Can someone with an enhanced concealed-carry license bring a handgun into a city park or state office building in Arkansas?

Plain-English summary

Senator Trent Garner asked the AG about Act 562 of 2017's "publicly owned building or facility exception" for enhanced concealed-carry license holders. Two questions:

1. Does it apply to property owned by a city, county, or municipality?
2. Does it apply to property owned by a state agency, like the Arkansas Game and Fish Commission?

The AG said yes to both, with a layered explanation. The exception works in two parts of the firearms code:

• Section 5-73-122 (criminal prohibition). This is the statute that makes carrying in a "publicly owned building or facility" a Class C misdemeanor. Enhanced-license holders are exempt under § 5-73-322(h)(1), so they cannot be prosecuted for carrying in a city park, state office, or similar public location.
• Section 5-73-306 (location restrictions). This is a longer list of off-limits places (police stations, courthouses, schools, churches, etc.). Enhanced-license holders are exempt from many of these too, under § 5-73-322(h)(2). But not all. Locations that post entryway signs under § 5-73-306(18) can still bar enhanced-license holders. Section 5-73-306(7)-(12), (14), (15), and (17) are exempt only "unless otherwise prohibited" under (19) (private posted properties) or (20) (firearm-sensitive areas).

The practical takeaway:

• Cities and counties can use § 5-73-306(18) to post no-weapons signs at parks, civic centers, and similar property. Those signs bind both traditional and enhanced-license holders. State preemption under § 14-54-1411 prohibits cities from regulating firearms beyond state law, but § 5-73-306(18) is a state-law authorization to post signs.
• State offices (under § 5-73-306(9)) cannot use § 5-73-306(18) to bar enhanced-license holders. The exemption in § 5-73-322(h)(2) is narrower for these locations: only § 5-73-306(19) (private properties) or § 5-73-306(20) (firearm-sensitive areas) can override.
• Compliance timeframe. Act 562 imposes none. The entity does not have to do anything to invoke or comply with the exception. If it wants to post signs, it does so when it wants.

Carrying in violation of § 5-73-306 is not itself a crime, but the license can be suspended or revoked.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: What's the difference between an "enhanced" concealed-carry license and a regular one?
A: Enhanced-license holders complete additional training under § 5-73-322(g) and receive a concealed-carry endorsement. The enhanced license unlocks the § 5-73-122(a)(3)(D) exception for public buildings, plus exemptions from many of the § 5-73-306 prohibited locations.

Q: Can a city pass an ordinance restricting where licensed people can carry?
A: Generally no. Section 14-54-1411(b)(1)(A) preempts local firearm regulation "except as otherwise provided in state or federal law." But that does not stop a city from posting a § 5-73-306(18) entryway sign, because that signage authority is itself state law.

Q: What if I see a no-weapons sign at a state office?
A: Under this opinion's analysis, a § 5-73-306(18) sign cannot bar enhanced-license holders from a "state office" because that location is not one of the categories enhanced holders are subject to under (h)(2). The sign would still bind traditional-license holders. Practical advice: enhanced-license holders should still respect signs because (a) license suspension is on the line if the location turns out to fall under § 5-73-306(19) or (20), and (b) refusing to leave despite a posted notice and verbal request can support a criminal trespass charge under § 5-39-203.

Q: What about courthouses and schools?
A: Different category. Section 5-73-322(h)(2) does not exempt § 5-73-306(1)-(6), (13), (16), (18), (19), or (20) at all. So courthouses (5), courtrooms (6), school buildings (13), federal-prohibited places (16), and posted firearm-sensitive areas (20) remain off-limits even for enhanced-license holders. The K-12 carve-out in § 5-73-122(a)(3)(D)(ii) explicitly keeps schools off-limits under the criminal statute too.

Q: When did Act 562 take effect?
A: 2017. By the time of this opinion (May 2019), the law had been operating for about two years. The opinion was answering interpretation questions that had accumulated.

Background and statutory framework

Two parallel firearms statutes interact. Section 5-73-122 imposes criminal liability for carrying in a "publicly owned building or facility." Section 5-73-306 lists places where carrying a concealed handgun is "prohibited" but does not impose criminal penalties; instead, violations risk license suspension or revocation under Ark. Admin. Code 130.00.8-7.0.

Act 562 of 2017 created the enhanced concealed-carry license. The relevant subsections, §§ 5-73-322(g) and 5-73-322(h), exempt enhanced-license holders from §§ 5-73-122 and 5-73-306 in specific ways.

Section 5-73-322(h)(2) carves out exemptions from several § 5-73-306 categories with one important caveat. The exception clause omits § 5-73-306(18) (entryway-sign authority for "any place"), so a public entity that posts a § 5-73-306(18) sign at a park or civic center can still effectively prohibit enhanced-license holders from carrying there.

The state-preemption statute, § 14-54-1411(b)(1)(A), bars local governments from regulating firearms "except as otherwise provided in state or federal law." Posting a sign under § 5-73-306(18) is "otherwise provided in state... law," so it survives preemption.

The standard rules of statutory construction apply. MacSteel Div. of Quanex v. Ark. Okla. Gas Corp., 363 Ark. 22 (2005), supplied the rule that statutes are read to give effect to every word, with plain meaning controlling.

Citations

• Ark. Code Ann. §§ 5-73-122, 5-73-306, 5-73-322 (handgun carry framework)
• Ark. Code Ann. § 5-73-122(a)(3)(D), (a)(4), (c) (publicly owned building rule, definition, penalty)
• Ark. Code Ann. §§ 5-73-306(7)-(20) (location prohibitions)
• Ark. Code Ann. §§ 5-73-322(g), (h)(1), (h)(2) (enhanced-license exemptions)
• Ark. Code Ann. § 5-73-325 (firearm-sensitive area approval)
• Ark. Code Ann. § 14-54-1411(b)(1)(A) (state preemption of local firearm regulation)
• Ark. Code Ann. § 20-24-118(b) (definition of "publicly owned building")
• Ark. Code Ann. § 5-39-203 (criminal trespass)
• Ark. Admin. Code 130.00.8-7.0 (license suspension/revocation)
• MacSteel Div. of Quanex v. Ark. Okla. Gas Corp., 363 Ark. 22, 210 S.W.3d 878 (2005)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2018-079
May 10, 2019

The Honorable Trent Garner
State Senator
P.O. Box 11135
El Dorado, AR 71730

Dear Senator Garner:

This is in response to your request for an opinion concerning the applicability of Act 562 of 2017's "publicly owned building or facility exception" exception for enhanced concealed handgun carry license holders. In this regard, you have asked the following questions:

1) Does the publicly owned building or facility exception allowed under Act 562 of 2017 for enhanced carry license holders apply to a building, park, or location owned by a city, municipality, or county that is paid for with public funds? In what timeframe must they comply with the law?

2) Does the publicly owned building or facility exception allowed under Act 562 of 2017 for enhanced carry license holders apply to a building, park, or location owned by a state agency, such as the Arkansas Game and Fish Commission, that is paid for with public funds? In what timeframe must they comply with the law?

RESPONSE

The answer to your first question is "Yes," insofar as Ark. Code Ann. § 5-73-322(h)(1) (Supp. 2017) allows those with an enhanced license to carry a concealed handgun into locations or property owned by cities, counties, or municipalities without incurring criminal liability under Ark. Code Ann. § 5-73-122 (Supp. 2017). However, cities and counties may still prohibit the concealed carrying of handguns by posting an entryway sign as provided for in Ark. Code Ann. § 5-73-306(18) (Supp. 2017). In regard to the last part of your question, Act 562 does not impose any particular requirements on these entities.

The answer to your second question is "Yes," insofar as section 5-73-322(h)(1) allows those with an enhanced license to carry a concealed handgun into locations or property owned by the state without incurring criminal liability under section 5-73-122. In regard to the last part of your question, Act 562 does not impose any particular requirements on these entities.

DISCUSSION

To answer your questions, some background is necessary. As relevant for purposes of this opinion, section 5-73-122 makes it unlawful, with certain exceptions, for individuals to "knowingly carry or possess a loaded firearm ... in any publicly owned building or facility or on the State Capitol grounds." Section 5-73-122 does not define "publicly owned building," but the term is defined elsewhere in Arkansas law as "those buildings which are owned or operated by a municipal, county, or state government." Section 5-73-122(a)(4) defines "facility" as "a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property." Carrying a firearm in violation of section 5-73-122 is a Class C misdemeanor. This prohibition applies even if the person is a traditional concealed-carry license holder.

Section 5-73-122 lists several exceptions to this general prohibition. As relevant here, section 5-73-122(a)(3)(D) provides that the general prohibition against carrying in a "publicly owned building or facility" does not apply "[i]f the person has completed the required training and received a concealed-carry endorsement under section 5-73-322(g) and the place is not" one of several specific locations listed therein. Section 5-73-322(g) establishes Arkansas's enhanced concealed-carry license regime. Thus, enhanced license holders are generally exempt from section 5-73-122's prohibition against carrying a firearm in a "publicly owned building or facility," subject to the restrictions in that section. I understand your question to refer to this provision as the "publicly owned building or facility exception."

However, the carrying of a concealed handgun is further restricted by section 5-73-306. Section 5-73-306 provides for several categories of locations where carrying a concealed handgun, even with a concealed-carry license, is prohibited. This list includes many locations that may fall within the broad definition of "public building or facility." These locations are:

(1) Any police station, sheriff's station, or Department 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;
(4) Any part of a detention facility, prison, or jail, including without limitation a parking lot owned, maintained, or otherwise controlled by the Department of Correction or Department of Community Correction;
(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;
(6)(A) Any 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;
(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;
(13)(A) A school, college, community college, or university campus building or event;
(14) Inside the passenger terminal of any airport;
(15)(A) Any church or other place of worship;
(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";
(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;
(20) A posted firearm-sensitive area, as approved by the Department 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.

An important distinction between sections 5-73-122 and 5-73-306 is that section 5-73-306 does not impose criminal penalties on license holders who carry a concealed handgun into one of the prohibited places listed. However, carrying a concealed handgun in a prohibited place under section 5-73-306 may still lead to suspension or revocation of the license.

As noted above, section 5-73-322(g) establishes the enhanced concealed-carry license regime. Section 5-73-322(h)(1) provides that an enhanced license holder "is exempted from the prohibitions and restrictions on[] [c]arrying a firearm in a publicly owned building or facility under [section] 5-73-122." In other words, it is not a crime for an enhanced license holder to carry in a location simply because it is a "publicly owned building or facility" under section 5-73-122.

Enhanced license holders are further exempted from some of the prohibitions of section 5-73-306. Section 5-73-322(h)(2) exempts enhanced license holders from the prohibition on "[c]arrying a concealed handgun in a prohibited place under section 5-73-306(7)-(12), (14), (15), and (17), unless otherwise prohibited under §§ 5-73-306(19) or 5-73-306(20)." In other words, an enhanced license holder is not prohibited from carrying in the locations itemized in section 5-73-306(7)-(12), (14), (15), and (17) unless those locations are independently prohibited by section 5-73-306(19), which allows private locations to prohibit concealed weapons by posting entryway signs or providing verbal or written notice to a license holder, or are a firearms-sensitive area under section 5-73-306(20).

Importantly, the exception clause of section 5-73-322(h)(2) omits section 5-73-306(18), which allows "the person or entity exercising control over" "[a]ny place" to post "no weapons" signs, as an option for prohibiting enhanced license holders from carrying in the otherwise exempted locations of section 5-73-322(h)(2). The effect of this provision is that the owners or operators of locations exempted under section 5-73-322(h)(2), those in section 5-73-306(7)-(12), (14), (15), and (17), may only cause that location to be a prohibited location for purposes of section 5-73-306 if that location is privately owned or operated.

For illustrative purposes, one category of exempted locations under section 5-73-322(h)(2) is "state offices" under section 5-73-306(9), which are all publicly owned or operated by the state government. Section 5-73-322(h)(1) exempts enhanced license holders from criminal penalties for carrying in a "state office." Section 5-73-322(h)(2) exempts enhanced license holders from the prohibition of section 5-73-306(9), unless that location would otherwise be prohibited under section 5-73-306(19), unlikely, as that requires the location to be "owned or operated by a private entity," as opposed to the state, or a firearms-sensitive area under section 5-73-306(20), which is unlikely to encompass any state offices. Thus, an enhanced license holder is not prohibited from carrying in a state office, and state offices do not have the option to use entryway signs to prohibit enhanced license holders from carrying weapons pursuant to section 5-73-306(19).

Your questions are ones of statutory interpretation. The first rule in considering the meaning and effect of Act 562 of 2017 is to construe its text just as it reads, giving the words their ordinary and accepted meaning in common language. The courts will construe the statute so that no word is left void, superfluous, or insignificant; and meaning and effect are given to every word in the statute if possible. When the language of the statute is plain and unambiguous, there is no need to resort to the rules of statutory interpretation.

Question 1: Does the publicly owned building or facility exception allowed under Act 562 of 2017 for enhanced carry license holders apply to a building, park, or location owned by a city, municipality, or county that is paid for with public funds?

The answer to your question, as worded, is "Yes," insofar as section 5-73-322(h)(1) allows those with an enhanced license to carry a concealed handgun into locations or property owned by cities, counties, or municipalities without incurring criminal liability under section 5-73-122.

A more complete answer, however, takes into account the prohibitions against concealed carry contained in section 5-73-306. Property owned by a city, county, or municipality, as such, is not one of the categories of prohibited places of section 5-73-306. As a result, these entities may make use of section 5-73-306(18), which allows "the person or entity exercising control over" "[a]ny place" to post signs stating that "carrying weapons is prohibited." While state law provides that these entities may not, by ordinance or regulation, prohibit the concealed carrying of firearms beyond that provided for by state law, the broad text of section 5-73-306(18) plainly applies to these entities and allows them to post entryway signs prohibiting the concealed carry of firearms. These signs are effective as to both traditional and enhanced license holders. Although a license holder is not subject to criminal liability for violation of section 5-73-306(18), as noted above, the license is subject to potential suspension or revocation.

Question 2: Does the publicly owned building or facility exception allowed under Act 562 of 2017 for enhanced carry license holders apply to a building, park, or location owned by a state agency, such as the Arkansas Game and Fish Commission, that is paid for with public funds?

The answer to your question, as worded, is "Yes," insofar as section 5-73-322(h)(1) allows those with an enhanced license to carry a concealed handgun into locations or property owned by the state without incurring criminal liability under section 5-73-122.

A more complete answer to your question, taking into account the prohibitions of section 5-73-306, depends on the nature of the particular state-owned location. If that location falls within one of the categories listed in section 5-73-306(7)-(12), (14), (15), and (17), such as a state office, then the answer is "Yes." Enhanced license holders may carry in those locations, and those locations cannot prohibit concealed carrying by enhanced license holders by posting entryway signs under section 5-73-306(18). However, any such signs remain effective as to traditional concealed carry holders.

The second part of both your questions ask "in what timeframe must they comply with the law?" I understand "they" to mean those state entities, cities, counties, and municipalities who own or maintain buildings or facilities, in which the carrying of firearms is prohibited by section 5-73-122 if the person is not, as relevant to this opinion, an enhanced license holder. The answer depends on the nature of your question. The aforementioned entities need not do anything with regard to the "publicly owned building or facility exception"; enhanced license holders are simply not subject to prosecution under that provision. If your question is intended to ask whether, when posting entryway "no weapons" signs, entities must specify whether enhanced license holders are prohibited from carrying a concealed handgun, the answer is "No." The relevant statutes contain no such requirement.

Sincerely,

LESLIE RUTLEDGE
Attorney General