unlawful discharge of a firearm arkansas

A deputy prosecuting attorney who is duly appointed in any county of a judicial district shall, with the prosecuting attorney's consent, have the authority to perform all official acts as a deputy prosecuting attorney in all counties within the district. 186, 3. 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. 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. /Widths 8 0 R Such emergency ordinance shall not be effective for a period of more than twenty (20) days and shall be enacted by a two-thirds (2/3) majority of the governing body. The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon. 280, 3109; A.S.A., 1947, 41-3109; Acts 1994 (2nd Ex. Hawaii On top of jail or prison time, a conviction can result in firearm restrictions. Except as otherwise provided in this section, any person who carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor. Training required under this subsection shall: Consist of a course of up to eight (8) hours; Be offered by all training instructors and at all concealed carry training courses; and. 11 0 obj 781, 1-3. 681, 1. 585, 1; 2003, No. 1994, 260; 2007, No. (a) (1) A person commits unlawful discharge of a firearm from a vehicle in the first degree if he or she knowingly discharges a firearm from a vehicle and by the discharge of the firearm causes death or serious physical /Subtype /TrueType As used in this section, "suburban improvement district" means a suburban improvement district which includes as one of its purposes for organization the construction or maintenance of roads or streets and which is governed by 14-92-201 et seq. Ohio (b)(1)A person commits unlawful discharge of a firearm from a vehicle in the second [500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 278 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500 500] However, this subsection does not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds; For the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the publicly owned building or facility or State Capitol grounds; If necessary to participate in a trade show, exhibit, or educational course conducted in the publicly owned building or facility or on the State Capitol grounds; If the person has a license to carry a concealed handgun under 5-73-301 et seq.and is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in a publicly owned and maintained parking lot. A publicly owned and maintained parking lot that is a publicly accessible parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle in the publicly owned and maintained parking lot; Any part of a detention facility, prison, jail, An off-duty law enforcement officer may not carry a firearm into a courtroom if the off-duty law enforcement officer is a party to or a witness in a civil or criminal matter unless the law provides otherwise, including without limitation a parking lot owned, maintained, or otherwise controlled by: A residential treatment facility owned or operated by the Division of Youth Services of the Department of Human Services; Any courthouse, courthouse annex or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county officeunless: Employed by a governmental entity other than the county with an office or place of employment inside the courthouse, the courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office. This means that discharging a weapon from within a vehicle may be charged as a felony or as a misdemeanor. Upon filing the petition, the prosecuting attorney for the judicial district may also seek such protective orders as are necessary to prevent the transfer, encumbrance, or other disposal of any property named in the petition. 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. North Carolina A public display authorized by a public or private school. Subdivision (19)(A) of this section does not apply if the place 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; A publicly owned and maintained parking lot if the licensee is carrying a concealed handgun in his or her motor vehicle or has left the concealed handgun in his or her locked and unattended motor vehicle; or, A parking lot of a private employer and the licensee is carrying a concealed handgun as provided under 5-73-324. endobj 165, 1. 631, 2; 2009, No. Records of the number of undercover officers and agency lists are not exempt from this chapter; Records containing measures, procedures, instructions, or related data used to cause a computer or a computer system or network, including telecommunication networks or applications thereon, to perform security functions, including, but not limited to, passwords, personal identification numbers, transaction authorization mechanisms, and other means of preventing access to computers, computer systems or networks, or any data residing therein; Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy; Personal contact information, including without limitation home or mobile telephone numbers, personal email addresses, and home addresses of nonelected state employees, nonelected municipal employees, nonelected school employees, and nonelected county employees contained in employer records, except that the custodian of the records shall verify an employee's city or county of residence or address on record upon request; Materials, information, examinations, and answers to examinations utilized by boards and commissions for purposes of testing applicants for licensure by state boards or commissions; Military service discharge records or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder as provided under 14-2-102, for veterans discharged from service less than seventy (70) years from the current date; Vulnerability assessments submitted by a public water system on or before June 30, 2004, to the Administrator of the United States Environmental Protection Agency for a period of ten (10) years from the date of submission; Records, including analyses, investigations, studies, reports, or recommendations, containing information relating to any Department of Human Services risk or security assessment, known or suspected security vulnerability, or safeguard related to compliance with the Health Insurance Portability and Accountability Act of 1996 or protection of other confidential department information. 760, 1. 2019, No. 92, 1; 1997, No. This section does not apply if the person uses, possesses, makes, repairs, sells, or otherwise deals in an item described in this section that is in compliance with the National Firearms Act, 26 U.S.C. "Knife" means any bladed hand instrument three inches (3") or longer that is capable of inflicting serious physical injury or death by cutting or stabbing. 61, 1. A person commits the offense of possession of a defaced firearm if he or she knowingly possesses a firearm with a manufacturer's serial number or other identification mark required by law that has been removed, defaced, marred, altered, or destroyed. Your 419, 1; 2015, No. It is unlawful to discharge a firearm from or across any sidewalk, highway or on public land. Should you be charged with a felony, in some cases, an attorney may be able to negotiate lesser charges for your case. 419, 2; 2007, No. 758, 1; 2013 No. & 431, 2. Projectiles from any of these weapons have the serious potential for causing bodily harm or property damage. Carrying a concealed handgun in a prohibited place listed under 5-73-306(7)-(12), (14), (15), and (17), unless otherwise prohibited under 5-73-306(19) or 5-73-306(20). 545, 3; 2007, 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. It is a defense to prosecution under this subsection if at the time of the receiving or possessing the explosive material the person was acting within the scope of his or her employment with a business authorized to use explosive material. Failure to furnish access to premises by any law enforcement officer or any authorized Alcoholic Beverage Control Division personnel or failure to cooperate or take reasonable action to assist any such law enforcement officers or authorized division personnel who are on the permitted premises in the performance of their duties; Failure to allow inspection of books or records; Manufacture or possession of controlled beverage with excess alcoholic content; Sale by a manufacturer to other than a wholesaler. A felony conviction can result in prison sentences of five years or more, along with fines and restitution orders. 1947, 41-509; Acts 2003, No. 1220, 3; 2015, No. Stay up-to-date with how the law affects your life. Ohio A private employer shall not prohibit an employee who is a licensee from transporting or storing a legally owned handgun in the employee's private motor vehicle in the private employer's parking lot when: Is stored out of sight inside a locked private motor vehicle in the private employer's parking lot; and. 1947, 41-3168 -- 41-3170; Acts 1993, No. and consent of the owner, to facilitate a violation of this section is subject to For this reason, it is extremely important to check and double check to ensure a weapon is unloaded prior to using it in the above listed manners. 545, 2; 2005, No. Acting at the direction of a law enforcement officer. This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. 921 et seq. 1239, 11; 2003, No. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. << Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. The penalty for an accidental discharge may be enhanced under certain circumstances. A person who violates subsection (a) of this section is subject in an action brought by the city attorney or prosecuting attorney to a civil penalty of not more than one thousand dollars ($1,000) for each violation. It is unlawful to possess a loaded center-fire weapon, other than a shotgun and other than in a residence or business of the owner, in the following areas: That part bounded on the south by Highway 178, on the west and north by Bull Shoals Lake, and on the east by the Central Electric Power Corporation transmission line from Howard Creek to Highway 178; That part of Bidwell Point lying south of the east-west road which crosses Highway 101 at the Presbyterian Church; That part of Bidwell Point lying west of Bennett's Bayou and north of the east-west road which crosses Highway 101 at the Presbyterian Church; County Road 139 and Lake Norfork to the north and west; County Road 151 and Lake Norfork to the north, west, and south in the Diamond Bay area; The Bluff Road and Lake Norfork to the west; John Lewis Road (Timber Lake Manor) and Lake Norfork to the west and south; The south end of County Road 91 south of its intersection with John Lewis Road and Lake Norfork to the south and east; and. 339, 1; 2011, No. A firearms instructor certified by the Arkansas Commission on Law Enforcement Standards and Training who is employed by any law enforcement agency in this state may certify or recertify 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. A former employee who possesses a handgun in his or her private motor vehicle under this section is not criminally liable for possessing the handgun in his or her private motor vehicle in his or her former private employer's parking lot while the former employee is physically leaving the private employer's parking lot immediately following his or her termination or other reason for ceasing employment with the former private employer. << The provisions of this section do not apply to any: Peace officer while engaged in the discharge of his or her official duties; or. Accidental discharge of a firearm penalty may include a misdemeanor or a felony conviction, depending on the circumstances, including the degree of negligence exercised by the firearm user. "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. /FontName /TimesNewRomanPSMT Jennifers favorite part of legal work is research and writing. 1239, 6, 12; 1999, No. Property Law, Personal Injury "Unborn child" means the offspring of human beings from conception until birth. 53-61 Assault in the third degree: All rights reserved. The threat of any bodily impact, restraint, or confinement; "Unlawful physical force" means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and. WebSECTION 2. Costs for processing a new background check shall be paid by the applicant. "Private seller" means a person other than a licensed dealer who sells or offers for sale a firearm or ammunition. As used in this section, "facility" means a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property. >> If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly supported institution of higher education to be in physical possession of a valid identification identifying the person as a law enforcement officer; The person is on a journey beyond the county in which the person lives, unless the person is eighteen (18) years of age or less; The person is participating in a certified hunting safety course sponsored by the commission or a firearm safety course recognized and approved by the commission or by a state or national nonprofit organization qualified and experienced in firearm safety; The person is participating in a school-approved educational course or sporting activity involving the use of firearms; or. Commission or attempted commission of theft or criminal mischief; or. or 5-73-201 et seq., if the state proves that the offense was committed upon the property of a public school or in or upon any school bus; or. Additionally, a licensee who fails to file a renewal application on or before the expiration date shall renew his or her license by paying a late fee of fifteen dollars ($15.00). The sheriff of the applicant's county of residence and, if applicable, the police chief of the applicant's municipality of residence may participate, at his or her discretion, in the process by submitting a voluntary report to the department containing any readily discoverable information that he or she feels may be pertinent to the licensing of any applicant. If a license to carry a concealed handgun is lost or destroyed, or a duplicate is requested, the person to whom the license to carry a concealed handgun was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or replacement license upon: Paying the Department of Arkansas State Police of a fee established by the director under the Arkansas Administrative Procedure Act, 25-15-201 et seq. 280, 3101; A.S.A. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 472, 3, 4, 5, No. 42, 1; Acts 2019, No.
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