HISTORY: Acts 1993, No. Title: Second Amendment; allowing certain detention or arrest. South Carolina 368, 1; 1997, No. Lawfully present in the United States in cooperation with the Director of the Central Intelligence Agency, and the receipt or possession of the explosive material is in furtherance of the cooperation; Unlawful receipt or possession of explosive material is a Class C felony. 731, 1; 1993, No. HISTORY: Acts 1975, No. 266, 1; 1987, No. A person commits the offense of unlawful procurement of a firearm or ammunition if he or she knowingly: Solicits, persuades, encourages, or entices a licensed dealer or private seller to transfer a firearm or ammunition under unlawful circumstances; or. A person who has been directed by a law enforcement officer to assist in effecting an arrest or in preventing an escape is justified in using deadly physical force if the person reasonably believes the use of deadly physical force is necessary to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of deadly physical force. A person may not use deadly physical force in self-defense if the person knows that he or she can avoid the necessity of using deadly physical force with complete safety: However, a person is not required to retreat if the person is: In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or, A law enforcement officer or a person assisting at the direction of a law enforcement officer; or. 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. The charge for firing a gun within city limits without any justification is charged as Unlawful Discharge of Firearms and is convicted as a class 6 felony. No request to inspect, copy, or obtain copies of public records shall be denied on the ground that information exempt from disclosure is commingled with nonexempt information. Unless the correctional officer knows or reasonably should know that a prisoner is charged with or has been convicted of only a misdemeanor, a correctional officer employed by the Department of Correction or by a private contractor in a correctional facility housing inmates for the department or a city or county correctional officer employed in a correctional facility or jail is justified in using deadly physical force when and to the extent that the correctional officer reasonably believes the use of deadly physical force is necessary to prevent the escape of a prisoner from: Custody of a correctional officer outside a correctional facility for any purpose. The following entities may submit a security plan to the Department of Arkansas State Police for approval that designates certain areas as a firearm-sensitive area where possession of a concealed handgun by a licensee under this subchapter is prohibited: The University of Arkansas for Medical Sciences; and. 1120, 7; 2013, No. A person may sell or offer for sale an imitation firearm if the device is sold solely for purposes of: Export in interstate or foreign commerce; Use in a certified or regulated sporting event or competition; Use in a military or civil defense activity or ceremonial activity; or. Is otherwise capable of incapacitating a person by an electrical charge. Please check official sources. However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General. To lawfully take wildlife during an open season established by the Arizona game and fish commission and subject to the limitations prescribed by title 17 and Arizona game and fish commission rules and orders. In a prosecution for an offense, justification as defined in this subchapter is a defense. Upon the written request of a property owners' association which has a population at least equal to that prescribed for cities of the first class and which is located outside the boundaries of a municipality, a county may by ordinance regulate the discharge of firearms and the shooting of archery equipment within all or any part of the area included in the property owners' association. 1947, 41-3167. Probation and deferred adjudication are usually options for Class A misdemeanor sentences, depending on the facts of a case and a defendant's prior criminal record. Unlawful discharge of firearms; exceptions; classification; definitions A. An active duty member of the armed forces of the United States, a member of the National Guard, or a member of a reserve component of the armed forces of the United States, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the department: Proof of assignment outside of this state on the expiration date of the license; and. 1291, 1; 2011, No. A restricted license, that allows the person to carry any handgun other than a semiautomatic handgun. Puerto Rico The Department of Arkansas State Police shall not promulgate any rule and shall amend any existing rule that would result in a licensee having his or her license to carry a concealed handgun suspended or revoked solely because he or she possessed a handgun and the possession was not in violation of any criminal offense or 5-73-306. HISTORY: Acts 1995, No. "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. Section 2923.161 | Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function. Sess. The Governor is responsible for meeting and mitigating, to the maximum extent possible, dangers to the people and property of the state presented or threatened by disasters. 42, 1; Acts 2019, No. 280, 505; A.S.A. 1017, 1. We don't care if it was a blank or a bullet, discharged is discharged." was what I was told by the local LEOs when I inquired. This subdivision (b)(17) expires on July 1, 2009; Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans containing information relating to security for any public water system or municipally owned utility system. 1947, 41-509; Acts 2003, No. 472, 3, 4, 5, No. Sending a copy of the petition and order to show cause by certified mail, return receipt requested, to each person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas Rules of Civil Procedure if: The property is of a type for which title or registration is required by law; The owner of the property is known in fact to the law enforcement agency at the time of seizure; or. The determination by the jury or court that the person committed a felony does not constitute a conviction for purposes of subsection (a) of this section if the person is subsequently granted a pardon explicitly restoring the ability to possess a firearm. A person conducting an athletic contest who fires blank ammunition toward the sky; 4. 910, 680, No. Any computer hardware or software acquired by an entity subject to 25-19-103(5)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form. 631, 2; 2009, No. This subchapter may be cited as the "Uniform Machine Gun Act". Any material classified as an explosive other than consumer fireworks, 1.4 (Class C, Common), by the hazardous materials regulations of the United States Department of Transportation; "Instrument of crime" means anything manifestly designed, made, adapted, or commonly used for a criminal purpose; "Minor" means any person under eighteen (18) years of age; and. Feb 20, 2013 #6 General Zod TGT Addict. 1175, 1, No. Florida The prosecutor charged our client with a class 6 felony dangerous. Last Action: Second Reading referred to Public Safety, Proposed Federal Firearm Gun Legislation: 1135, terms | privacy notice | business log in | business terms of service. Otherwise the department shall approve or disapprove a security plan within ten (10) business days. 168, 1; 2013, No. If the person has completed the required training and received a concealed carry endorsement under 5-73-322(g) and the place is not a: A courtroom or the location of an administrative hearing conducted by a state agency, except as permitted by 5-73-306(5) or 5-73-306(6); A public school kindergarten through grade twelve (K-12), a public prekindergarten, or a public daycare facility, except as permitted under subdivision (a)(3)(C) of this section; or, A facility operated by the Division of Correction or the Division of Community Correction; or. 1110, 1; 2007, No. 0 0 0. Possession of stolen explosive material is a Class C felony. Montana 1290, 86; 2009, No. Idaho Criminal distribution of explosive material is a Class C felony. The firearm was manufactured prior to January 1, 1968. The department shall maintain a list of licensees who have successfully completed a training course under subsection (g) of this section. The proceeds of any sale and any moneys forfeited shall be applied to the payment of: The balance due on any lien preserved by the circuit court in the forfeiture proceedings; The cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property; The costs incurred by the prosecuting attorney or attorney for the law enforcement agency, approved by the prosecuting attorney, to which the property is forfeited; and. (a) It shall be unlawful to target practice with a firearm without the express written consent of the owner of the property, either public or private, where such target practice occurs. An applicant whose request for certification is denied may appeal the denial to the circuit court where the applicant resides. "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and, Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or. ); Any combination of parts either designed or intended for use in converting any device into a destructive device as defined in subdivision (3)(A) of this section and from which a destructive device may be readily assembled for use as a weapon; "Detonator" means any device containing any initiating or primary explosive that is used for initiating detonation. A person commits the offense of furnishing a prohibited weapon to a felon if he or she sells, barters, leases, gives, rents, or otherwise furnishes: A defaced firearm, as described in 5-73-107; or. Discharging a Firearm in Public (Misdemeanor): A fine of up to $1,000 and either 1 year in jail or 12 months on probation; Discharging a Firearm in Public (Felony): A fine of up to $5,000 and either 5 years in prison or 5 years on probation. However, the pregnant woman is not obligated to retreat or surrender possession of property as described in 5-2-607(b) unless the pregnant woman knows she can avoid the necessity of using deadly physical force and simultaneously ensure the complete safety of her unborn child. Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge. HISTORY: Acts 1975, No. 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. 1071, 2; Act. As used herein, "immediate" means the brief interval before and after the local law enforcement agency, when reasonably possible, has been notified of the danger and before the arrival of said agency's assistance. 487, 2; 2003, No. 1239, 2; 2003, No. Upon the written request of the governing body of a suburban improvement district, a county may by ordinance regulate the discharge of firearms and the shooting of archery equipment within all or any part of the suburban improvement district. This is serious. 419, 8, Acts 2019, No. ; The machine gun is being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative that the machine gun is registered to; and. 989, 2; 2017, No. HISTORY: Acts 1995, No. 1947, 41-3104; Acts 1993, No. Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force. 880, 1; A.S.A. North Carolina 827, 100. 472, 2.
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