Can a church use its handbook to ban concealed carry, or does it have to put up signs at the door?

Plain-English summary

State Representative Carlton Wing asked AG Leslie Rutledge how Arkansas churches could legally tell enhanced concealed-carry licensees that concealed carry inside the church was prohibited. Arkansas law has two parallel mechanisms for opting out of enhanced-licensee carry: posting entryway signs (Ark. Code Ann. § 5-73-306(18)(A)) or "providing notice" verbally or in writing under § 5-73-306(19). Churches are explicitly within the universe of "places owned or operated by a private entity" that can use either path (Ark. Code Ann. § 5-73-306(19)(B)(ii)).

Wing's three questions were:

1. If a church publishes the prohibition in its handbook, is that "written notice" sufficient to negate the need for posted signs?
2. Does verbal notice work?
3. If verbal notice works, how often must it be given?

The AG read § 5-73-306(19) and § 5-73-306(18)(A) side by side and drew a key textual contrast.

Subdivision (18) is a posting rule. It tells churches exactly where signs go and how they must be sized (clearly readable at not less than ten feet). Posting alone is sufficient under (18); there is no requirement that any individual licensee actually see the sign.

Subdivision (19) is a notice rule. It says a church "may provide written or verbal notification to a licensee who is carrying a concealed handgun" that carrying is prohibited, and a "licensee who receives written or verbal notification" violates the statute by remaining at or returning to the church while carrying. The verbs in subdivision (19) are about reception ("receives," "remains at or returns to"), which in turn means the notice must in fact reach the license holder. That contrast (no reception requirement under (18); reception requirement under (19)) was the AG's central reading.

Applied to the questions:

Q1 (handbook notice). The AG declined to give a categorical "yes" or "no." A handbook notice satisfies subdivision (19) only if the enhanced license holder in fact received the notice. Whether that happened is a fact question (was the handbook actually distributed to and read by the licensee?). The AG noted that the notice does not have to be individualized; it is notice "to a licensee who is carrying a concealed handgun at the [church]," and so a method that reaches any enhanced license holder who is carrying counts. But mere existence of a handbook is not the same as reception.

Q2 (verbal notice). Yes. Subdivision (19) explicitly authorizes verbal notification as a parallel alternative to written. Verbal works.

Q3 (frequency of verbal notice). Once. The statute says a licensee who has received notice violates the prohibition by "remaining at or returning to" the church while carrying. The phrasing assumes the notice continues. So a single delivery of the verbal notice (or written, for that matter) is sufficient until withdrawn. The church does not have to re-state the prohibition every Sunday.

The AG also noted that violation of the concealed-carry license regime can lead to suspension or revocation of the license under Arkansas State Police rules at Ark. Admin. Code 130.00.8-7.0.

Currency note

This opinion was issued in 2020. 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

What's the difference between a regular concealed-carry license and an enhanced license?
The "enhanced" qualifier refers to an endorsement issued by the Division of Arkansas State Police to concealed-carry licensees who complete approved training. The enhancement matters for places like churches because Ark. Code Ann. § 5-73-306(15)(A) generally bars carrying a concealed handgun into a church for traditional licensees, while § 5-73-322(g) extends the privilege to enhanced licensees unless the church opts out under (18) or (19).

If a church puts the rule in its handbook but a member never reads it, does the rule apply to that member?
Under the AG's reading, no. The reception requirement in subdivision (19) means a member who never received the notice has not been "notified" within the meaning of the statute. The church might be better off using entryway signs (subdivision (18)), which require posting only.

Does the church have to know who has an enhanced license to give effective notice?
No. The notice is to "any" licensee carrying a concealed handgun at the church, not to a specific named individual. Common sense reinforces this, since a church is unlikely to know which attendees have enhanced licenses or whether they are carrying.

Can a member who got verbal notice carry concealed if he comes back next week?
No. The statute treats the notice as continuing. If a licensee has received the notice (whether verbal or written), he commits a violation by carrying when he "remains at or returns to" the church.

What is the consequence of violating a properly-noticed prohibition?
Under Arkansas State Police rules (Ark. Admin. Code 130.00.8-7.0), failure to comply with the concealed-carry license regime is grounds for suspension or revocation of the license.

Does this opinion say anything about a church's right to set its own policy?
Yes, indirectly. Ark. Code Ann. § 5-73-306(15)(B) says the chapter does not preclude a church from determining who may carry a concealed handgun into the church. The notice and posting mechanisms in (18) and (19) are how that authority is exercised vis-a-vis enhanced licensees.

Background and statutory framework

Arkansas's concealed-carry license regime is in Ark. Code Ann. §§ 5-73-301 et seq. Section 5-73-306 lists prohibited places, including "[a]ny church or other place of worship" (subdivision (15)(A)). Subdivision (15)(B) preserves the church's authority to set its own policy. Subdivision (15)(C) sets the rule for enhanced licensees: an enhanced licensee carrying may not enter a church if the church "provides notice under subdivision (19) prohibiting a person with a license to possess a concealed handgun at the physical location."

Subdivision (18)(A) describes the posting alternative (signs of specified size and location at every entrance). Subdivision (19) describes the notification alternative (written or verbal notice to a licensee carrying). Subdivision (19)(A)(ii)(a) phrases the church's option as "may provide written or verbal notification to a licensee," and (19)(A)(ii)(b) treats the licensee as having violated the statute by remaining at or returning to the location while carrying after receiving notice.

Ark. Code Ann. § 5-73-322(g)(3) is the enhancement-endorsement provision; § 5-73-322(h)(2) carves out the church-related exemption that operates with subdivisions (18) and (19) as the gatekeepers.

The Arkansas State Police's enforcement teeth come through Ark. Admin. Code 130.00.8-7.0, which makes violations of the concealed-carry regime grounds for license suspension or revocation.

Citations

Statutes:

• Ark. Code Ann. § 5-73-306(15)(A) (Supp. 2019) (church as prohibited place for traditional licensees)
• Ark. Code Ann. § 5-73-306(15)(B) (church's authority to set policy)
• Ark. Code Ann. § 5-73-306(15)(C) (Supp. 2019) (enhanced licensee may not enter if church provides subdivision (19) notice)
• Ark. Code Ann. § 5-73-306(18)(A) (entryway-sign posting requirements)
• Ark. Code Ann. § 5-73-306(19) (Supp. 2019) (written or verbal notice alternative)
• Ark. Code Ann. § 5-73-306(19)(A)(ii)(a), (b) (notice and remaining-or-returning-to violation)
• Ark. Code Ann. § 5-73-306(19)(B)(ii) (church included in "private entity" universe)
• Ark. Code Ann. § 5-73-322(g) (enhanced-licensee privilege)
• Ark. Code Ann. § 5-73-322(g)(3) (Supp. 2019) (enhancement endorsement)
• Ark. Code Ann. § 5-73-322(h)(2) (Supp. 2019) (church carve-out)

Other authority:

• Ark. Admin. Code 130.00.8-7.0 (State Police rule on suspension or revocation for concealed-carry violations)

Source

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

Original opinion text

STATE OF ARKANSAS
ATTORNEY GENERAL
LESLIE RUTLEDGE

Opinion No. 2020-003
March 26, 2020

The Honorable Carlton Wing
State Representative
2513 McCain Boulevard, Suite 208
North Little Rock, AR 72116-7606

Dear Representative Wing:

This is in response to your request for an opinion concerning the carrying of a concealed handgun into a church or other place of worship. You specifically ask about a church's authority to provide notice to a person with an enhanced concealed-carry license that concealed carrying of handguns into the church is prohibited. Your questions in this regard are as follows:

1) With regards to "provides notice" (written or verbal) in accordance with Ark. Code Ann. § 5-73-306(19), that carrying a concealed handgun in the church or other place of worship is prohibited, does written notice in the church's handbook suffice and negate the need for posted or additional signage?

2) Under the same parameters and as similarly permitted in other states, would verbal notice of a prohibition against carrying a concealed handgun in the church or other place of worship suffice?

3) If verbal notice of a prohibition against carrying a concealed handgun in a church or other place of worship does suffice, how often and to what extent must said verbal notice be provided to the congregants or the public at large?

RESPONSE

I cannot definitively opine in response to your first question because the answer will turn on the particular facts. Notice in a handbook will only suffice if the enhanced license holder thereby in fact received notice that the church prohibits carrying a concealed handgun in the church. In response to your second and third questions, verbal notification is an express mode of providing notice to an enhanced license holder that a church prohibits carrying a concealed handgun in the church. As to the frequency or extent of the notice, the relevant statutory language indicates that the notice, once received, continues, so that no additional notice is required.

DISCUSSION

Question 1: With regards to "provides notice" (written or verbal) in accordance with Ark. Code Ann. § 5-73-306(19), that carrying a concealed handgun in the church or other place of worship is prohibited, does written notice in the church's handbook suffice and negate the need for posted or additional signage?

The holder of an enhanced concealed-carry license is exempt from the prohibition on carrying a concealed handgun into a church unless the church either posts entryway signs or "provides notice under subdivision (19) of [Ark. Code Ann. § 5-73-306] prohibiting a person with a license to possess a concealed handgun at the [church]." Your question pertains to this latter notice option. Subdivision 5-73-306(19) states in relevant part:

(a) A place owned or operated by a private entity [including a church] 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 [church] 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 [church].

Unlike the referenced subdivision (18)(A) regarding entrance signs, subdivision (19) provides few specifics regarding the "written or verbal notification" alternative to posting signs. However, it gives a clue that offers some guidance in addressing your question. It provides that an enhanced license holder is prohibited from carrying a concealed handgun into a church if (1) the enhanced licensee "receives written or verbal notification" that carrying a concealed handgun at the church is prohibited, and (2) the licensee, "while carrying ... either remains at or returns to the [church]." This language strongly indicates that the prohibition only applies if the license holder in fact received the notice. This is in stark contrast to subdivision (18), which only requires posting the described notice. There is no indication in that subdivision that the license holder must have actually received the notice. Proper posting, instead, constitutes statutorily sufficient notice under subdivision (18).

Notification pursuant to subdivision (19), whether communicated in writing or by word of mouth, must, therefore, be calculated to reach, and must in fact reach, the enhanced license holder. This is not to say that the notice must necessarily be given directly or personally to the individual license holder. The notice under subdivision (19) is notice to "a person with [an enhanced] license" who possesses a concealed handgun at the church. This wording indicates that the notice is not individualized. Rather, it is notice to any license holder who is carrying a concealed handgun at the church.

I cannot provide a categorical opinion as to what written or verbal notification will suffice under subdivision (19) if a church chooses not to post the written notice described by subdivision (18). With regard to your particular question, it is my opinion that notice in a handbook will only suffice if the enhanced license holder thereby in fact received notice that carrying a concealed handgun in the church is prohibited.

Question 2: Under the same parameters and as similarly permitted in other states, would verbal notice of a prohibition against carrying a concealed handgun in the church or other place of worship suffice?

Question 3: If verbal notice of a prohibition against carrying a concealed handgun in a church or other place of worship does suffice, how often and to what extent must said verbal notice be provided to the congregants or the public at large?

Under Arkansas law, verbal notification is an express mode of providing notice to an enhanced license holder that carrying a concealed handgun in a church is prohibited. As to the frequency or extent of the notice, the statute provides that having received the notice (whether written or verbal), the enhanced license holder commits a violation if he "remains at or returns to" the church while carrying a concealed handgun. This language indicates that the license holder is on notice at that point that he cannot carry a concealed handgun at the church until told otherwise. The notice, once received, continues, so that no additional notice is required.

Sincerely,

LESLIE RUTLEDGE
Attorney General