In addition to any other powers conferred upon the Governor by law, the Governor may: Suspend the provisions of any regulatory statutes prescribing the procedures for conduct of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency; Utilize all available resources of the state government and of each political subdivision of the state as reasonably necessary to cope with the disaster emergency; Transfer the direction, personnel, or functions of state departments and agencies or units of state departments and agencies for the purpose of performing or facilitating emergency management; Subject to any applicable requirements for compensation under 12-75-124, commandeer or utilize any private property if he or she finds this necessary to cope with the disaster emergency; Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if the Governor deems this action necessary for the preservation of life or other disaster mitigation, response, or recovery; Prescribe routes, modes of transportation, and destinations in connection with evacuation; Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein; Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles; and. 153A-129. 763, 2; 2003, No. All federal forfeitures to a prosecuting attorney's office shall be deposited in a separate account pursuant to 5-64-505(i)(4). 1947, 41-3159. Please check with the actual state website for any additions / revisions to law that may have been made. An active duty member of the armed forces of the United States, a member of the National Guard, or a member of a reserve component of the armed forces of the United States, who is on active duty outside this state may renew his or her license within thirty (30) days after the person returns to this state by submitting to the department: Proof of assignment outside of this state on the expiration date of the license; and. A public display authorized by a public or private school. ), No. It is the specific intent of this section that the following shall not be deemed to be made open to the public under the provisions of this chapter: Medical records, adoption records, and education records as defined in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 595, 1; 1995, No. 259, 2; 2005, No. Sess. 99, 2; 2011, No. 1201, 1; 2011, No. American Legal Publishing and the jurisdiction whose laws are being translated do not vouch for the accuracy of any translated versions of such laws. "Employee of a local detention facility" means a person who: Monitoring inmates in a local detention facility; or. HISTORY: Acts 1975, No. or 7.63 mm ) or larger caliber possessed in violation of this subchapter may issue in the same manner and under the same restrictions as provided by law for stolen property, and any court of record upon application of the prosecuting attorney shall have jurisdiction and power to order any illegal machine gun, thus legally seized, to be confiscated and either destroyed or delivered to a law enforcement officer of the state or a political subdivision of the state. Sess. Except as otherwise provided in this section, any person who carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor. 910, 1; 2013, No. 315, 968. The director may deny a license to carry a concealed handgun if the county sheriff or chief of police, if applicable, of the applicant's place of residence or the director or the director's designee submits an affidavit that the applicant has been or is reasonably likely to be a danger to himself or herself or others or to the community at large, as demonstrated by past patterns of behavior or participation in an incident involving unlawful violence or threats of unlawful violence, or if the applicant is under a criminal investigation at the time of applying for a license to carry a concealed handgun. 1017, 1. 1947, 11-108, 11-120; Acts 2007, No. . A person having the power to direct or cause the direction of the management and policies of a corporation, partnership, or association licensed under 18 U.S.C. 1947, 41-3174, 41-3175; Acts 2009, No. These documents should not be relied upon as the definitive authority for local legislation. Reply. HISTORY: Acts 1975, No. Connecticut Knows or has reasonable cause to believe that the explosive material was stolen. "Explosive" includes, without limitation: Any material determined to be within the scope of 18 U.S.C. (a) In addition to any other prohibitions which may exist by law, it shall be unlawful for any person to shoot or discharge any firearms: (1) Across or in any public road in this state, at any time; (2) Within five hundred feet of any school or church; or We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. HISTORY: Acts 1995, No. The presentment of proof of a license to carry a concealed handgun in electronic form does not: Authorize a search of any other content of an electronic device without a search warrant or probable cause; or. This paragraph does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure without the consent of the owner or occupant of the structure. For the purposes of this paragraph: (a) "Occupied structure" means any building in which, at the time of the firearm's discharge, a reasonable person from the location where a firearm is discharged would expect a person to be present. 829, 1; 1989, No. By Karen Ridder | The director shall establish and maintain a current hazard vulnerability analysis of key critical public facilities eligible for assistance under the Governor's hazard mitigation fund. 933, 2, No. A place owned or operated by a private entity that chooses not to post a written notice as described under subdivision (18)(A) of this section may provide written or verbal notification to a licensee who is carrying a concealed handgun at the place owned or operated by a private entity that carrying of a concealed handgun is prohibited. A lottery under the Arkansas Scholarship Lottery Act, 23-115-101 et seq. HISTORY: Acts 1985, No. 1947, 41-3162. The initial amount of the disaster response fund shall be in the amount of two million dollars ($2,000,000), solely for use to defray the cost of immediate emergency response. The Governor's disaster fund may be increased from time to time at the discretion of the Governor. A list of all persons known to the law enforcement agency, after diligent search and inquiry, who may claim an ownership interest in the property by title or registration or by virtue of a lien allegedly perfected in the manner prescribed by law. Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer. On New Years Eve, at Midnight, some foolish people shoot a gun into the air to celebrate. Texas Defend himself or herself or a third person from what the law enforcement officer reasonably believes to be the use or imminent use of deadly physical force. Feb 20, 2013 #6 General Zod TGT Addict. A person discharging a firearm in the lawful defense of person or property; 2. HISTORY: Acts 1975, No. Additionally, a licensee who fails to file a renewal application on or before the expiration date shall renew his or her license by paying a late fee of fifteen dollars ($15.00). The sum of three million two hundred fifty thousand dollars ($3,250,000) from the catastrophic loss fund solely for use in catastrophic losses suffered by both individuals and public entities. As used in this subdivision (e)(12), "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles or a designated drop-off zone for children at a school. The language of the code section reads: Wisconsin HISTORY: Acts 1975, No. ), No. 1947, 41-508. After July 31, 2007, a license or renewal of a license issued to a former elected or appointed sheriff of any county of this state shall be issued for a period of five (5) years. You should take no action solely on the basis of this publications contents. In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion. 646, 20, 21; 2001, 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. Fayetteville also prohibits the firing of guns within city limits except at designated gun clubs or firing ranges. 45, 1; Acts 2019, No. Notice of the show cause proceedings may be given in the manner provided for service of criminal summons under Rule 6.3 of Arkansas Rules of Criminal Procedure. court opinions. Sign up today to get the most out of our service. Immediate revocation if the license has already been issued; A statement that the applicant desires a legal means to carry a concealed handgun to defend himself or herself; A statement of whether the applicant is applying for: An unrestricted license, that allows the person to carry any handgun; or. The manufacture for and sale of machine guns to the military forces or the peace officers of the United States or of any political subdivision of the United States, or the transportation required for that purpose; The possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or. The ordinances are also designed to protect citizens from animals. 649, 1-4; 1993, No. Many states require a waiting period and have several restrictions on the carrying of handguns, while other states are much more permissive. However, possession of a defaced firearm is a Class A misdemeanor if the manufacturer's serial number or other identification mark required by law is merely covered or obstructed, but still retrievable. (a) It shall be unlawful for any unauthorized person to fire or discharge any gun, pistol, rifle or other firearm of any description within the city, or from without the corporate limits of the city and permit any shot, projectile, B-B's, slugs or ammunition to fall within the city. 1947, 41-3101; Acts 2001, No. HISTORY: Acts 1975, No. 873, 1; 1997, No. No license shall be renewed six (6) months or more after its expiration date, and the license is deemed to be permanently expired. (city, ZIP code or country) Find a Lawyer. 545, 3; 2007, No. A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of force that he or she reasonably believes to be necessary. An instructor authorized to conduct a training course required by this subchapter shall check the application of a student for completeness, accuracy, and legibility. However, subdivision (14)(A) of this section does not apply to; Allows the licensee to carry a concealed handgun into the church or other place of worship under this section; and, Allows the licensee to possess a concealed handgun on the developed property of the kindergarten through grade twelve (K-12) private school under 5-73-119(e);or. HISTORY: Acts 1995, No. When a person is justified under this subchapter in using physical force but he or she recklessly or negligently injures or creates a substantial risk of injury to a third party, the justification afforded by this subchapter is unavailable in a prosecution for the recklessness or negligence toward the third party. 315, 173. ), No. "Public law enforcement department, office, or agency" means any public police department, county sheriff's office, or other public agency, force, or organization whose primary responsibility as established by law, statute, or ordinance is the enforcement of the criminal, traffic, or highway laws of this state. or 7.63 mm.) 664, 7; 2007, No. It is a defense to prosecution under this section if the person is: A lawenforcement officer acting in his or her official capacity; or. HISTORY: Acts 1995, No. Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance. HISTORY: Acts 1975, No. HISTORY: Acts 1975, No. A witness was present and observed our client firing the gun. B. L. No. HISTORY: Acts 1975, No. 1157, as it existed on January 1, 2009, or in asylum status under 8 U.S.C. Should the Governor proclaim a state of insurrection or emergency hereunder and in the event the local courts or law enforcement officers are incapable of functioning, such legal functions in furtherance of the enforcement of the civil laws of the state shall be performed by the militia. Section 4-201. "Discharging a firearm in town limits is illegal. 1947, 41-3157. A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed handgun into a building or event of the kindergarten through grade twelve (K-12) private school or the prekindergarten private school. 1994, 491. HISTORY: Acts 1975, No. 280, 3106; A.S.A. 923, as it existed on January 1, 2013, to engage in the business of dealing in firearms; and. If a license to carry a concealed handgun is lost or destroyed, or a duplicate is requested, the person to whom the license to carry a concealed handgun was issued shall comply with the provisions of subsection (a) of this section and may obtain a duplicate license or replacement license upon: Paying the Department of Arkansas State Police of a fee established by the director under the Arkansas Administrative Procedure Act, 25-15-201 et seq. 188, 1, No. On Wednesday, March 11, at 7:44 p.m., Officers with the Grand Forks Police Department were dispatched to the 1600-block of 12th Ave. South for a report of a discharge of a firearm within city limits. When certification by the chief law enforcement officer of a jurisdiction is required by federal law or regulation for the transfer or manufacture of a firearm within fifteen (15) days of receipt of a request for certification, the chief law enforcement officer or his or her designee shall provide the certification if the applicant is not prohibited by law from receiving or manufacturing the firearm or is not the subject of a proceeding that could result in the applicant's being prohibited by law from receiving or manufacturing the firearm. However, the prosecuting attorney and all members of his or her office shall have no greater arrest powers than those accorded all citizens under the Arkansas Constitution and the Arkansas Code. 226, 5; 2015, No. Arizona HISTORY: Acts 1994 (2nd Ex. 280, 3104; A.S.A. Receive breaking news and original analysis - sent right to your inbox. 951, 2. Warrant to search any house or place and seize any machine gun adapted to use pistol cartridges of 30 (.30 in. Vote Now. An applicant requesting an unrestricted license shall establish proficiency in the use of a semiautomatic handgun. 1120, 14. - Discharging firearms; waterfowl hunting. No person shall fire or discharge, or cause to be fired or discharged within the limits of the city any cannon, anvil, gun, pistol or other firearm, except as hereinafter provided. Police said McKell was trying to disarm the gun on Oct. 31 in order to check it when it went off, hitting the lower corner of the wall. However, the pregnant woman is not obligated to retreat or surrender possession of property as described in 5-2-607(b) unless the pregnant woman knows she can avoid the necessity of using deadly physical force and simultaneously ensure the complete safety of her unborn child. 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