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ALC-Game & Fish/State Police

July 31, 2024 ·1:30 PM ·Room 130 ·1:27:02
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Speaker 1 0:00
Thank you, Senator. Good afternoon, committee. I'm Jennifer Cron. I'm a legislative attorney with the Bureau. I am assigned to this committee as well as the Judiciary Committee. And as a part of the firearms study that this subcommittee is conducting, I was asked to summarize all of the Arkansas laws that reference firearms or other weapons. And I was asked to be here today to present those summaries, the ones that are remaining that we haven't covered thus far throughout the year. So today I have summaries pertaining to business and commerce, local government, schools, transfers and disposition of firearms, and offenses and sentencing. And there are quite a few. I will try to go through these as expeditiously as possible, but if i go too fast or if you have a question please just stop me and let me know so i'll start at the beginning uh 34403 this is a statute under the alcoholic beverages subchapter and this statute mentions a weapon and handgun in a couple of places it provides that it is a class a violation for a controlled beverage permit holder for a person without a possessory or proprietary interest in the permitted property to possess a weapon except for an employee of a retail liquor store who is licensed to carry a concealed handgun if permitted under state law. 421-101 through 105, this is a subchapter that applies to firearms that are manufactured within the state of Arkansas and that don't cross the borders of the state of Arkansas, so they remain within the state. And this subchapter provides that such firearms are not subject to federal regulation. So 421-101 covers the scope of the subchapter and, as I said, states that these firearms are not subject to federal regulation. It talks about the second, ninth, and tenth Amendments of the U.S. Constitution and the Arkansas Constitution, Article 2, Section 5, which secures the right of the people to keep and bear arms. Section 421-102 sets out definitions and the terms that are defined are listed there. 421-103 provides that a personal firearm, firearms accessory, or ammunition that is manufactured in Arkansas and remains within the state is not subject to federal regulation. The remainder of this section contains the word firearm several times. Subsection B talks more about the scope of the chapter. It provides in B1 that the chapter applies to a firearm manufactured in Arkansas from basic materials. B2 clarifies that generic and insignificant parts that have other applications that are not firearms and that may be imported into Arkansas do not subject the firearm to federal regulation. B3 is a similar provision applying to basic materials that don't make the firearm subject to federal regulation. B4 provides that the authority of the U.S. Congress to regulate interstate commerce and basic materials does not include firearms that fall under the subject as long as the firearm is not taken outside the boundaries of the state. Subsection C provides that firearm accessories imported into Arkansas do not subject the firearm to federal regulation. Subsection D provides that um the section does not apply to a certain firearms um ones that cannot be carried and used by one person a firearm that has a bore diameter greater than one and a half inches and other weapons that are listed there 421-104 provides that a firearm manufactured or sold in arkansas that is subject to this chapter must have the words made in arkansas or other such words clearly and conspicuously stamped on a central metallic part of the weapon. 421-105 provides that a state agency, public servant, agent, or employee of the United States government shall not enforce a federal law or regulation regarding
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a firearm that falls under this subchapter.
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next 573 125 this is a statue that we covered previously in the possession of firearms and it's cross-referenced here because it deals with commerce but it provides that sales of shotguns rifles and ammunition across state lines are governed by the federal gun control act of 1968. 573, 207, and 208 are also statutes that we have previously covered. They are part of the Uniform Machine Gun Act, and they're cross-referenced here because they deal with commerce. 207 provides that the chapter does not prohibit the manufacture and sale of machine guns to the military or political subdivisions. 573-208 provides that machine gun manufacturers must keep a register identifying machine guns that are manufactured by model and serial number. 16-105-501 through 503 apply to sport shooting ranges. And this is a section of the code in Title 16 that deals with immunity from civil liability and so this section as I said applies to sport shooting ranges. 501 sets out definitions. 502 provides that a person who operates or uses a sport shooting range shall not be subject to civil liability or criminal prosecution for noise pollution or a nuisance action if the shooting range is in compliance with the noise ordinances that were in place when the range began operation. 503 provides that this does not apply to rights, liabilities, or proceedings prior to August 1st, 1997. 16.116.301 deals with the proximate cause in a product liability action involving a firearm or ammunition. And this section provides that the proximate cause of injury is the actual discharge of the firearm, a non-powder gun or ammunition, and not the inherent capability to cause injury, damage, or death of the firearm, and that a manufacturer's placement of a firearm, et cetera, into the stream of commerce is not the proximate cause in a product liability action. 16.116.302 prohibits lawsuits other than product liability actions against firearm manufacturers, importers, or dealers for injuries related to the discharge of a firearm unless the action alleges that the manufacturer, importer, or dealer intentionally or negligently discharged the firearm. It does permit a tort action where the manufacturer, importer, or dealer is accused of violating a state or federal law. 16.116.303 provides that this subjector does not bar recovery when a plaintiff proves that the proximate cause of the injury or death was a defective or defectively designed firearm. 16.128.02 provides that a business or property owner is not liable from injuries or damage caused from a concealed handgun transported or stored in a vehicle by an employee. And then subsection B provides that in the event of theft of a concealed handgun, an employee shall report the theft within 24 hours. 16.120.804 provides that a business or property owner is not liable for injury or damages resulting from a concealed handgun possessed by an emergency medical technician who is an employee. and also provides that a handgun in a parking lot does not constitute a failure on the part of the employer to provide a safe workplace. 1749-104, subdivision A10 of that statute provides that a gun show is exempt from the requirements of the transient merchant licensing Act of 1983. 2027-2301, this is part of the Arkansas Children's Imitation Firearms Act, and this is the definition section, which contains the definition for imitation firearm. And then the next section, with certain exceptions, prohibits the sale of an imitation firearm and establishes a civil penalty. 25.1.1001 deals with financial service providers who discriminate against environmental, social justice, or other companies in their governance scores or metrics, and there are several definitions. A firearm entity is one of the definitions. Firearm is another. 25.1.1002 provides that the treasurer of the state shall maintain a list of financial service providers that discriminate against energy and firearms companies or otherwise refuse to deal with those companies. And it sets out direction to the committee that determines who those service providers are. 25.1.1005 lists the sources of information that the ESG Oversight Committee may consider when evaluating financial service providers. That includes the statements of the financial service providers, statements or complaints by an energy or firearms company, and also media reports. 25.1.1006, this section establishes the ESG Oversight Committee and declares that the purpose of the committee is to determine a list of financial service providers that discriminate against energy, firearms companies, and others. It sets out the composition of the committee. 25.1.1101, this is the subchart. that deals with the prohibition of public entities in contracting with companies that boycott energy or firearms companies. And one of the definitions is firearms, and another one is ammunition industries. 25.1.1102 provides that a public entity shall not enter into a contract with an entity that boycotts firearms companies and there are other requirements set out in that section 2652-401 identifies and this is part of the tax code identifies products and services that are exemptions to the gross receipts tax including in subdivision 7 rifles for a rifle range and other rifle items and so that's why that's included it mentions rifles 2652 518 lists a gun show and a knife show as special events that should follow the tax collection procedures of this section and are to collect and remit sales tax daily next we'll move to the local government section 136302 didn't really fit anywhere else so we included it here but it deals with archaeological research sites, and it contains, it mentions weapons and weapon projectiles that may be uncovered in archaeological digs. 1416501 deals with the regulation of firearms upon request by a suburban improvement district, and it provides that 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 1416 502 is a similar statute but it pertains to property owners associations and provides it 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 is located outside the boundaries of a municipality a county may by ordinance regulate the discharge of firearms within any or all of the property owners association 1416 504 and the next statute 1454 1411 contain the same provisions but one of them applies to county governments 504 does and 1411 applies to municipal governments so cities and towns and this these two statutes provide that a local unit of government shall not enact an ordinance or regulation pertaining to the ownership transfer transportation carrying or possession of firearms ammunition or components of firearms except as otherwise provided in state or federal law. This does not prevent ordinances regulating the unsafe discharge of a firearm. And a local unit of government shall not have the authority to bring suit against any firearm or ammunition manufacturer, trade association, or dealer for damages resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition. Okay, 1454 or 1411 is the same. So now we'll move into the offenses and sentencing. So there are many statutes in the criminal code that mention firearms or weapons, and some of them are really incidental mentions. I will go through these as quickly as possible. 51102 is the main definition section for the criminal code, so it defines
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many terms for purposes of the entire criminal code, Title V, and it includes definitions for deadly weapon,
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firearm, sawed-off or short-barreled rifle, sawed-off or short-barreled shotgun, and other definitions that don't pertain to firearms. 52604, this is the statute that deals with the defense of use of deadly force in the defense of a person. And in this part of the criminal code, all of the sections deal with different defenses that may be asserted. this one in subsection b provides that a person is not required to retreat before using deadly force if if several circumstances may exist and one of those is with certain exceptions if the person is not the initial aggressor if they're not a felon in possession of a firearm unless it is the home or curtilage of the felon. And so that's where firearm comes up in that statute. 54303 deals with conditions of suspension of probation. And among other requirements in subdivision C5, the section provides that a court may include as a condition of probation that
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a defendant shall have no firearm in his or her position.
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54405 deals with delayed release for certain offenders. This section sets out certain offenses or circumstances that may require the delayed release of an offender, prohibiting parole until the person is served at least 80% of his or her sentence. And Subdivision A4 provides that, and this specific offense comes up many times because it contains the word firearm, but the offense of unlawful discharge of a firearm from a vehicle, 574-107, is one of the serious felonies involving violence that would warrant the 80% requirement. 5451 habitual offenders this section requires extended sentencing for habitual felony offenders and one of the subdivisions lists again unlawful discharge of a firearm from a vehicle as one of the serious felonies involving violence that would warrant the extended sentencing the list of felonies also includes the criminal use of prohibited weapons 54702 enhanced penalties for offenses committed in the presence of a child this statute sets out enhanced penalties for certain offenses committed in the presence of a child including the offense of unlawful discharge of a firearm from a vehicle 54707 imposes an additional term of imprisonment for offenses constituting violence against a church or other place of worship and provides for an additional term of imprisonment for an offender who commits a serious felony involving violence against a victim who was purposely selected because the victim was present on the grounds of a church or other place of worship unlawful discharge of a firearm from a vehicle is one of those felonies that is listed and it includes the word firearm so we've covered it here 55201 um the forfeiture requirement exceptions section provides that a conveyance such as an aircraft motor vehicle or vessel is subject to forfeiture if it is used in the commission or attempt of certain crimes other items are subject to forfeiture if used in the commission or attempt of a second or subsequent offense for certain criminal trespass offenses including that included a killing device and so that's why that's included it contains the term killing device 510-104 this is the capital murder statute. There's a lot more to the statute, of course, but here I've just honed in on the part that has the term firearms. So under subdivision A-10, one of the ways that a person can commit capital murder is if the person purposely discharges a firearm from a vehicle at a person, vehicle, conveyance, or structure that he or she knows or has reason to know is occupied by a person and causes the death of a person under circumstances manifesting extreme indifference to the value of human life. 510-102, murder in the first degree. Once again, there's a lot more to the statute and a myriad of ways that the offense can be committed, but the parts that mention firearm or weapon are summarized here, and that includes subdivision, or I'm sorry, Subsection B, which provides that it is an affirmative defense to a prosecution for murder in the first degree, where a defendant was not the only participant in the offense, and the defendant did not commit the homicidal act, was not armed with a deadly weapon, reasonably believed that no other participant was armed with a deadly weapon, and reasonably believed that no other participant intended to engage in conduct that could result in death or physical injury. 510.104, manslaughter. Subsection B mentions deadly weapon in the same way that the previous statute did. That same defense applies in manslaughter cases. 510.105, negligent homicide. Subdivision B2 provides that a person who negligently causes the death of another person by means of a deadly weapon is guilty of a Class D felony. 510-209, factors considered when determining whether a person possessed controlled substance for personal use. In the subchapter concerning the offense of death by delivery, this section lists factors to be considered when determining whether the possession of a controlled substance is for personal use. including that the person does not possess a firearm in the immediate physical control of the person 512-103 aggravated robbery provides that a person commits aggravated robbery if he or she commits robbery while armed with a deadly weapon or by representing by word or conduct that he or she is armed with a deadly weapon and the third way which does not include the the term 513-201 battery in the first degree provides that a person commits battery in the first degree if with the purpose of causing serious physical injury to another person the person causes serious physical injury by means of a deadly weapon or the eighth way that the offense can be committed with the purpose of causing physical injury to another person the person causes physical injury to any person by means of a firearm. Subsection B also mentions deadly weapon a couple of times when it talks about the defense that we talked about earlier, that they were not armed with a deadly weapon. 513-202, battery in the second degree, provides that a person commits battery in the second degree. If subdivision 2 applies here, it says, with the purpose of causing physical injury to another person, the person causes physical injury by means of a deadly weapon other than a firearm. Or 3A, the person recklessly causes physical injury to another person by means of a deadly weapon. 513-203, battery in the third degree, provides that a person commits battery in the third degree if in the third method of committing that offense mentions a deadly weapon. 513-204, aggravated assault, provides that a person commits aggravated assault if under circumstances manifesting extreme indifference to the value of human life, he or she, in the number two way, mentions a firearm. So if they display a firearm in such a manner, that creates a substantial danger of death or serious physical injury to another person. 513-211 aggravated assault upon a law enforcement officer or an employee of a correctional facility provides that a person commits this offense if and number two in that list mentions a firearm if he or she knowingly discharges a firearm uh and then there are more requirements that are listed there 513-213 aggravated assault against a first responder provides that a person commits this offense if they cause physical contact with a first responder and the physical contact involves the use of a deadly weapon or the display of a firearm in such a manner that displays a substantial danger of death or serious physical injury. 513-310, Terroristic Act provides that a person commits a terroristic act if while not in the commission of a lawful act the person shoots at a conveyance that is being operated by another person or at an occupiable structure and so the shooting is why that statute is included here 517 101 communicating a death threat concerning a school employee or student provides that a person commits this offense if and there are a number of ways but number two states that a threat involving the use of a firearm or other deadly weapon. 526-303, domestic battering in the first degree can happen if there is a serious physical injury to a family or household member by means of a deadly weapon. And then also number six specifically mentions a firearm. 526-304, domestic battering in the second degree, provides that a person commits domestic battering in the second degree if number two, again, the deadly weapon is mentioned and also in three also mentions a deadly weapon. 526-305, domestic battering in the third degree. This offense can be committed if the person negligently causes physical injury to a family or household member by means of a deadly weapon. 526-306, aggravated assault on a family or household member. this offense is committed if the person purposely displays a firearm in a manner that creates a substantial danger of death or serious physical injury to a family or household member 526 313 provides that a person who is convicted of any misdemeanor domestic violence offense shall be notified by the court that it is unlawful for that person to ship transport
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or possess a firearm under federal law. 527-210
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parental responsibility for students firearm possession provides that a parent of a minor is guilty of a class B misdemeanor if the parent knows that the minor is in illegal possession of a firearm in certain places including a school or park and the parent fails to prevent or report the illegal possession 536-103 theft of property and the reason firearm is included here is the dollar value of a firearm that may be stolen if a firearm valued at $2,500 or more is stolen, then that offense is a class C felony. And if it's less than $2,500, the offense is a class D felony. And the same thing for 536.106, theft by receiving. The dollar value of the firearm is listed. 536.115, theft of least rented or entrusted personal property. Once again, same thing is the dollar value of the firearm that determines the level of the offense 538 310 unlawful burning provides that a person commits the offense if the person number six so there are five other ways but the sixth way is that if a person starts a fire in forest material not the person's own by use of a firearm and leaves the fire unextinguished 539-101 this is the definition section for the subchapter dealing with burglary trespass and other intrusions and there's a definition for killing device 539-203 criminal trespass provides that if a person commits the offense of criminal trespass when in possession of a killing of device the offense is a class a misdemeanor 539 204 aggravated residential burglary provides that a person commits the offense if the person commits residential burglary while armed with a deadly weapon or representing that they are armed with a deadly weapon 539 210
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forcible possession of land provides that a person commits the offense
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if he or she takes or keeps possession of any real estate by violence to any person entitled to possession when armed with a deadly weapon 539 305 criminal trespass on premises located in unincorporated area and this offense may include again a killing device and so that's why it's included. 554-101, this is the definitions section for the subchapter dealing with obstructing governmental operations. There are relevant definitions for implement for escape, implement for unauthorized departure, and prohibited article. All those definitions mention weapons. 554.105, hindering apprehension or prosecution, provides that a person commits this offense if he or she provides or aids in providing another person with a weapon or other means of avoiding apprehension, discovery, or effecting escape. 554.110, first degree escape, provides that a person commits this offense if he or she uses a deadly weapon to escape from custody, a correctional facility, a juvenile detention facility, or a youth services program. 554-116, aiding an unauthorized departure provides that a person commits this offense by knowingly aiding another person departing unauthorized from a juvenile detention facility, youth services facility, or the Arkansas State Hospital. And it is a Class C felony if the person uses physical force or threatens to use a deadly weapon. 554-117, assisting in or furnishing an implement for escape provides that a person commits this offense. If, well, and the reason deadly weapon is included is if the implement is a deadly weapon, the offense is a class B felony. 554.118, furnishing and implement for unauthorized departure. Once again, it specifies that if the implement is a deadly weapon, the offense is a class C felony. 554-119, furnishing, possessing, or using prohibited articles, delivering a prohibited article, provides that if a person commits this offense in a correctional facility and the article furnished is a weapon, the offense is a Class B felony. 554-134 disarming an officer provides that a person commits the offense of disarming an officer if he or she with the purpose of causing injury uses physical force to take a law enforcement officer's firearm, taser gun, personal protection, chemical dispensing device, or other protective gear or weapon. 554-201 this is the definitions section for strange two okay um oh okay obstructing governmental operations terrorism um and the relevant definitions i've listed there um and some of Those include weapon in the definition, and so that's why they're listed. 564-420, all the way down to the bottom of the page, 564-436. So these are all controlled substances, offenses involving the purpose to deliver. and the reason that firearm is mentioned is each of these statutes provides that the purpose to deliver may be shown by several factors including that the person possesses a firearm that is in the immediate physical control of the person at the time of the possession of the controlled substance. So I'll skip to 571-202 at the top of the next page. Provides that a person commits the offense of aggravated riot if he or she commits the offense when knowingly possessing a deadly weapon or knowing that another person with whom he or she is acting possesses a deadly weapon. 571-204, arming rioters. Once again, it mentions furnishing a deadly weapon or explosive of device knowing that it will be used in a riot or instructing another person in the use of a deadly weapon that will be used in a riot. 571-228, obstruction of shooting, hunting, fishing, or trapping activities provides that a person who commits this offense while in possession of a firearm is guilty of a class A misdemeanor. 571-229, stalking provides that a person commits this offense in the first degree if he or she engages in a course of conduct that will place a reasonable person in the victim's position under emotional distress and in fear for his or her safety and the actor is armed with a deadly weapon or represents that he or she is. 571-301, this is the definition section for the subchapter dealing with promoting civil disorder. It includes a definition for explosive or incendiary device and firearm. 571.302, promoting civil order in the first degree, provides that a person commits this offense if he or she teaches another person the use, application, or construction of any firearm capable of causing injury or death to another person, knowing that the device is to be used in furtherance of civil disorder. 571-303 provides that the subchapter shall not be construed to prohibit the training or teaching of the use of a weapon for lawful purposes, including law enforcement, hunting, recreation, or competition. 574-102, this is the legislative findings section for the Arkansas Criminal Gang Organization or Enterprise Act. And subdivision C3 talks about one of the primary reasons for the increased homicide rate is the use of firearms by criminal gangs to control the crack cocaine market within their geographical turf. 574-106, simultaneous possession of drugs and firearms provides that a person who commits certain felony violations of the Uniform Controlled Substances Act while in possession of a firearm or any implement or weapon that may be used to inflict serious injury or death is guilty of this offense, which is a class Y felony. 574-107, unlawful discharge of a firearm from a vehicle provides that a person commits this offense if he or she knowingly discharges a firearm from a vehicle and causes death or serious injury
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and in the second degree if they recklessly discharge a firearm from
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a vehicle. 575-102, unlawful acts, provides that it is unlawful to operate an aircraft while intoxicated or under the influence and that a person who commits the offense and is a member of a flight crew and in possession of a weapon is guilty of a class D felony. 915-207, order of protections, provides that an order of protection shall include a notice to the respondent that it is unlawful for an individual who is subject to an order of protection or convicted of a misdemeanor domestic violence offense to ship, transport, or possess a firearm or ammunition under federal law. 915-403, this is the definition section for the Spousal Abuse Safety Plan Act, and the definition of physical abuse mentions a weapon. 927-313, taking into custody. This is part of the juvenile code. It's the section that instructs how a juvenile shall be taken into custody and it mentions handgun and weapon a few times subsection d provides that a law enforcement officer shall take a juvenile to detention and immediately make every effort to notify the parent guardian or custodian when a juvenile is taken into custody for certain offenses including and i only listed the ones that had the words um firearm or handgun in them, but those offenses. 527.318. This is the statute governing when felony charges may be filed in the criminal division of circuit court, which is commonly referred to as filing charges as an adult versus when they must be filed in juvenile court. And it talks about the discretion that prosecutors have in the role that the courts play, and it's a lengthy statute, but it does mention some specific offenses, possession of a handgun on school property, unlawful discharge of a firearm from a vehicle, criminal use of a prohibited weapon, and any felony committed while armed with a firearm, and so those are listed in the summary because they contain those terms. 927-330 disposition delinquency alternatives this is the disposition or in adult court we would call that sentencing of course juvenile court is different but this is that section subsection c provides that a juvenile who is adjudicated delinquent for possession of a handgun criminal use of prohibited weapons or possession of a defaced firearm shall be committed to a juvenile detention facility youth services center operated by the dhs state institutional system board or placed on residential detention 527 501 provides that an extended juvenile jurisdiction designation may be requested in certain circumstances including a 14 or 15 year old charged with the following offenses that mentioned firearms. 928 409 criminal record and child maltreatment checks provides for a criminal record and child maltreatment check for certain persons having that should say contact with foster children and prohibits contact with foster children by persons who've been convicted of, um, certain offenses, including these offenses I've included that mention firearms. 12-18-103, this is the definition section for the Child Maltreatment Act. And the term severe maltreatment may
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involve the use of a deadly weapon, and so that's why that's listed here. 15-43-205,
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negligent discharge of firearms while hunting deer. I think we covered this in our hunting summary, but it's cross-referenced here because it is an offense, so I won't read it again. 1643-1001, Closed-Circuit Television and Remote Testimony. This section deals with permitting the remote testimony of a child by closed-circuit television in certain criminal proceedings. subdivision b provides that among the factors that a court should consider is the nature of the offense including the use of a firearm or other deadly weapon 1684 117 conditions for release on bail for persons accused of human trafficking and related offenses and it the statute provides that a person who's released on bail for those offenses should be ordered to relinquish all firearms to a third party. 1685-714 deals with no contact orders in criminal cases. Subdivision B-3 provides that a no contact order may prohibit the defendant from possessing a dangerous weapon. 1687-212, this section covers court fees and expenses that may be paid to a public defender. Subdivision B-1 provides that with approval a public defender may utilize the services of the state crime lab for firearms and tool marks identification. 1690-119 confiscation of deadly weapons provides that deadly weapons should be confiscated when a person is convicted of certain offenses involving deadly weapons. 1690-120, felony with a firearm, provides that a person convicted of a felony offense who employed a firearm during the commission of the felony may be sentenced to an additional 15 years imprisonment. 1690-121, second or subsequent felony with a firearm, provides that a person convicted of a second felony involving the use of a firearm shall be sentenced to a minimum of 10 years imprisonment without parole. 1690804, Departures from the Voluntary Presumptive Sentence Range. This statute sets out parameters for deviating from the presumptive sentence range for an offense. Subsection D sets out aggravating factors that may warrant a lengthier sentence, including the use of a firearm during a felony offense or shooting a firearm into a crowd of people 1690 1101 this is the definition section for the rights of victims of crime subchapter
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and once again the definition for violent crime includes a mention of
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deadly weapon 1690 1417 effect of sealing this is part of the
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Comprehensive Criminal Record Sealing Act of 2013, and this section provides that the sealing of a criminal record under this subchapter does not reconfer the right to carry a firearm if that right was removed as a result of the felony conviction. 1693-303, Probation First-Time Offenders Procedure. This section sets out the parameters and procedure for probation of first-time offenders. It provides that during a period of probation for a first-time offender, a defendant is considered as not having a felony conviction except for the application of any law prohibiting the possession of a firearm. Provides that the eligibility to possess a firearm is governed by 573-103. 1693-601, felonies committed prior to April 1, 1977. Subsection D provides that a court may require a person convicted of a crime involving the use of a deadly weapon to serve one half of their time sentenced. 1693-604, felonies committed between those dates, 1977 to 1983. Once again, it mentions deadly weapon. 1693-607, and this is 1983 to 1994, also mentions a deadly weapon. 1693.609, effect of more than one conviction for certain felonies. Subsection C provides that a person who commits the offense of possession of firearms by certain persons in which the offense is under 573.103 after 2021 is not eligible for parole. 1693.615, parole eligibility procedures for offenses committed after january 1 1994 provides that certain offenders may be transferred by the post-prison transfer board to the division of community correction mentions these specific offenses among others but these include the term firearm and so they're included 1693 1802 and this is part of the protect act setting out the the new procedures for early release of offenders and this definition section covers release eligibility and procedures for offenses committed on or after january 1 2025 felony ineligible to receive earned release credits lists a long list of felonies that fall in that category and some of them include the terms firearm or weapon and so they're listed there 1698
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301 this is the definition section for the Arkansas Drug
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Court Act it includes a definition for violent felony offense which may involve an offense where a person carried possessed or used a firearm or
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other dangerous weapon. 16-100-208, completion of program, dismissal of case, sealing of record,
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sets out the procedure for the completion of a mental health specialty court program and provides it upon completion, a participant may petition the court to restore his or her right to purchase a firearm. 16-123-348, violations, bodily injury, penalties. This is part of the Arkansas Fair Housing Act, and this specific section prohibits the injury, intimidation, or interference with the person's attempting to obtain housing based on that person's race, color, religion, sex, disability, familial status, or national origin. And subdivision B3 provides that a person who violates the section and uses a firearm may be subject to the penalties stated. 2038-105, disqualification from employment, denial or revocation penalties, sets out certain criminal history or other circumstances that may disqualify a person from employment in a health and safety position, and several of the offenses that are listed include the term weapon or firearms. 2048-402, penalties, Sets out misdemeanor offenses involving human development centers, including
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unlawfully bringing a firearm or deadly weapon upon the premises.
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23-12-804, discharge of firearms or throwing objects at railroad or streetcar. Prohibits the wanton, malicious, or mischievous discharge of a firearm at or into a train car. next we'll move on to the schools section and several of these are cross-referenced they've already been covered previously but they're included under this category as well 517-101 communicating a death threat concerning a school employee or student provides that an element of the offense is that the threat involves the use of a firearm or other deadly weapon 527-210 parental responsibility for students firearm possession provides it apparent if a minor is guilty of a class b misdemeanor if they know that the minor is in illegal possession of a firearm on
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the premises of a school or the school campus and prevents fails to prevent the possession or report the
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Speaker 1 51:43
possession 573 119 we did cover this one and the next one in the possession summaries this is the general possession subchapter so 119 deals with handguns possession by minor on or possession on school property um it's a lengthy statute we have covered it so i won't i won't go over that again 573-128 offenses upon property of public schools we've covered that one 573-322 this is part of the concealed carry subchapter and this is the the section that sets out what people refer to as the enhanced concealed carry provisions we have covered this but there there is a lot in there regarding schools and so that's why it's included here as well 65501 this is the definition section for the civil war reenactments subchapter it includes a definition for civil war era weapon and that's why that that's why that section is included here 65502 weapons provides that a person who is a civil war reenactor may carry an unloaded Civil War era weapon on school property for educational purposes with approval of school officials. 610-128 deals with school resource officers. We did cover this section in the law enforcement summaries and it mentions firearms in subsection C where it talks about the different types of training that school resource officers must have, including training on the use of firearms. 610-134, notification to school district of adjudication or conviction of minor. This sets out the procedure for a court or prosecuting attorney to provide confidential juvenile court information to a school district concerning a minor student. And it specifically mentions the offense of any offense involving a deadly weapon under 51102 or the unlawful possession of a handgun. And so that's why that's included. 617113, duty to report and investigate student criminal acts. Includes definitions for deadly weapon and firearms and provides that a principal of a public school who has information that a person has committed or threatened to commit an act of violence or crime involving a deadly weapon on school property shall immediately report the incident or threat to the appropriate law enforcement agency. 618-502, Rules for Development of School District Student Discipline Policies. This section provides that student discipline policies shall include policies that address the possession of a firearm or other weapon by a student and shall prescribe expulsion from school for a period of one year 618 507 suspension expulsion subdivision e1a mentions firearms it requires all schools to adopt a written policy regarding expulsion of a student for possessing a firearm or other prohibited weapon on school property and to require students to sign a written statement acknowledging that the parents have read and understand the laws regarding parental responsibility for allowing a child to possess a weapon on school property. And there are a couple other mentions of firearms, all in subdivision E of that statute. 621-608, concealment of guns or drugs. Subsection B provides that it is unlawful for any student or other person using school-owned property to conceal a gun in a desk walker or other school owned property a school official employed in a supervisory capacity over students has the authority to investigate the concealment of guns or other contraband and has the authority to search the premises without the necessity of obtaining a search warrant once again it says that a student shall be expelled for one year for concealment of a gun or other firearm and in the event of prosecution the gun or firearm shall be released to local prosecuting authorities 927 309 this is part of the juvenile code it is the section that sets out the confidentiality of juvenile records and it's very lengthy a few offenses that mention firearms are listed in that statute and that's why it's included here The next section pertains to the transfer and disposition of firearms. 55101 deals with the disposition of contraband and seized property. Subsection A provides that seized property shall be returned to the rightful owner or possessor except contraband owned by a defendant. Subdivision B-1B provides that a contraband includes a weapon used in the commission or attempt of a felony. Subsection C provides that the contraband
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Speaker 20 57:18
shall be destroyed unless capable of lawful use, which may be retained for use by the local law enforcement agencies sold
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Speaker 1 57:28
or traded in accordance with the section. 55201 forfeiture requirement exceptions provides that a conveyance such as an aircraft motor vehicle or vessel is subject to forfeiture if it is used in the commission or attempt of certain crimes other items are subject subject to forfeiture if used in the commission or attempt of a second or subsequent offense for certain criminal trespass offenses including a killing device 55401 this is the definition section for forfeiture of weapons and ammunition it includes another definition for weapon 55402 transfer to state crime laboratory provides it a weapon or ammunition that is seized by law enforcement and forfeited pursuant to law may be transferred to the state crime laboratory if the court having jurisdiction has made a final determination concerning the disposition of the weapon or ammunition. 55403 provides that the state crime lab may receive a weapon or ammunition and may use it for testing, training, data compilation, or other appropriate purposes. 55404 provides that a receipt shall be provided when a weapon or ammunition is transferred to the state crime lab. 55405 provides that when the executive director of the state crime lab determines that any weapon or ammunition transferred or donated pursuant to this subchapter is no longer useful it may be destroyed 564 501 this is part of the uniform controlled substances act and it mentions um that a person enforcing that act may carry a firearm 564 505 property subject to forfeiture procedure disposition of property sets out the procedure for forfeiture property seized in connection with a violation of the uniform controlled substances act subdivision a6 provides that anything of value including a firearm may be seized if furnished or intended to be furnished in exchange for a controlled substance or counterfeit substance. Subdivision A7 provides that there is a rebuttable presumption that any firearm found in close proximity to a forfeitable controlled substance is presumed to be forfeitable. And then the rest of it are procedural requirements for the Arkansas Drug Director. 573-110. We have covered this before in the possession summaries, but it provides that 573-101 to 109 do not prohibit a law enforcement officer from disarming a minor or a person who appears to be mentally defective when that person is in possession of a deadly weapon and it instructs what is to be done with that weapon. 573-111, unlawful procurement of a firearm, includes definitions for ammunition, false information, licensed dealer, private seller, provides that a person commits the offense of unlawful procurement of a firearm by persuading a person to transfer a firearm or ammunition under unlawful circumstances. 573-130, seizure and forfeiture of firearm, provides that a firearm shall be seized from a person younger than 18 years of age who is unlawfully in possession. And once again, it sets out the procedures for seizure and forfeiture. And we have covered this statute before, as well as 132, which is also part of the possession subchapter um but 132 prohibits the sale rent or transfer of a firearm to a person prohibited by state or federal law from possessing a firearm we've covered 1621 147 in our law enforcement section but it's also included here it's cross-referenced 1690-119 provides for confiscation of deadly weapons when a person is convicted of offenses involving deadly weapons and finally 2657-247 it's part of the tax code it sets out the procedure for seizure forfeiture and disposition of tobacco and related products that were not properly taxed including firearms that were purchased with the proceeds of the sale of untaxed tobacco products. And so
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Speaker 44 1:02:25
that concludes my summary. Are there any questions about the
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Representative Josh Miller Chair Unverified 1:02:35
summaries? Committee, real quick. Everybody, please stand up.
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Speaker 47 1:02:42
And let's give Ms. Jennifer a standing ovation. That was a hell
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Speaker 48 1:02:54
of a job. Yeah, somebody please get her some water. No, Senator Flippo,
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Representative Josh Miller Chair Unverified 1:03:03
I did not stand. But anyway, all right, does anybody have any questions?
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Senator Gary Stubblefield Unverified 1:03:12
Senator Stubblefield, you're recognized. Thank you, Mr. Chairman. Jennifer, going back to 52607, it's a use of deadly force in defense of a person's search warrant. Yes, sir. Page 7. Could you explain that a little more in detail? Okay.
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Speaker 58 1:03:37
Let me pull it up just a second.
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Speaker 20 1:03:45
So, in my summaries, I really just focus on the part
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Speaker 1 1:03:52
of the statute that mentions firearm. And so, this whole first paragraph here, there is not really a firearm mentioned. But when the mention of firearms comes up is in subsection B of this statute, where it talks about whether a person is required to retreat before using deadly force. and this section provides that this defense would not apply if a person is a felon in possession of a firearm unless it is in the home or cartilage of the felon. And so that's
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Speaker 20 1:04:33
the only time a firearm is actually mentioned. So in other
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Senator Gary Stubblefield Unverified 1:04:39
words, that's basically saying that a person who's in his house has the right to protect his family if he's not a felon or in possession of a firearm. Right.
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Speaker 58 1:04:57
Well, Senator, as you know, the Bureau can't interpret the statute, but I can tell you, you know, what it says. I can't really tell you what it means. But I'm
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Representative Mindy McAlindon Unverified 1:05:07
sure the Attorney General will be happy to answer questions when they come up regarding the interpretation of the statute. Well, you would agree with the Fourth Amendment,
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Senator Gary Stubblefield Unverified 1:05:16
though, that a person has the right to protect his family and his possessions in his own house?
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Speaker 44 1:05:23
I can't offer an opinion on that. I'm sorry.
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Speaker 65 1:05:28
Well, that's the Fourth Amendment to the Constitution. That's really
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Representative Josh Miller Chair Unverified 1:05:38
not an opinion. We could get the AG's office if you
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Senator Gary Stubblefield Unverified 1:05:43
need an opinion. One more question. You recognize. Thank you, Mr. Chairman. What are the parameters of federal law enforcement officers or state law enforcement officers when they come to a home to serve as search one? Senator, I'm sorry. I can't
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Speaker 58 1:05:59
answer that question, but maybe the Attorney General's office may be able to provide you some information on that when they come up to the table. Okay. All right. Thank you.
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Speaker 72 1:06:12
You're welcome. Do we have any other questions for the
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Senator Mark Johnson Unverified 1:06:19
Bureau of Senator Johnson? Thank you, Mr. Chairman. Jennifer, in several instances you referred to a killing device, and then it refers to a later definition. What is that? And I guess I want to know how extensive the list might be that we
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Speaker 77 1:06:35
qualify into that. Sure. Let me find that
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Speaker 58 1:07:05
definition for you. Okay, it's defined in 539.101, and the definition is Killing device
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Speaker 1 1:07:12
means a firearm, bladed weapon, or other object when not used in the course of
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Speaker 13 1:07:20
lawful hunting or fishing of wildlife. Okay, so
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Senator Mark Johnson Unverified 1:07:26
it's not so extensive to include an automobile or a machete or it's specifically about as related to some form of firearm. And you said a braided device, a graded.
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Speaker 62 1:07:46
Well, and once again, Senator, I can't offer
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Speaker 1 1:07:49
an interpretation of the definition, but what it states is that killing device means a firearm, bladed weapon, or other object when not used in the course of lawful hunting or fishing of wildlife. And that's on page 91 in your packet where the statutes are printed out. I'll go back and look at it.
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Speaker 73 1:08:07
Thank you, Jennifer. Thank you, Mr. Chairman.
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Speaker 83 1:08:11
Do we have any other questions for
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Speaker 47 1:08:16
the Bureau? Seeing none, Ms. Jennifer, go get yourself something to drink and relax. You did great. Thank you. Thank you. I know that was a lot of stuff. Next up, we would have the representative from the Attorney General's office, Ms. Alex. I see you and is it just you today? Welcome back. Oh,
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Speaker 69 1:08:37
I see. Thank you. Y'all can identify yourselves for the record. Thank
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Speaker 85 1:08:47
you, Mr. Chair. Alex Benton with the Attorney General's
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Speaker 86 1:08:50
Office. Thank you, Mr. Chair. Dylan Jacobs, Attorney General's Office. All
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Speaker 88 1:08:57
right. Y'all are recognized. We don't have any recommendations for the committee for today. I know that there There was a voluminous
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Speaker 91 1:09:03
packet of statutes given to you, but I think we've concluded our recommendations for changes in the law as it pertains to concealed carry. Got you. Okay,
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Speaker 89 1:09:12
I know we'll have a couple of questions from committee members. Senator Boyd, you're up first. Thank you, Mr. Chair.
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Senator Justin Boyd Unverified 1:09:19
And I have several questions, so cut me off. If I go too long, I'm going to go back into queue. I know. So let me start with 5-5-201. I'm just curious on that one. It's a forfeiture requirement. I just want to make sure, are we affecting, say, like a 16-year-old kid who decides to drive down the road and shoot a road sign? Are we going to wind up having to forfeit a vehicle or whatever, if something like that?
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Speaker 88 1:09:53
That's a good question. and i'm not trying to be evasive but i would if you would allow me i'd like to do
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Senator Justin Boyd Unverified 1:09:59
some research on it and and back to you on that yeah that'd be great now the next one is 5-27-210 it's on parental parental responsibility and i i get it and it uses the word no i just want to make sure i understand that so by the word no we we mean k-n-o-w no like i you know as a parent if my 16-year-old daughter took a gun to the park, but I didn't know about it, I'm not somehow liable criminally because of that statute. I'd have to actually know if that took place. This
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Speaker 88 1:10:32
gets to the mens rea. There's a mens rea and an actus reas to prove up any
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Speaker 98 1:10:37
criminal case, the mens rea being your intent, the actus reas being the actual act of committing the crime. Um, there is a specific knowingly doing something versus negligently, um, in terms of your intent. And it's, I've slept since I've read my criminal law, uh, textbook, but knowingly has a specific definition in criminal case law, uh, that would go towards this knowingly, but you're correct. It wouldn't, there's a difference between knowingly, negligently, uh, which is you should have known. Um, so yes, there, there is a distinct difference there in the
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Senator Justin Boyd Unverified 1:11:12
law and I can get that definition for you as a parent if this were your child would you be concerned that somehow if they did something unknowingly that you would no okay that's all i need right there all right 15-43-205 um it regards deer hunting and i'm just curious if is there something special that i'm not aware of with deer hunting that makes it any different than say bear hunting or elk hunting like Like, is this adequate, or do we even need this, really? That
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Speaker 98 1:11:47
is a fabulous question. I don't know the legislative intent when this particular section was passed. I'd be happy to pull some of the history on this to try to frame up the context in which it was voted on by the legislature. But I can't see. It seems to be a distinction without a real difference.
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Senator Justin Boyd Unverified 1:12:06
Okay. Is that something that maybe you would like to look at and see if your office would like to make a recommendation? I'd be happy to look at that, sir, yes. 23-12804 has a fine of $25 to $250, and I'm just curious if that's in line. Like, if you shot at a moving train, I don't know, maybe that feels like that's a bigger crime than a $25 to $250 fine. I would also
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Speaker 98 1:12:34
note that it looks like it was passed a very, very, very long time ago, so I don't believe that this has been adjusted for any type of
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Senator Justin Boyd Unverified 1:12:43
inflation as to the fine amounts. Would your office be, or? We'll look at it, yes, sir. Okay, yes, thank you. And then 6-5-501, that's regarding Civil War reenactment. I just, you know, maybe I'm biased because my ancestors moved here for the War of 1812. You know, so if we did a War of 1812 reenactment, would that somehow be excluded, or is it people only ever reenact the Civil War, or is it addressed elsewhere in code?
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Speaker 98 1:13:10
I don't know if it's addressed elsewhere in code, but this specific code provision would only address Civil War
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Senator Justin Boyd Unverified 1:13:19
reenactments. So I will do a survey on that and get that information. And see if we need to update it. I mean, and it could be that, I mean, I've really only ever heard of Civil War reenactments, but at the same token, in Fort Smith, We have the Fort Smith Museum, the National Historic Site. People show up on boats and reenact what happened around other times in history, not just the Civil War. And then 5-1102. It's got definitions including like a sawed-off or short-barreled shotgun. and I'm just, is there any reason why it's a crime to have to possess that versus I possess it when I'm going to use it in the commission of a crime? Why does it have to be a crime to actually possess this? Are we potentially making criminals out of people who just wanted to defend
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Speaker 88 1:14:13
themselves? I need to go back and look, but I believe that the legislature decriminalized the
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Speaker 98 1:14:18
mere possession of a sawed-off shotgun previously, and i believe it only remains a crime
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Speaker 113 1:14:24
federally okay i need to double check
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Senator Justin Boyd Unverified 1:14:27
on that could you verify that let me know pretty please and then um my last question believe it or not i just want to make sure i understand 3-4-403 so i can see if maybe it's good so if the way i understand this is if i go into a liquor store and i don't own it and I'm not an employee who has a concealed carry handgun license, I could be found in crime by walking into a liquor store with a gun. So I guess my question would be, in our current environment where we have this concern, do we need to have concealed carry handgun licenses or not? I mean, it doesn't somehow say, well, I'm the owner of the liquor store and I can certify that my employee who doesn't have a concealed carry handgun license can carry a gun into my place of business, I guess is what I'm trying to do. Does that make sense? Do you understand what I'm
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Speaker 98 1:15:28
trying to ask? Yes, sir. So if we go from when we're updating the concealed carry to one licensing structure, this also needs to be looked at to make sure it's consistent with
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Speaker 47 1:15:43
those other changes. Is that what you're saying? That's what I'm asking. Okay. We'll look. Thank you for your leniency, Mr. Chair. You're welcome. Uh, Ms. Benton, would the Attorney General's office want to make a recommendation to, uh, say the severity of the fines, uh, of
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Speaker 89 1:15:56
a Civil War reenactment, uh, perpetrator based on which side they were on?
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Speaker 115 1:16:03
I will give you my, uh, my boilerplate. I'm
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Speaker 98 1:16:07
not authorized to make a recommendation on behalf of the Attorney
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Speaker 89 1:16:12
General today. Something to consider. Yes, sir. Anyway,
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Senator John Payton Unverified 1:16:18
do we have any other questions? Okay, Senator Payton. Thank you, Mr. Chair. So 16-116-302 is part of the section that grants some liability exclusions for firearms in-state, for firearm manufacturers that are in-state. But I'm not quite understanding this because it says the last sentence there, permits a tort action where the manufacturer, importer, or dealer is accused of violating a state or federal law. We had several sections that said that we're not going to subject an in-state manufacturer to federal law. But then we give them tort protection unless they're accused of violating a federal law here. And I'm real uncomfortable with the fact that it uses the word accused instead of proving guilty or adjudicated guilty so it looks to me like and I'm not reading the actual section of code I'm I'm reading what BLR gave us here for a synopsis but a summary but what it says here is permits a tort action where the manufacturer importer or dealer is accused of violating state or federal law
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Speaker 88 1:17:36
So, I think, is your question that what state law can
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Speaker 86 1:17:53
bind federal prosecutions? No, no. I think I understand. So, the limitation on liability contained in 302A is talking about tort and negligence. So your common law, you know, sort of plaintiff suit actions. And what it's saying at the bottom there is that limitation on liability does not absolve any of these
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Speaker 123 1:18:15
entities of liability if they violate the law that y'all enact. Actually, it says,
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Senator John Payton Unverified 1:18:21
or what I'm looking at, it says
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Speaker 86 1:18:25
accused of violating. The statute requires that the, and this is in 302D2, requires that the plaintiff shall have the burden of proving by a preponderance of the evidence that the defendant violated the state law or federal law or regulation.
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Speaker 123 1:18:43
So they actually have to have proved to a court that the law was violated, not just accused. So
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Senator John Payton Unverified 1:18:50
my concern here is we just, we reviewed several sections of code that said that an in-state manufacturer that manufactures a firearm that's not going out of state, that they're not subject to federal law. But then this makes them subject to federal law. I take your
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Speaker 98 1:19:11
point, and we can absolutely look at that. I would point as a practical matter that I'm not aware of any in-state manufacturer that has not entered interstate commerce and thereby absolving themselves of being under federal law at any point. I'm not
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Senator John Payton Unverified 1:19:31
aware of one either, but I know there are several very, very small micro-manufacturers scattered around the state that do I mean, based on what I see here, I think it would qualify because they're not actively seeking to sell them out of state. But they do build some sporting rifles and things that are very small. Yes, sir. But I would like to make sure that we don't have anything in code that causes a case where they're subject to violating a law that they've not been proven, that they've not been adjudicated and found guilty of. And I don't believe
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Speaker 98 1:20:24
that that's in Arkansas law. I believe that what Arkansas law states is that it must be proven in a court of law. So there's a distinction there between accused and a summary and actual proof. thank you by an adjudication thank you mr chair any other questions from committee all right
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Speaker 83 1:20:41
seeing none thank you all very much for being here thank you sir uh next up
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Speaker 47 1:20:51
arkansas state police do you all have any uh recommendations or anything to add okay are there any questions from committee for state police seeing none we appreciate y'all as always thank you for being here uh next up would be the game and fish do you have anything to add we have any questions for game and fish seeing none thank you all again for being here uh chiefs of police association do we have anybody here from them okay uh prosecutor coordinator's office do we have any questions from committee seeing that thank you thank you for being here uh sheriff association all right um uh department of transportation all right thank you at this point we we'll take comments from the public if there is any i only see about four people here that aren't legislators so i'm not sure we have any are there any is there anybody from the public speak i don't see any all right um moving on our next meeting is scheduled for august 21st at 10 a.m in room a in the mac building where i went to first before i made it in here today like an idiot i'm probably the only one i guess um but anyway you're you join me okay good uh anyway august 21st 10 o'clock we're going to revisit any necessary topics that we need to and we will start working towards finalizing recommendations for uh the drafting of final reports and the bills i want to invite and encourage all members of the general assembly to attend the next couple of meetings and participate as we work towards recommendations to present to legislative council. Although only members of the subcommittee will be permitted to make motions and vote on the recommendations during this phase, we welcome input from all members of the assembly. And with that, seeing no other business, we are adjourned.
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Unknown speaker 1:23:47
Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. You
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Agenda

No agenda available.

Speakers

Speaker 1
123 segments
Speaker 6
1 segment
Speaker 20
7 segments
Speaker 30
1 segment
Speaker 12
4 segments
Speaker 24
4 segments
Speaker 44
2 segments
Representative Josh Miller Chair Unverified
3 segments
Speaker 47
8 segments
Speaker 48
1 segment
Senator Gary Stubblefield Unverified
7 segments
Speaker 58
5 segments
Representative Mindy McAlindon Unverified
1 segment
Speaker 65
1 segment
Speaker 72
1 segment
Senator Mark Johnson Unverified
5 segments
Speaker 77
1 segment
Speaker 13
1 segment
Speaker 62
1 segment
Speaker 73
1 segment
Speaker 83
2 segments
Speaker 69
1 segment
Speaker 85
1 segment
Speaker 86
4 segments
Speaker 88
5 segments
Speaker 91
1 segment
Speaker 89
3 segments
Senator Justin Boyd Unverified
20 segments
Speaker 98
13 segments
Speaker 113
1 segment
Speaker 115
1 segment
Senator John Payton Unverified
9 segments
Speaker 123
2 segments