However, access to inspect and copy public records shall be denied to: A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and. 4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, . Subject to constitutional limitation, nothing in this section and 5-73-101 -- 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible, when that person is in possession of a deadly weapon. (a) It shall be unlawful for any unauthorized person to fire or discharge any gun, pistol, rifle or other firearm of any description within the city, or from without the corporate limits of the city and permit any shot, projectile, B-B's, slugs or ammunition to fall within the city. (c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property. This Article II shall be referred to as the "Henderson County Ordinance Regulating the Discharge and Display of Firearms." 23-9. Feb 20, 2013 #6 General Zod TGT Addict. Discharging a firearm in certain municipalities is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. No person shall fire off any cannon, gun, pistol, revolver, or other firearms within the Town limits, except: (1) A police officer of the Town in the discharge of his or her duties; (2) When the prior permission of the Town Council or the Chief of Police is obtained, and. A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 18 U.S.C. A private university or private college that adopts a policy only allowing carrying of a concealed handgun under this section shall post notices as described in 5-73-306(18) and subdivision (c)(1)(C) of this section. A licensee who intends to carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college is required to complete a training course approved by the Director of the Department of Arkansas State Police. 1947, 41-507; Acts 1997, No. 2. Performed by a public servant or a person acting at the public servant's direction in a reasonable exercise or performance of the public servant's official power, duty, or function. "Public university, public college, or community college" does not include a private university or private college solely because: Students attending the private university or private college receive state-supported scholarships; or, The private university or private college voluntarily reports to the Arkansas Higher Education Coordinating Board; and. Conduct that would otherwise constitute an offense is justifiable when: The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and. HISTORY: Acts 1995, No. 280, 3104; A.S.A. The department shall maintain the confidentiality of the medical, criminal, or other records; and. 1947, 11-108, 11-120; Acts 2007, No. 411, 2; 1995, No. Personal information of current and former public water system customers and municipally owned utility system customers, including without limitation: Notwithstanding subdivision (b)(12) of this section, all employee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon final administrative resolution of any suspension or termination proceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure. Upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. 329, 1, 2; A.S.A. 1. of The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. Montana Inside the passenger terminal of any airport, except that no person is prohibited from carrying any legal firearm into the passenger terminal if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft; However, this subchapter does not preclude a church or other place of worship from determining who may carry a concealed handgun into the church or other place of worship. this Section, Subtitle 6 - Offenses Against Public Health, Safety, or Welfare, Subchapter 1 - Arkansas Criminal Gang, Organization, or Enterprise Act. 419, 2; 1997, No. 1239, 8; 1999, No. ), No. The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. "Violent felony conviction" means a conviction for any felony offense against the person which is codified in 5-10-101 et seq., 5-11-101 et seq., 5-12-101 et seq., 5-13-201 et seq., 5-13-301 et seq., 5-14-101 et seq., and 5-14-201 et seq., or any other offense containing as an element of the offense one (1) of the following: The use or threatened use of serious physical force; The creation of a substantial risk of serious physical harm. Furnishing a deadly weapon to a minor is a Class A misdemeanor. 1947, 41-511. Nothing contained in this section shall be construed to limit or restrict or to make unlawful the discharge of a firearm in defense of a person or property within the areas described in this section. The items listed in subdivisions (a)(1)-(5) of this section. A person commits the offense of possession of stolen explosive material if he or she: Receives, possesses, transports, ships, conceals, stores, barters, sells, disposes of, or pledges or accepts as security for a loan any stolen explosive materials; and. 545, 3; 2007, No. A posted firearm-sensitive area, as approved by the Department of Arkansas State Police under 5-73-325, located at: The University of Arkansas for Medical Sciences; or. 411, 2, 4, 5; 1995, No. Notice of the show cause proceedings may be given in the manner provided for service of criminal summons under Rule 6.3 of Arkansas Rules of Criminal Procedure. In determining whether or not a motor vehicle should be ordered forfeited, the circuit court may take into consideration the following factors: Any prior criminal conviction or delinquency adjudication of the felon or juvenile; Whether or not the firearm was used in connection with any other criminal act; Whether or not the vehicle was used in connection with any other criminal act; Whether or not the juvenile or felon was the lawful owner of the vehicle in question; If the juvenile or felon is not the lawful owner of the vehicle in question, whether or not the lawful owner knew of the unlawful act being committed that gives rise to the forfeiture penalty; and. Imminently endangering the person's life or imminently about to victimize the person as described in 9-15-103 from the continuation of a pattern of domestic abuse. Every manufacturer shall keep a register of all machine guns manufactured or handled by the manufacturer. 1239, 2; 2003, No. L. No. HISTORY: Acts 1975, No. Subsequent flight from the commission or attempted commission of theft or criminal mischief. 1947, 41-3105. 411, 2; 1995, No. The chief law enforcement officer of the city or county shall keep a record of all retired law enforcement officers authorized to carry a concealed handgun in his or her jurisdiction and shall revoke any authorization for good cause shown. 495, 3; No. Police said McKell was trying to disarm the gun on Oct. 31 in order to check it when it went off, hitting the lower corner of the wall. 1558, 3; Acts 2019, No. 921 et seq., as in effect on January 1, 2009. Bill Amsden said: Not illegal at all to shoot a firearm outside of the city limits providing that you are a safe distance from dwellings as another poster indicated and ofcourse able to legally own/ possess a firearm, there are most likely noise restrictions one would have to adhere to. The presence of a machine gun in any room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle where the machine gun is found. Notwithstanding subsection (b) of this section, the governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, may enact an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. "Common carrier" means any vehicle used to transport for hire any member of the public; "Deadly physical force" means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury; "Dwelling" means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis; "Minor" means any person under eighteen (18) years of age; "Occupiable structure" means a vehicle, building, or other structure: Where any person lives or carries on a business or other calling; Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or. Readers are advised to consult a health professional about any issue regarding their health and well-being. 827, 13. 8. 1166, 1; 1993, No. 495, 1; No. "Person" includes a firm, partnership, association, or corporation. 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. (h) (1) " Copycat weapon The Department of Arkansas State Police may issue a license under this subchapter to a person who: Is currently serving as an active duty member of, or has recently been honorably discharged from, the United States Armed Forces, the National Guard, or a reserve component of the armed forces of the United States; A completed concealed handgun license application as prescribed by the department; A form specified by the Director of the Department of Arkansas State Police reflecting the fingerprints of the applicant; A properly completed and dated certificate from a concealed handgun carry training instructor who is registered with the department; A letterdated and personally signed by a commanding officer or his or her designee stating that the applicant is of good character and sound judgment; A form, as designated by the department, showing that the applicant has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date; A copy of the face or photograph side of a current United States Uniformed Services military identification card, if the applicant is a member of the armed forces; and, An electronic passport-style photo of the applicant, if the applicant does not hold an Arkansas driver's license or identification card; and. A felony conviction may result in a year or more in prison and/or larger fines. 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. Within thirty (30) days after the changing of a permanent address, or within thirty (30) days after having a license to carry a concealed handgun lost, the licensee shall notify the Director of the Department of Arkansas State Police in writing of the change or loss. 921 et seq., as in effect on January 1, 2009. However, subdivision (3)(A) of this section does not apply to; A rest area or weigh station of the Arkansas State Highway and Transportation Department; or. A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 18 U.S.C. Person possessing a valid concealed handgun license under 5-73-301 et seq. "Parking lot" does not include a parking lot owned, maintained, or otherwise controlled by the Division of Correction or Division of Community Correction. 746, 2; 2015, No. Rating - 0%. 1101(a)(20), as it existed on January 1, 2009; or, A foreign law enforcement officer of a friendly foreign government, as determined by the Secretary of State under 18 U.S.C. Except as provided in 25-19-109 or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. 827, 12. Connecticut The prohibition set forth in subsection A of this section shall not apply to the discharge of a firearm by a person who reasonably believes that the person of himself or herself or of another is in immediate, grave danger, and that the discharge of the firearm is necessary for the preservation of that person. Mesa Law Firm & Lawyers at JacksonWhite Attorneys at Law 1214, 1; 2005, No. The manufacture for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States, or the transportation required for that purpose; The possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or. A.It is unlawful and a misdemeanor for any person to discharge a firearm within the city limits of the city. HISTORY: Acts 1975, No. 1267, 2; 2005, No. 1051, 1. A person who commits theft of any explosive material with the purpose to cause harm to a person or property is guilty of a Class B felony. American. Please check with the actual state website for any additions / revisions to law that may have been made. If the estimated fee exceeds twenty-five dollars ($25.00), the custodian may require the requester to pay that fee in advance. 280, 511; 1977, No. The applicant for a license to carry a concealed handgun shall submit the following to the Department of Arkansas State Police: A completed application, as described in 5-73-310; A nonrefundable license fee of fifty dollars ($50.00) , except that the nonrefundable license fee is twenty-five dollars ($25.00) if the applicant is sixty-five (65) years of age or older; A full set of fingerprints of the applicant. or its predecessor acts. A person discharging a firearm on a public or private shooting range, shooting gallery, or other area designed, built, and lawfully operating for the purpose of target shooting; 3. These documents should not be relied upon as the definitive authority for local legislation. Do not let one lapse in judgment or mishandling of a firearm determine the rest of your future. The discharge of a firearm by a law enforcement officer in the performance of his or her duty. Luckily our skilled criminal defense attorneys in Phoenix were able to negotiate with the prosecutor in this case. HISTORY: Acts 1935, No. South Carolina 20-2-58. This subchapter may be cited as the "Uniform Machine Gun Act". Among those is, "Discharging firearms." But then all it says is a violation is, "Discharging a firearm within 300 feet of an occupied residential structure without the occupants express approval . 411, 2; 1995, No. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation. 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. The person is in possessionof a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law. Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops are serving, or any specified portion thereof, to be in a state of insurrection or emergency. 419, 2; 1997, No. ), No. When a person is justified under this subchapter in using physical force but he or she recklessly or negligently injures or creates a substantial risk of injury to a third party, the justification afforded by this subchapter is unavailable in a prosecution for the recklessness or negligence toward the third party. If you would like to report a code violation or have questions or concerns, you may use the link below or contact our office at 501-776-5938 or email us at codeenforecment@bentonar.org . 696, 1; 1997, No. Other records containing information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system or municipally owned utility system; Records pertaining to the issuance, renewal, expiration, suspension, or revocation of a license to carry a concealed handgun, or a present or past licensee under 5-73-301 et seq., including without limitation all records provided to or obtained by a local, state, or federal government or their officials, agents, or employees in the investigation of an applicant, licensee, or past licensee, and all records pertaining to a criminal or health history check conducted on the applicant, licensee, or past licensee except that: Information or other records regarding an applicant, licensee, or past licensee may be released to a law enforcement agency to assist in a criminal investigation or prosecution or to determine the validity of or eligibility for a license; and. A firearms instructor who certifies or recertifies that a retired law enforcement officer has met the training and qualification requirements for certification set by the commission for active law enforcement officers to carry firearms under subdivision (c)(1)(A) of this section shall complete and submit any required paperwork to the commission. (3) Subsection (1) does not apply if the discharge of a firearm is justifiable under Title 45, chapter 3, part 1. It is presumed that an applicant chronically and habitually uses an alcoholic beverage to the extent that his or her normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under a law of this state or similar law of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted; Desires a legal means to carry a concealed handgun to defend himself or herself; Has not been adjudicated mentally incompetent; Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility. A person who is found guilty or who pleads guilty or nolo contendere to violating this section is guilty of a violation and shall be fined no less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). 763, 2; 2003, No. 1220, 1; 2017, No. There is created within the office of the Governor a disaster response fund, a disaster recovery fund, a catastrophic loss fund, and a hazard mitigation fund, which shall be separate and apart from the Governor's standard emergency fund. 280, 3103; 1977, No. Round here it is the fact that you discharged it, not what you discharged it with. A concealed handgun may be carried by any retired law enforcement officer or retired auxiliary law enforcement officer acting as a retired auxiliary law enforcement officer who: Retired in good standing from service with a public law enforcement department, office, or agency for reasons other than mental disability; Immediately before retirement was a certified law enforcement officer authorized by a public law enforcement department, office, or agency to carry a firearm in the course and scope of his or her duties; Is carrying appropriate written photographic identification issued by a public law enforcement department, office, or agency identifying him or her as a retired and former certified law enforcement officer; Is not otherwise prohibited under federal law from receiving or possessing a firearm; Has fingerprint impressions on file with the Department of Arkansas State Police Automated Fingerprint Identification System together with written authorization for state and national level criminal history record screening; During the most recent twelve-month period has met, at the expense of the retired law enforcement officer, the standards of this state for training and qualification for active law enforcement officers to carry firearms; Before his or her retirement, worked or was employed as a law enforcement officer or acted as an auxiliary law enforcement officer for an aggregate of ten (10) years or more; and. While the information found on our websites is believed to be sensible and accurate based on the authors best judgment, readers who fail to seek counsel from appropriate health professionals assume risk of any potential ill effects. 957, 3. In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion. HISTORY: Acts 2003, No. HISTORY: Acts 1975, No. A licensee who may carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college under this section may not carry a concealed handgun into a location during which an official meeting lasting no more than nine (9) hours is being conducted in accordance with documented grievance and disciplinary procedures as established by the public university, public college, or community college if: At least twenty-four (24) hours notice is given to participants of the official meeting; Notice is posted on the door of or each entryway into the location in which the official meeting is being conducted that possession of a concealed handgun by a licensee under this section is prohibited during the official meeting; and. 748, 42; 2013, No. A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is: Committing or about to commit a felony involving force or violence; Using or about to use unlawful deadly physical force; or. Criminal distribution of explosive material is a Class C felony. Sess. 10.32.010 Shooting of firearms prohibited - Exceptions. Effective date. 859, 2, No. Car, bus or vehicle The charge is the same regardless of whether a person was endangered; however endangering a person demands a . Sess. 562, 6; 2017, No. Granting the petition would not be contrary to the public interest. A custodian is not required to compile information or create a record in response to a request made under this section. A firearm-sensitive area under subdivision (a)(1)(C)(i) of this section is limited to an area where a collegiate athletic event is held. 1282, 1; 2001, No. Discharging a weapon within city limits is one of the more serious city ordinance violations in North Carolina. HISTORY: Acts 1995, No. 1223, 1; 1997, No. If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter. On New Years Eve, at Midnight, some foolish people shoot a gun into the air to celebrate. James Arnez Barrow-Heidt, 20, of . The reporting under subdivision (b)(2)(B)(i) of this section shall be made within thirty (30) days after the date the notice of the application was sent by the department. Should the Governor proclaim a state of insurrection or emergency hereunder and in the event the local courts or law enforcement officers are incapable of functioning, such legal functions in furtherance of the enforcement of the civil laws of the state shall be performed by the militia. HISTORY: Acts 1975, No. Costs for processing a new background check shall be paid by the applicant. "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap; "Handgun" means any firearm with a barrel length of less than twelve inches (12'') that is designed, made, or adapted to be fired with one (1) hand; and, "Journey" means travel beyond the county in which a person lives; and. Except as provided in subdivision (f)(1) of this section, the licensee may renew his or her license no more than ninety (90) days prior to the expiration date by submitting to the Department of Arkansas State Police: A renewal form prescribed by the department; A verified statement that the licensee remains qualified pursuant to the criteria specified in 5-73-308(a) and 5-73-309; A renewal fee of twenty-five dollars ($25.00); A certification or training form properly completed by the licensee's training instructor reflecting that the licensee's training was conducted; and. whether its ran wet or dry etc. Misdemeanor offenses are less serious than felony offenses, though both can result in significant criminal penalties. 760, 1. Some crimes go as low as a reckless state of mind. However, furnishing a deadly weapon to a minor is a Class B felony if the deadly weapon is: An explosive or incendiary device, as defined in 5-71-301; A defaced firearm, as described in 5-73-107; or. However, subdivision (2)(A) of this section does not apply to any: Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or.
