Gun laws in Arkansas


Gun laws in Arkansas regulate the sale, possession, and use of firearms and ammunition in the state of Arkansas in the United States.

Summary table


Subject/LawLong gunsHandgunsRelevant StatutesNotes
State permit required to purchase?NoNo
Firearm registration?NoNo
Assault weapon law?NoNo
Magazine Capacity Restriction?NoNo
Owner license required?NoNo
License required for concealed carry?N/AYes5-73-301 - 5-73-320
Shall-Issue. The Arkansas State Police issue and recognize the Arkansas Concealed Handgun Carry License, as do states that have existing reciprocity with Arkansas.
Enhanced concealed carry permits allow for carrying in some forbidden areas such as carrying at public colleges, most public buildings, non-secure locations in an airport, churches, and more.
License required for open carry?NoN/A5-73-120May not open carry with or without license.
State Preemption of local restrictions?YesYes5-73-120
NFA weapons restricted?NoNo5-73-205All NFA items allowed if in compliance with Federal law.
Machine guns may not have ammunition.30 in. or 7.63 mm or bigger unless the gun is registered to an ammunition corporation.
Shall Certify?YesYesShall certify within 15 days. With the enactment of 41F/P on July 13, 2016 the need for "Shall Certify" legislation has essentially been negated.
Peaceable Journey laws?YesYes5-73-120 Weapons are allowed if the person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon. "Journey" is defined as "travel beyond the county in which a person lives." )
Background checks required for private sales?NoNo

In Arkansas, possession or ownership of a firearm is illegal for anyone who has been convicted of a felony, adjudicated to be mentally defective, or committed involuntarily to a mental institution.
Arkansas has state preemption for most firearms laws. However, localities may enact laws regulating the discharge of firearms, or in emergency situations. Local government units and private individuals may not sue firearms manufacturers or dealers for matters relating to the lawful manufacture or distribution of firearms, except in cases of product liability or breach of contract.
Automatic weapons must be registered with the Arkansas secretary of state, in addition to being registered under federal law.
Some counties have adopted Second Amendment sanctuary resolutions.

Open and Concealed Carry

For concealed carry, Arkansas doesn't require CCW permits, the state will issue permits on a "shall issue" basis. Open or concealed carry of firearms is legal. Applicants must pass a background check and complete a training course to receive a new or renewal concealed carry license. An existing license is suspended or revoked if the license holder is arrested for a felony or for any violent act, becomes ineligible due to mental health treatment, or for a number of other reasons. Concealed firearms may not be carried in a courthouse, meeting place of any government entity, athletic event, places of higher education, or in a number of other places.

Act 746

Amended portion Ar statute 5-73-120:
Description of "carrying a weapon" as seen from a legal standpoint. "A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person." The Act's subsections go on to describe the specific circumstances in which one may legally carry that weapon. Though the language in some of Act 746 had created confusion over the legalities of open and concealed carry without a permit with some state officials and law enforcement it has since been amended to correct these confusions and goes on to describe the specific instances and places where it is legal to carry a weapon.
Background on the confusion that surrounded Act 746:
While constitutional gun rights advocates and most law enforcement agencies have tried to argue that Act 746 legalizes open and concealed carry in Arkansas without a permit, Attorney General Dustin McDaniel at the time, issued a non-binding opinion on July 8, 2013 stating that Act 746 applies only to persons who are carrying firearms while "on a journey across or through Arkansas," that open carry remains illegal and that a valid permit is still required for concealed carry for those who are not traveling across Arkansas. In his opinion written to State Senator Eddie Joe Williams, Attorney General McDaniel defined a journey as "travel beyond one's county of residence," but further stated it would be ultimately up to the discretion of law enforcement officials and county prosecutors as to whether or not persons carrying without a valid permit would be arrested and prosecuted.
In August 2015, Attorney General Leslie Rutledge issued a non-binding opinion that open carry is legal while not affecting concealed carry, and that a concealed carry license is still required:
Attorney General Leslie Rutledge has also stated that open carry may generate reasonable suspicion for an officer to stop and briefly detain a person.