Felony discharge of a firearm can receive any of these classifications. A person is not justified in using physical force upon another person if: With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person; However, the initial aggressor's use of physical force upon another person is justifiable if: The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and, The other person continues or threatens to continue the use of unlawful physical force; or. While the information found on our websites is believed to be sensible and accurate based on the authors best judgment, readers who fail to seek counsel from appropriate health professionals assume risk of any potential ill effects. A person is justified in using nondeadly physical force when and to the extent the person reasonably believes the use of nondeadly physical force is necessary to: Effect the arrest of a person reasonably believed to be committing or to have committed a felony; or. A. Conduct that would otherwise constitute an offense is justifiable when: The conduct is necessary as an emergency measure to avoid an imminent public or private injury; and. 188, 2, No. The license issued to a former elected or appointed sheriff is revocable on the same grounds as other licenses. No person shall fire off any cannon, gun, pistol, revolver, or other firearms within the Town limits, except: (1) A police officer of the Town in the discharge of his or her duties; (2) When the prior permission of the Town Council or the Chief of Police is obtained, and. 1335, 1; 1999, No. For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm); For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or. (a) notwithstanding any other provision of law, except subject to subsection (b), sled must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified nonresident who is at least twenty-one years of age and who is not prohibited by state law from possessing Maine 696, 1; 1981, No. The property is subject to a security interest perfected in accordance with the Uniform Commercial Code, 4-1-101 et seq. Search by legal topic. North Dakota The chief law enforcement officer of the city or county shall keep a record of all retired law enforcement officers authorized to carry a concealed handgun in his or her jurisdiction and shall revoke any authorization for good cause shown. In addition to this, this person confessed to discharging the firearm to police officers. Otherwise, criminal use of prohibited weapons is a Class D felony. Firearm laws are posted here as a courtesy only and are updated as often as possible. If the circuit court finds that the applicant is notprohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in a prohibition against his or her receiving or manufacturing the firearm, the circuit court shall order the chief law enforcement officer to issue the certification to the applicant. Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this subchapter, or who knowingly submits a false document when applying for a license issued pursuant to this subchapter upon conviction is guilty of a Class B misdemeanor. "Occupiable structure" includes each unit of an occupiable structure divided into a separately occupied unit; Any bodily impact, restraint, or confinement; or. 1089, 1. However, access to inspect and copy public records shall be denied to: A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and. A person with a concealed carry endorsement under 5-73-322(g) and who is carrying a concealed handgun may not enter a church or other place of worship under this section if the church or other place of worship either places a written notice as permitted under subdivision (18) of this section or provides notice under subdivision (19) of this section prohibiting a person with a license to possess a concealed handgun at the physical location; Any place where the carrying of a firearm is prohibited by federal law; Any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant in the parade or demonstration; 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". 1. 280, 3105; A.S.A. 1653, 2; 2003, No. Arkansas Title 5. 957, 2. 419, 2; 2013, No. 1239, 6, 12; 1999, No. HISTORY: Acts 1981, No. Furnishing a deadly weapon to a minor is a Class A misdemeanor. The Director of the Department of Arkansas State Police shall keep a record of all retired department officers authorized to carry a concealed handgun in the state and shall revoke any authorization for good cause shown. 1947, 41-509; Acts 2003, No. By Karen Ridder | The Department of Arkansas State Police may issue a license under this subchapter to a person who: Is currently serving as an active duty member of, or has recently been honorably discharged from, the United States Armed Forces, the National Guard, or a reserve component of the armed forces of the United States; A completed concealed handgun license application as prescribed by the department; A form specified by the Director of the Department of Arkansas State Police reflecting the fingerprints of the applicant; A properly completed and dated certificate from a concealed handgun carry training instructor who is registered with the department; A letterdated and personally signed by a commanding officer or his or her designee stating that the applicant is of good character and sound judgment; A form, as designated by the department, showing that the applicant has met the military qualification requirements for issuance and operation of a handgun within one (1) year of the application date; A copy of the face or photograph side of a current United States Uniformed Services military identification card, if the applicant is a member of the armed forces; and, An electronic passport-style photo of the applicant, if the applicant does not hold an Arkansas driver's license or identification card; and. Except as provided in 5-73-322, 5-73-306 and 16-21-147, and this section, it is unlawful for a person other than a law enforcement officer, either on-duty or off-duty, a security guard in the employ of the state or an agency of the state, or any city or county, or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds. Participation in an authorized firearms-related activity; Carrying a concealed handgun as authorized under 5-73-322; or. A regulation or rule of the Arkansas State Game and Fish Commission. A concealed handgun license issued, renewed, or obtained under 5-73-314 or 5-73-319 after December 31, 2007, shall bear a digital photograph of the licensee. The items listed in subdivisions (a)(1)-(5) of this section. ), No. . 80, 1; Pope's Dig., 3514; A.S.A. HISTORY: Acts 1975, No. Track pending legislation, contact legislators, get email alerts about legislation you care about and much, much more. If the firearm is listed in subdivision (b)(1) of this section, a violation of this section is a Class B felony. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. Utah "Collegiate athletic event" means a sporting or athletic contest, event, or practice of an individual or team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, or community college competes against themselves or another individual or team of individuals. Thus, if you accidentally discharge your gun in your home, you will be charged with the same class 6 dangerous offense. 881, 1; 2007, No. The right of an individual to defend himself or herself and the life of a person or property in the individual's home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state. 539, 2; 2013, No. 419, 1; 2015, No. US Congress. court opinions. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service. 1947, 41-503. The person or entity exercising control over the physical location of a place that does not use his, her, or its authority under this subdivision (18) to prohibit a person from possessing a concealed handgun is immune from a claim for monetary damages arising from or related to the decision not to place at each entrance to the place a written notice under this subdivision (18). - Discharging firearms; waterfowl hunting. 624.7181 RIFLES AND SHOTGUNS IN PUBLIC PLACES. An applicant whose request for certification is denied may appeal the denial to the circuit court where the applicant resides. 20-2-58. This Article II shall be interpreted in accordance with any sections of the General Statutes . 1189, 4; 1994 (2nd Ex. 280, 501; A.S.A. A business entity, owner or legal possessor of property, or private employer is not liable in a civil action for damages, injuries, or death resulting from or arising out of an employee's or another person's actions involving a handgun transported or stored under 5-73-326(a) or from allowing a person to enter the private employer's place of business or parking lot under 5-73-326(b), including without limitation the theft of a handgun from an employee's private motor vehicle, unless the business entity, owner or legal possessor of property, or private employer intentionally solicited or procured the other person's actions. Free Newsletters The Department of Arkansas State Police shall not promulgate any rule and shall amend any existing rule that would result in a licensee having his or her license to carry a concealed handgun suspended or revoked solely because he or she possessed a handgun and the possession was not in violation of any criminal offense or 5-73-306. No warrant or judge's signature is necessary. HISTORY: Acts 1975, No. discharge of their duties as such, bonded constables in the discharge of their duties as such, conductors, railway mail clerks and express messengers in the discharge of their duties. 134, 1; 2007, No. 842, entering the United States on official law enforcement business, and the receipt or possession of the explosive material is in furtherance of this official law enforcement business; or. 1090, 1, No. 827, 12. HISTORY: Acts 1935, No. ithin one hundred twenty (120) days after the date of receipt of the items listed in 5-73-311(a), the director shall: Deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in this subchapter. A person commits the offense of possession or use of weapons by incarcerated persons if, without approval of custodial authority he or she uses, possesses, makes, repairs, sells, or otherwise deals in any weapon, including, but not limited to, any bomb, firearm, knife, or other implement for the infliction of serious physical injury or death and that serves no common lawful purpose, while incarcerated in the Division of Correction, the Division of Community Correction, or a county or municipal jail or detention facility. 415, 2; 2013, No. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person. 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