CC in City Bldgs - Legal Fight in Ark

[Craig_AR]

Arkansas has a 2-level concealed carry license system. The traditional basic license allows for concealed carry and reciprocity with other states. We also have an Enhanced CHCL which was originally proposed to allow CC on pubic university campuses, but also adds the OK for state capitol building and grounds and some other places. A new law just went into effect adding city municipal buildings to the ECHCL allowed list.
However the City of Little Rock is claiming the adjustment to the law is unconstitutional, and barred a lawyer with ECHCL from entering the Municipal Building.
He is suing:
Gun-toting lawyer sues Little Rock after he's barred from City Hall
Lots to think about here, including the principle of state-preemption, and what constitutes constitutionality in a state constitution.
This could be a fun legal fight to watch, including commentary at the LR Board of Directors.

Craig

 

[Spats McGee]

@Craig_VA brought this to my attention this morning. As an Arkansas resident, this one will be interesting for me to watch. For purposes of this discussion, it's important to know that Arkansas has two different types of Concealed Handgun Carry License. There's the basic CHCL and an Enhanced CHCL, which exempts the holder from the restrictions on carry in certain places. Here is our listing of prohibited places:

Except as permitted under § 5-73-322(g), a license to carry a concealed handgun issued under this subchapter does not authorize a person to carry a concealed handgun into:
(1) Any police station, sheriff's station, or Division of Arkansas State Police station;
(2) An Arkansas Highway Police Division of the Arkansas Department of Transportation facility;
(3)(A) A building of the Arkansas Department of Transportation or onto grounds adjacent to a building of the Arkansas Department of Transportation.
(B) However, subdivision (3)(A) of this section does not apply to:
(i) A rest area or weigh station of the Arkansas Department of Transportation; or
(ii) 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;
(4) Any part of a detention facility, prison, jail, or residential treatment facility owned or operated by the Division of Youth Services, including without limitation a parking lot owned, maintained, or otherwise controlled by:
(A) The Division of Correction;
(B) The Division of Community Correction; or
(C) A residential treatment facility owned or operated by the Division of Youth Services;
(5) Any courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings or housing a county office unless:
(A) The licensee is:
(i) Employed by the county;
(ii) A countywide elected official;
(iii) A justice of the peace; or
(iv)(a) 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.
(b) A licensee is limited to carrying a concealed handgun under subdivision (5)(A)(iv)(a) of this section into the courthouse, courthouse annex, or other building owned, leased, or regularly used by the county for conducting court proceedings or housing a county office where the office or place of employment of the governmental entity that employs him or her is located;
(B) The licensee's principal place of employment is within 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; and
(C) The quorum court by ordinance approves a plan that allows licensees permitted under this subdivision (5) to carry a concealed handgun into the courthouse, courthouse annex, or other building owned, leased, or regularly used by a county for conducting court proceedings as set out by the local security and emergency preparedness plan;
(6)(A) Any courtroom.
(B) However, nothing in this subchapter precludes a judge from carrying a concealed weapon or determining who will carry a concealed weapon into his or her courtroom;
(7) Any meeting place of the governing body of any governmental entity;
(8) Any meeting of the General Assembly or a committee of the General Assembly;
(9) Any state office;
(10) Any athletic event not related to firearms;
(11)(A) A portion of an establishment, except a restaurant as defined in § 3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises.
(B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;
(12)(A) A portion of an establishment, except a restaurant as defined in § 3-5-1202, where beer or light wine is consumed on the premises.
(B) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter an establishment under this section if the establishment either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;
(13)(A) A school, college, community college, or university campus building or event.
(B) However, subdivision (13)(A) of this section does not apply to:
(i) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that:
(a) Is located on the developed property of the kindergarten through grade twelve (K-12) private school;
(b) Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and
(c) Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under § 5-73-119(e);
(ii) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school;
(iii) Participation in an authorized firearms-related activity;
(iv) Carrying a concealed handgun as authorized under § 5-73-322; or
(v) A publicly owned and maintained parking lot of a college, community college, or university 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;
(14) 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;
(15)(A) Any church or other place of worship.
(B) 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.
(C) A person with a concealed carry endorsement under § 5-73-322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location;
(16) Any place where the carrying of a firearm is prohibited by federal law;
(17) Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration;
(18)(A)(i) Any place at the discretion of the person or entity exercising control over the physical location of the place by placing at each entrance to the place a written notice clearly readable at a distance of not less than ten feet (10′) that “carrying a handgun is prohibited”.
(ii)(a) If the place does not have a roadway entrance, there shall be a written notice placed anywhere upon the premises of the place.
(b) In addition to the requirement of subdivision (18)(A)(ii)(a) of this section, there shall be at least one (1) written notice posted within every three (3) acres of a place with no roadway entrance.
(iii) A written notice as described in subdivision (18)(A)(i) of this section is not required for a private home.
(iv) Any licensee entering a private home shall notify the occupant that the licensee is carrying a concealed handgun.
(B) Subdivision (18)(A) of this section does not apply if the place is:
(i) 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;
(ii) 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;
(iii) A parking lot of a private employer and the person is carrying a handgun as provided under § 11-5-117; or
(iv) A place owned, controlled, or operated by a local unit of government as defined in § 14-16-504 if the licensee is carrying a concealed handgun as provided under § 5-73-322(g) and (h), unless the place is listed in § 5-73-122(a)(3)(D)(i)-(iv) or the place is a part of a building licensed to dispense alcoholic beverages for consumption on the premises.
(C) The person or entity exercising control over the physical location of a place that does not use his, her, or its authority under this subdivision (18) to prohibit a person from possessing a concealed handgun is immune from a claim for monetary damages arising from or related to the decision not to place at each entrance to the place a written notice under this subdivision (18);
(19)(A)(i) A place owned or operated by a private entity that prohibits the carrying of a concealed handgun that posts a written notice as described under subdivision (18)(A) of this section.
(ii)(a) A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited.
(b) A licensee who receives written or verbal notification under subdivision (19)(A)(ii)(a) of this section is deemed to have violated this subdivision (19) if the licensee while carrying a concealed handgun either remains at or returns to the place owned or operated by the private entity.
(B) A place owned or operated by a private entity under this subdivision (19) includes without limitation:
(i) A private university or private college;
(ii) A church or other place of worship;
(iii) An establishment, except a restaurant as defined in § 3-5-1202, licensed to dispense alcoholic beverages for consumption on the premises; and
(iv) An establishment, except a restaurant as defined in § 3-5-1202, where beer or light wine is consumed on the premises; or
(20) A posted firearm-sensitive area, as approved by the Division of Arkansas State Police under § 5-73-325, located at:
(A) The Arkansas State Hospital;
(B) The University of Arkansas for Medical Sciences; or
(C) A collegiate athletic event.


Ark. Code Ann. § 5-73-306 (West)

Here is the statute which contains the provision for Enhanced CHCLs:

(a)(1) As used in this section, “public university, public college, or community college” means an institution that:
(A) Regularly receives budgetary support from the state government;
(B) Is part of the University of Arkansas or Arkansas State University systems; or
(C) Is required to report to the Arkansas Higher Education Coordinating Board.
(2) “Public university, public college, or community college” includes without limitation a public technical institute.
(3) “Public university, public college, or community college” does not include a private university or private college solely because:
(A) Students attending the private university or private college receive state-supported scholarships; or
(B) The private university or private college voluntarily reports to the board.
(b) A licensee who has completed the training required under subsection (g) of this section may possess a concealed handgun in the buildings and on the grounds of a public university, public college, or community college, whether owned or leased by the public university, public college, or community college, unless otherwise prohibited by this section or § 5-73-306.
(c)(1) A licensee may possess a concealed handgun in the buildings and on the grounds of a private university or private college unless otherwise prohibited by this section or § 5-73-306 if the private university or private college does not adopt a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college.
(2)(A) A private university or private college that adopts a policy expressly disallowing the carrying of a concealed handgun in the buildings and on the grounds of the private university or private college shall post notices as described in § 5-73-306(18).
(B) 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)(2)(C) of this section.
(C) If a private university or private college permits carrying a concealed handgun under this section, the private university or private college may revise any sign or notice required to be posted under § 5-73-306(18) to indicate that carrying a concealed handgun under this section is permitted.
(d) The storage of a handgun in a university or college-operated student dormitory or residence hall is prohibited under § 5-73-119(c).
(e)(1) 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 in 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:
(A) At least twenty-four (24) hours' notice is given to participants of the official meeting;
(B) 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
(C) The area of a building prohibited under this subdivision (e)(1) is no larger than necessary to complete the grievance or disciplinary meeting.
(2) A person who knowingly violates subdivision (e)(1) of this section upon conviction is guilty of:
(A) A violation for a first offense and subject to a fine not exceeding one hundred dollars ($100); and
(B) A Class C misdemeanor for a second or subsequent offense.
(f) This section does not affect a licensee's ability to store a concealed handgun in his or her vehicle under § 5-73-306(13)(B)(v).
(g)(1) 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 Division of Arkansas State Police.
(2)(A) Training required under this subsection shall:
(i) Not be required to be renewed;
(ii) Consist of a course of up to eight (8) hours;
(iii) Be offered at the training instructor's option at concealed carry training courses; and
(iv) Cost no more than a nominal amount.
(B) The director may waive up to four (4) hours of the training required under this subsection for a licensee based on the licensee's prior training attended within ten (10) years of applying for the endorsement provided for under subdivision (g)(3) of this section on appropriate topics.
(3) A licensee who completes a training course under this subsection shall be given a concealed carry endorsement by the Division of Arkansas State Police on his or her license to carry a concealed handgun indicating that the person is permitted to possess and carry a concealed handgun in the buildings and on the grounds of a public university, public college, or community college.
(h) A licensee who completes a training course and obtains a concealed carry endorsement under subsection (g) of this section is exempted from the prohibitions and restrictions on:
(1) Carrying a firearm in a publicly owned building or facility under § 5-73-122, if the firearm is a concealed handgun; and
(2) 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).
(i) The division shall maintain a list of licensees who have successfully completed a training course under subsection (g) of this section.
(j)(1) Unless possession of a concealed handgun is a requirement of a licensee's job description, the possession of a concealed handgun under this section is a personal choice made by the licensee and not a requirement of the employing public university, public college, or community college.
(2) A licensee who possesses a concealed handgun in the buildings and on the grounds of a public university, public college, or community college at which the licensee is employed is not:
(A) Acting in the course of or scope of his or her employment when possessing or using a concealed handgun;
(B) Entitled to worker's compensation benefits for injuries arising from his or her own negligent acts in possessing or using a concealed handgun;
(C) Immune from personal liability with respect to possession or use of a concealed handgun; or
(D) Permitted to carry a concealed handgun openly or in any other manner in which the concealed handgun is visible to ordinary observation.
(3) A public university, public college, or community college is immune from a claim for monetary damages arising from or related to a licensee's use of, or failure to use, a concealed handgun if the licensee elects to possess a concealed handgun under this section.


Ark. Code Ann. § 5-73-322 (West)

It would appear that the City of Little Rock has taken the position that it can ban the carrying of weapons in its building, state law notwithstanding.

#grabthepopcorn

 

[Speedo66]

What is the requirement for eligibility for the enhanced permit?

 

[Spats McGee]

What is the requirement for eligibility for the enhanced permit?

Probably the simplest way to read about it is to go here: https://www.dps.arkansas.gov/wp-con...n_carry_license_rules_effective_6-25-2018.pdf

Basic CHCL requirements are set out at Ark. Code Ann. 5-73-309, which I quoted above.

The Director of the Division of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant:
(1) Is a citizen of the United States or a permanent legal resident;
(2)(A) Is a resident of the state and has been a resident continuously for ninety (90) days or longer immediately preceding the filing of the application.
(B) However, subdivision (2)(A) of this section does not apply to any:
(i) Active duty member of the United States Armed Forces who submits documentation of his or her active duty status; or
(ii) Spouse of an active duty member of the United States Armed Forces who submits documentation of his or her spouse's active duty status;
(3) Is at least:
(A) Twenty-one (21) years of age; or
(B) Eighteen (18) years of age and is:
(i) Currently a federally recognized commissioned or noncommissioned officer or an enlisted member on active duty in the United States Armed Forces;
(ii) In the National Guard or a reserve component of the United States Armed Forces; or
(iii) A former member of the United States Armed Forces who has been honorably discharged;
(4) Does not suffer from a mental or physical infirmity that prevents the safe handling of a handgun and has not threatened or attempted suicide;
(5) Has not been convicted of a felony in a court of this state, of any other state, or of the United States unless:
(A) The applicant is subsequently granted a pardon by the Governor or the President of the United States explicitly restoring his or her ability to possess a firearm;
(B) The applicant was sentenced prior to March 13, 1995, and the record of conviction has been sealed or expunged under Arkansas law; or
(C) The applicant's offense was dismissed and sealed or expunged under § 16-93-301 et seq. or § 16-98-303(g);
(6) Is not subject to any federal, state, or local law that makes it unlawful to receive, possess, or transport any firearm, and has had his or her background check successfully completed through the Division of Arkansas State Police and the Federal Bureau of Investigation's National Instant Criminal Background Check System;
(7)(A) Does not chronically or habitually abuse a controlled substance to the extent that his or her normal faculties are impaired.
(B) It is presumed that an applicant chronically and habitually uses a controlled substance to the extent that his or her faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or has been found guilty of a crime under the provisions of the Uniform Controlled Substances Act, § 5-64-101 et seq., or a similar law of any other state or the United States relating to a controlled substance within the three-year period immediately preceding the date on which the application is submitted;
(8)(A) Does not chronically or habitually use an alcoholic beverage to the extent that his or her normal faculties are impaired.
(B) 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;
(9) Desires a legal means to carry a concealed handgun to defend himself or herself;
(10) Has not been adjudicated mentally incompetent;
(11)(A) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility.
(B) An applicant who is a veteran who voluntarily sought mental health treatment at a mental health institution or mental health treatment facility may obtain a license under this subchapter if a circuit court grants his or her petition under § 5-73-327;
(12) Is not a fugitive from justice or does not have an active warrant for his or her arrest;
(13) Has satisfactorily completed a training course as prescribed and approved by the director; and
(14) Signs a statement of allegiance to the United States Constitution and the Arkansas Constitution.

Ark. Code Ann. § 5-73-309 (West)

Basically, if you can pass a NICS check, and the training class, outlined in the linked pdf above, and want to carry a gun for self-defense, you shall get a CHCL. Here are the administrative rules on the basic CHCL training requirements:

Rule 13.0 Training requirements upon initial application (a) A person shall, prior to submitting an initial application for a concealed handgun carry license, successfully complete a Department approved firearm safety training program. The training must be conducted and attested to by a registered Firearms Safety Training Instructor as defined in these Rules. The program shall consist of a minimum of five (5) hours of instruction on the following topics:
(1) Administrative matters, including the application process and explanation of criteria for passing the course;
(2) Avoiding victimization;
(3) Laws regarding use of a handgun;
(4) Arkansas Concealed Handgun Carry Licensing laws and Rules;
(5) Encounters with law enforcement;
(6) Inspection of the handgun;
(7) Types of handguns;
(8) Ammunition;
(9) Cleaning and storage of a handgun;
(10) Carrying “concealed;”
(11) Classroom preparation for range instruction.
(b) The required training for an initial license may be completed at any time within six (6) months prior to the Department’s receipt of a properly completed application packet.
(c) The applicant must successfully demonstrate proficiency with the use of a handgun on the firing range by “live-fire.”
(d) An instructor may not provide his or her own training certification for his or her own Arkansas concealed handgun carry license initial application.
(e) A valid, current firearm safety training instructor registration issued by the Department may be substituted as the training requirement for an initial concealed handgun carry license.

Enhanced CHCL:

Individuals who hold a Concealed Handgun Carry License from another state (want to transfer the license to Arkansas and obtain an Arkansas Enhanced Concealed Handgun Carry License) would:
1. Locate an instructor to teach the Enhanced Concealed Handgun Carry License class;
2. Take the basic and the enhanced training course (approximately eight (8) hours of instruction and live-fire proficiency qualification).
3. After successful completion of the courses the instructor will provide the applicant with a completed basic Concealed Handgun Carry License training certificates and an Enhanced Concealed Handgun Carry License training certificate (two separate training certificates);
4. (Online applications) Complete the Transfer application (on-line) and receive a confirmation number and Fingerprint submission form. Take form (with confirmation number and name) to a fingerprint harvester and the harvester will electronically send your fingerprint scans to the AFIS section..... [then a bunch of stuff about where to mail things and how to pay]

 

[Craig_AR]

What is the requirement for eligibility for the enhanced permit?

@Spats McGee showed you the details.
Short answer: if you are hold an Arkansas CHCL, you are eligible for an Enhanced CHCL. To get one you have to complete a second ECHCL training class, which includes a specific (pretty easy) 50 round courses of fire. The basic CHCL class requires live fire, but the course of fire is up to the instructor. As one high experience instructor told me, you have to have a bullet exit the barrel.
An out-of-state CCP or CHCL does not qualify you for an Arkansas ECHCL.

Craig

 

[Craig_AR]

#grabthepopcorn Round Two
The same lawyer has opened a new lawsuit, this one against the Arkansas Game & Fish Commission, for banning ECHCL carry at their gun range, His argument here looks to me (IANAL!) even stronger than his City Hall suit, because he points to a May 2019 legal opinion from the state Attorney General specifically addressing the issue.
The validity of such a legal opinion seems to be accepted under Arkansas law, given that is how we have Constitutional Carry here.
The details are found in a new (8/17/21) news article:
Denied target-range entry, Conway lawyer's lawsuit states

 

[Spats McGee]

I've read both of the Complaints here. It's worth noting that these are not Second Amendment cases, technically. They are RKBA cases, but not 2A cases. They were filed under the Arkansas Constitution, Article 2, Section 5, which is our RKBA clause. It reads as follows:

The citizens of this State shall have the right to keep and bear arms, for their common defense. Ark. Const. art. II, § 5

My guess is that the attorney didn't want this to be removed to federal court, and I say that because he avoided pleading federal law. He mentions it, but doesn't plead it.

I tried to attach both Complaints, but the one against AGFC was just too large. So here's the one against the City of Little Rock.