Stricken language would be deleted from and underlined language would be added to present law. Act 746 of the Regular Session *BPG222* 02-21-2013 11:32:41 BPG222

 State of Arkansas As Engrossed: H3/12/13 H3/20/13 1

89th General Assembly A Bill 2

Regular Session, 2013 HOUSE BILL 1700 3

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By: Representatives D. Altes, Alexander, Ballinger, Barnett, Bell, Bragg, Carnine, Cozart, Dale, 5 Deffenbaugh, C. Douglas, Hammer, Hobbs, Lea, S. Meeks, Rice, Scott, Westerman, Word 6

By: Senators Files, A. Clark, B. King, J. Woods 7

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For An Act To Be Entitled 9

AN ACT MAKING TECHNICAL CORRECTIONS CONCERNING THE 10 POSSESSION OF A HANDGUN AND OTHER WEAPONS IN CERTAIN 11 PLACES; AND FOR OTHER PURPOSES. 12

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Subtitle 15

MAKING TECHNICAL CORRECTIONS CONCERNING 16 THE POSSESSION OF A HANDGUN AND OTHER 17 WEAPONS IN CERTAIN PLACES. 18

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21

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SECTION 1. Arkansas Code § 5-73-119(e), concerning defense to 23 prosecution for possession of a handgun in certain places, is amended to read 24 as follows: 25

(e) It is a defense to prosecution under It is permissible to carry a 26 handgun under this section that if at the time of the act of possessing a 27 handgun or firearm: 28

(1) The person is in his or her own dwelling or place of 29 business or on property in which he or she has a possessory or proprietary 30 interest, except upon the property of a public or private institution of 31 higher learning; 32

(2) The person is a law enforcement officer, correctional 33 officer, or member of the armed forces acting in the course and scope of his 34 or her official duties; 35

(3) The person is assisting a law enforcement officer, 36 As Engrossed: H3/12/13 H3/20/13 HB1700 2 02-21-2013 11:32:41 BPG222

correctional officer, or member of the armed forces acting in the course and 1 scope of his or her official duties pursuant to the direction or request of 2 the law enforcement officer, correctional officer, or member of the armed 3 forces; 4

(4) The person is a licensed registered commissioned security 5 guard acting in the course and scope of his or her duties; 6

(5) The person is hunting game with a handgun or firearm that 7 may be hunted with a handgun or firearm under the rules and regulations of 8 the Arkansas State Game and Fish Commission or is en route to or from a 9 hunting area for the purpose of hunting game with a handgun or firearm; 10

(6) The person is a certified law enforcement officer; 11

(7) The person is on a journey beyond the county in which the 12 person lives, unless the person is eighteen (18) years of age or less;. 13

(8) The person is participating in a certified hunting safety 14 course sponsored by the commission or a firearm safety course recognized and 15 approved by the commission or by a state or national nonprofit organization 16 qualified and experienced in firearm safety; 17

(9) The person is participating in a school-approved educational 18 course or sporting activity involving the use of firearms; or 19

(10) The person is a minor engaged in lawful marksmanship 20 competition or practice or other lawful recreational shooting under the 21 supervision of his or her parent, legal guardian, or other person twenty-one 22 (21) years of age or older standing in loco parentis or is traveling to or 23 from this activity a lawful marksmanship competition or practice or other 24 lawful recreational shooting with an unloaded handgun or firearm accompanied 25 by his or her parent, legal guardian, or other person twenty-one (21) years 26 of age or older standing in loco parentis. 27

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SECTION 2. Arkansas Code § 5-73-120 is amended to read as follows: 29

5-73-120. Carrying a weapon. 30

(a) A person commits the offense of carrying a weapon if he or she 31 possesses a handgun, knife, or club on or about his or her person, in a 32 vehicle occupied by him or her, or otherwise readily available for use with a 33 purpose to attempt to unlawfully employ the handgun, knife, or club as a 34 weapon against a person. 35

(b) As used in this section: 36 As Engrossed: H3/12/13 H3/20/13 HB1700 3 02-21-2013 11:32:41 BPG222

(1) “Club” means any instrument that is specially designed, 1 made, or adapted for the purpose of inflicting serious physical injury or 2 death by striking, including a blackjack, billie, and sap; 3

(2) “Handgun” means any firearm with a barrel length of less 4 than twelve inches (12") that is designed, made, or adapted to be fired with 5 one (1) hand; and 6

(3) "Journey" means travel beyond the county in which a person 7 lives; and 8

(3)(A)(4) “Knife” means any bladed hand instrument three inches 9 (3") or longer that is capable of inflicting serious physical injury or death 10 by cutting or stabbing., 11

(B) “Knife” includes including a dirk, a sword or spear in 12 a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterfly 13 knife. 14

(c) It is a defense to a prosecution permissible to carry a handgun 15 under this section that if at the time of the act of carrying a weapon: 16

(1) The person is in his or her own dwelling, or place of 17 business, or on property in which he or she has a possessory or proprietary 18 interest; 19

(2) The person is a law enforcement officer, correctional 20 officer, or member of the armed forces acting in the course and scope of his 21 or her official duties; 22

(3) The person is assisting a law enforcement officer, 23 correctional officer, or member of the armed forces acting in the course and 24 scope of his or her official duties pursuant to the direction or request of 25 the law enforcement officer, correctional officer, or member of the armed 26 forces; 27

(4) The person is carrying a weapon when upon a journey, unless 28 the journey is through a commercial airport when presenting at the security 29 checkpoint in the airport or is in the person's checked baggage and is not a 30 lawfully declared weapon; 31

(5) The person is a licensed registered commissioned security 32 guard acting in the course and scope of his or her duties; 33

(6) The person is hunting game with a handgun that may be hunted 34 with a handgun under rules and regulations of the Arkansas State Game and 35 Fish Commission or is en route to or from a hunting area for the purpose of 36 As Engrossed: H3/12/13 H3/20/13 HB1700 4 02-21-2013 11:32:41 BPG222

hunting game with a handgun; 1

(7) The person is a certified law enforcement officer; or 2

(8) The person is in a motor vehicle is in possession of a 3 concealed handgun and the person has a valid license to carry a concealed 4 weapon pursuant to handgun under § 5-73-301 et seq., or recognized under § 5-5 73-321 and is not in a prohibited place as defined by § 5-73-306; or 6

(9) The person is in possession of a handgun and is a retired 7 law enforcement officer with a valid concealed carry authorization issued 8 under federal or state law. 9

(d)(1) Any person who carries a weapon into an establishment that 10 sells alcoholic beverages is guilty of a misdemeanor and subject to a fine of 11 not more than two thousand five hundred dollars ($2,500) or imprisonment for 12 not more than one (1) year, or both. 13

(2) Otherwise, carrying Carrying a weapon is a Class A misdemeanor. 14

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/s/D. Altes 16

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APPROVED: 04/04/2013 19

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