevised November 2013October 20173

DEPARTMENT OF ARKANSAS STATE POLICEARKANSAS CONCEALED HANDGUN CARRY LICENSE RULESCHAPTER 1. TITLE; AUTHORITY; SCOPERule 1.0 TitleThese Rules shall be known as the Arkansas Concealed Handgun Carry License Rules(“Rules”).Rule 1.1 Authority; Purpose(a) These Rules are issued pursuant tounder the Director’s authority under ACA §§573-317, and §§ 12-8-104, et seq., and the Arkansas Administrative Procedure Act atACA §§ 25-15-201, et seq., among others. The purpose of these Rules is to establishthe process and procedures, provide guidelines in conformity with Arkansas laws, forthe licensing and as to issuance and governance of concealed handgun carry licenseholders; applicants for new, renewal, or transfer licenses to carry a concealed handgunin the State of Arkansas as issued by the Department of Arkansas State Police; and toprovide standards and guidelines to instructors who train concealed handgun carrylicense applicants; and to outline the process and procedures for the establishment offirearm sensitive areas.(b) These Rules do not address federal law concerning active and retired lawenforcement concealed handgun carry authorization under 18 United States Code § 921and § 922.(c) These Rules do not address certified law enforcement officers’ or retired lawenforcement officers’ concealed handgun carry authorization under the provisions ofACA §§ 12-15-201 and §12-15-202.Formatted: Font: Not ItalicFormatted: Font: Not ItalicFormatted: Font: Not ItalicRule 1.2 DefinitionsDefinitions are adopted as follows:used in these Rules, unless the context otherwiserequires, are adopted:(a) “Active Duty Military” - any personmeans an individual serving full time in theactive military service of the United States of America, includingand includes membersof the reserve components, of the various branches of military service, while servingunder published orders for active duty or full-time training. “Active Duty Military” Theterm does not include a:(1) members of the reserve component who isare performing active duty under amilitary calls or orders for a specifiedying periods of less than thirty-one (31) calendardays; or(2) active duty training under military calls or orders specifying periods of less thanthirty-one (31) calendar days;(b) “Administrator” – means the designee of the Director of the Department ofArkansas State Police; under these Rules;(c) “Applicant" - means any person who has submitted an application to theDepartment a properly-completed application for a concealed handgun carry license andpaid the statutory fees;(d) "Application" - means a form of such size and design that contains the requiredinformation and documentation enabling a person to apply for a license to carry aconcealed handgun, an enhanced or enhancement to a concealed handgun carryRevised November 2013October 20174

license, renewal of a concealed handgun carry license, or transfer of a concealedhandgun carry license;Formatted: Font: Not Bold(e) “Application packet” - means the documentation as outlined in Rule 4.2 herein;(f) “Committed” – an overnight stay in a medical or other treatment facility, whethervoluntary or involuntary; Chronically and habitually uses alcoholic beverages”means:(1) That a person’s normal faculties are impaired. This is presumed if the applicanthas been voluntarily or involuntarily committed to a treatment facility for treatment ofalcoholism within the three (3) year period immediately preceding the date on which theapplication, renewal, or transfer is submitted; or(2) That a person has been convicted of two (2) or more offenses related to the use ofalcohol under the laws of this state or similar laws of any other state or of the UnitedStates within the three (3) year period immediately preceding the date on which theapplication, renewal, or transfer is submitted; or(3) That a person has been convicted of an alcohol-related offense while a handgunwas in his or her possession within the last three (3) years;(g) “Chronically and habitually abuses controlled substances” means :(1) That a person’s normal faculties are impaired. This is presumed if the applicanthas been voluntarily or involuntarily committed to a treatment facility for the abuse of acontrolled substance within the three-year (3) period immediately preceding the date onwhich the application, renewal or transfer is submitted; or(2) has been convicted of a crime under the provisions of the Uniform ControlledSubstances Act, ACA §§ 5-64-101 et seq., or similar laws of Arkansas or any other stateor the United States relating to controlled substances within the three-year (3) periodimmediately preceding the date on which the application, renewal, or transfer issubmitted;Field Code Changed(h) "Concealed" means to cover from observation so as to prevent public view;(i) (g) "Convicted" - means that a person was found guilty of or pled pleaded guilty ornolo contendere to a criminal offense. or was found guilty of an offense;Unless otherwisespecifically stated, a “conviction” includes offenses that have been sealed or expunged;(jh) “Crime of Violence” – any offense involving the threat of physical contact or actualphysical contact or any offense involving an act or omission resulting in bodily injury. A“crime of violence” can include, includes but is not limited to, murder, rape, and sexualassault, robbery, terroristic threatening, disorderly conduct, resisting arrest, battery,orand assault;(ik) “Department” - means the Department of Arkansas State Police;(jl) "Director" - means the Director of the Department of Arkansas State Police;(km) "Documentation" - means information that as may be required to determine theapplicant's eligibility. qualifications. “Documentation” includes written materials thatare able to be independently verified as true and correct by the Department. Forexample, Tthe most reliable “documentation” of a disposition from a court is a copy ofthe final disposition certified by the court clerk or the keeper of the record. Convictionsthat have been sealed or expunged may still disqualify an applicant from receiving aCHCL under certain circumstances.Revised November 2013October 2017Formatted: Font: Not Bold5

A seal or expungement order for a felony conviction in Arkansas where the crimeoccurred prior to April 7, 1971, will be considered void by the Department.A valid seal or expungement order for an Arkansas felony conviction when the crimewas committed after March 13, 1995, shall be reviewed by the Department, but will notrestore firearms rights unless a gubernatorial or presidential pardon is receivedspecifically restoring firearms possession rights.A valid seal or expungement order for an Arkansas felony conviction when the crimewas committed prior to March 13, 1995, shall be reviewed and, unless void or causes aprohibition under federal law, shall be honored by the Department;(ln) "Duplicate License" - means a license to carry a concealed handgun that iswhich has been issued to a licensee to replace a the previously-issued license;(mo) “Enhanced Training” – the training requirements set forth in Rule 13.3 for alicensee to qualify for an enhanced concealed handgun carry license;(n) "Firearms Safety Training Instructor" or “Instructor” - means any person whoishas been registered by the Director to conduct the necessary instruct the trainingrequirements for a licensee to carry a concealed handgun; under the provisions ofArkansas law and these Rules;(op) "Handgun" - means any firearm, other than a fully automatic firearm, with abarrel length of less than twelve inches (12") that is designed, made, or adapted to befired with one (1) hand;(pq) ''Hearing Officer" - means the Director of Arkansas State Police or his/herdesignated representative acting in issues of adjudication as outlined in the ArkansasAdministrative Procedure Act;, as amended;(qr) “Licensee” - means a person who has been issued a concealed handgun carrylicense under the provisions of ACA §§ 5-73-301, et seq., and these Rules;(1) Restricted - allows the person to carry any legal handgun other than asemiautomatic handgun. The licensee must establish proficiency in the use of ahandgun other than a semiautomatic handgun; or(2) Unrestricted – allows the person to carry any legal handgun. The licensee mustestablish proficiency in the use of a semiautomatic handgun;Formatted: Font: Not Italic(r) “Passenger Terminal of an Airport” – the ticketing area, lobby, and baggage claimof an airport. The “passenger terminal of an airport” does not include any sterile area ofan airport, the passenger security screening checkpoint, and all areas beyond thesecurity checkpoint;(s) “Possession” - means, for the purposes of ACA §§ 5-73-301 et seq. and these Rules,“possession” isany actual or constructive possession on or about the person, in a vehicleoccupied by the licensee (including, , to include but not be limited to, areas within thepassenger compartment of any vehicle, such asincluding glove boxes or , containers), orotherwise readily available for use. “Possession” also includes “carrying a handgun” asstated in ACA § 5-73-312(c). on the person, unless excluded below.(1) “Possession” does not include:Revised November 2013October 20176

(A) For a passenger car, where the handgun is unloaded and locked in thetrunk;(B) For any vehicle, where the handgun is unloaded and located in a spaceoutside the passenger compartment;(C) For a vehicle in which where a space outside the passenger compartmentor a trunk does not exist, where the then the handgun isshall be unloaded and in alocked container and the ammunition is physically separated from the handgun, so thatboth are not readily accessible to any occupant of the vehicle while the vehicle is inmotion;(D) Placement or storage of the handgun unattended in any location if thelicensee is not in the same room and immediate vicinity of the handgun.(2) “Carrying a handgun”, as stated in ACA §5-73-312 (c), is included in the term“possession”;(t) “Registration'' - means a certificate granted to an instructor permitting him or/ herto instruct the firearms safety training provisions outlined in these Rules;Formatted: Left(u) “Resident” - means an individualany person who possesses a valid Arkansasdriver’s license or ID card with an Arkansas address listed thereon and/or who hasestablished domicile as evidenced by the intent to make Arkansas his or her fixed andpermanent home. It is presumed for the purposes of this definition that, when a persontransfers his or her Arkansas driver’s license or ID card to another state for a period ofthirty (30) days or longer, the person is no longer an Arkansas resident;(v) "Storage” – for the purposes of ACA §§ 5-73-301 et seq. and these Rules, “storage”refers to storage of a handgun in a university or college-operated student dormitory orresidence hall, which is prohibited under ACA § 5-73-119(c). “Storage” means to leave ahandgun unattended in any location for any period of time, where the licensee is not inthe same room and immediate vicinity of the handgun.(w) “Training" - means the training requirements set forth in Rule 13.0 and 13.1 theseRules for licensure to carry a concealed handgun.Rule 1.3 Authority to issue licenseThe Director may issue a license to carry a concealed handgun to anya person whomeets the requirements set forth qualified as provided in these Rules and otherapplicable laws.Rule 1.4 Term of the licenseThe term of the license to carry a concealed handgun is valid throughout the state for aperiod of five (5) years from the date of issuance, unless the license is suspended or ,cancelled or revoked under these Rules.Rule 1.5 Exemptions – Authorized under other lawsA ny person who is exempt from licensing requirements under ACA § 5-73-304 legallyauthorized to carry a firearm under any Arkansas or federal law other than ACA §5-73301 et seq is not bound by thesethe Arkansas Concealed Handgun Carry License law orrRules.Rule 1.6 Penalty for false response or documentRevised November 2013October 20177

Submitting a false answers or false documentation with an application or in othercommunications with the Department shall subject the applicant to the following:(a) Criminal penalty- aAny person who knowingly submits a false answer to any question on a concealedhandgun carry license application, or knowingly submits a false document whenapplying for a concealed handgun license, upon conviction is guilty of a Class ABmisdemeanor; and/or(b) Non-criminal penalty aAny person who knowingly submits a false answer to any question on a concealedhandgun carry license application, or knowingly submits a false document whenapplying for a concealed handgun license, is precluded from receiving aany license beingissued to the applicant; and is subject to immediate revocation of his or her license ifitthe license has already been issued.Formatted: Font: Not BoldFormatted: Font: Not BoldFormatted: Font: Not BoldRule 1.7 Exemptions – Military and spouseActive Duty Member(a) An active duty member of the United States military is not required to be a residentof Arkansas to obtain an Arkansas concealed handgun carry license if the active dutymember submits documentation of his or her active duty status. is able to documentthat at the time of their application that they are stationed in Arkansas.(b) The active duty member must complete the classroom portion of the concealedhandgun carry training. that relates to Arkansas laws and concealed handgun carryrules.(c) The active duty member, or a former member who has recently received anhonorable discharge, may substitute a form and athe letter from his or hertheircommanding officer, as outlined in Rule 13.2, and 13.3 for their live-fire requirementor he or shethey may complete the entire concealed handgun carry training coursewithand complete live- fire under

Rule 1.1 Authority; Purpose; Scope Rule 1.2 Definitions Rule 1.3 Authority to issue license Rule 1.4 Term of the license Rule 1.5 Exemptions – Authorized under other laws Rule 1.6 Penalty for false response or document Rule 1.7 Exemptions – Military and spouse CHAPTER 2. Application Rule 2.0 Application design

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