130.00.8-1.2. Definitions
AR ADC 130.00.8-1.2Arkansas Administrative CodeEffective: January 27, 2020
Effective: January 27, 2020
Ark. Admin. Code 130.00.8-1.2
130.00.8-1.2. Definitions
Definitions are adopted as follows:
(a) “Active Duty Military” -- any person serving full time in the active military service of the United States of America, including members of reserve components, under published orders for active duty or full-time training. “Active Duty Military” does not include a member who is performing active duty under a call or order for a specified period of less than thirty-one (31) calendar days;
(d) “Application” -- a form of such size and design that contains the required information and documentation enabling a person to apply for a license to carry a concealed handgun, an enhanced or enhancement to a concealed handgun carry license, renewal of a concealed handgun carry license, or transfer of a concealed handgun carry license;
(h) “Crime of Violence” -- any offense involving the threat of physical contact or actual physical contact or any offense involving an act or omission resulting in bodily injury. A “crime of violence” can include, but is not limited to, murder, rape, sexual assault, robbery, terroristic threatening, disorderly conduct, resisting arrest, battery, or assault;
(k) “Documentation” -- information that may be required to determine the applicant's eligibility. “Documentation” includes written materials that are able to be independently verified as true and correct by the Division. For example, the most reliable “documentation” of a disposition from a court is a copy of the final disposition certified by the court clerk or the keeper of the record. Convictions that have been sealed or expunged may still disqualify an applicant from receiving a concealed handgun carry license under certain circumstances.
(s) “Possession” -- for the purposes of ACA §§ 5-73-301 et seq. and these Rules, “possession” is actual or constructive possession on or about the person, in a vehicle occupied by the licensee (including, but not limited to, areas within the passenger compartment of any vehicle, such as glove boxes or containers), or otherwise readily available for use. “Possession” also includes “carrying a handgun” as stated in ACA § 5-73-312(c).
“Possession” does not include:
(C) For a vehicle in which a space outside the passenger compartment or a trunk does not exist, where the handgun is unloaded and in a locked container and the ammunition is physically separated from the handgun, so that both are not readily accessible to any occupant of the vehicle while the vehicle is in motion;
(u) “Resident” -- any person who possesses a valid Arkansas driver's license or ID card and who has established domicile as evidenced by the intent to make Arkansas his or her fixed and permanent home. It is presumed for the purposes of this definition that, when a person transfers his or her Arkansas driver's license or ID card to another state for a period of thirty (30) days or longer, the person is no longer an Arkansas resident;
(v) “Storage” -- for the purposes of ACA §§ 5-73-301 et seq. and these Rules, “storage” refers to storage of a handgun in a university or college-operated student dormitory or residence hall, which is prohibited under ACA § 5-73-119(c). “Storage” means to leave a handgun unattended in any location, not including a locked and unattended motor vehicle in a publicly owned and maintained parking lot as permitted by law, for any period of time, where the licensee is not in the same room and immediate vicinity (within arm's reach) of the handgun.
Credits
Amended Dec. 25, 2017; June 25, 2018; Jan. 27, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 130.00.8-1.2, AR ADC 130.00.8-1.2
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