Arkansas Residents can only carry with Arkansas permits?

Arkansas Residents can only carry with Arkansas permits?

This is a discussion on Arkansas Residents can only carry with Arkansas permits? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I heard a disturbing rumor today, that an Arkansas citizen was told by a state trooper that he could not carry on a non resident ...

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  1. #1
    Member Array John Luttrel's Avatar
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    Arkansas Residents can only carry with Arkansas permits?

    I heard a disturbing rumor today, that an Arkansas citizen was told by a state trooper that he could not carry on a non resident permit from another state.

    I just moved to Arkansas from Texas and had a Texas resident and a Florida Non resident permit when I moved. I contacted both states and asked them what I needed to do and if my permits would be honored in Arkansas.

    I was told by both Texas and Florida, that all I needed to do was change my address on my permits and they would both be honored in the state of Arkansas. So of course I completed the change of address and pressed on with pride, until I heard on another board today that an Arkansas state trooper told a guy he could not carry on Florida non resident permit, because he is an Arkansas resident.

    I have searched high and low and every thing I can find on the internet says the state trooper is wrong. Of course I plan on getting an Arkansas permit when my Texas one expires, but I just paid for it last year and don't want to blow more money just to pass all the same back ground checks I just passed last year, if I don't have to.

    Here is the current state law:

    5-73-321. Recognition of other states' licenses.

    (a) A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter if the state that issued the license to carry a concealed handgun recognizes a license to carry a concealed handgun issued under this subchapter.
    (b) The Director of the Department of Arkansas State Police shall:
    (1) Make a determination as to which states' licenses to carry concealed handguns will be recognized in Arkansas and provide that list to every law enforcement agency within the state; and
    (2) Revise the list from time to time and provide the revised list to every law enforcement agency in this state.

    History. Acts 2009, No. 748, 43.
    John Luttrell


  2. #2
    Member Array tommy3rd's Avatar
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    Since you are now a resident of Arkansas, I believe you can't use a non resident permit. It's the same reason you don't wait for your TX driver's license to expire until you apply for an Arkansas license.

  3. #3
    Member Array John Luttrel's Avatar
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    Quote Originally Posted by tommy3rd View Post
    Since you are now a resident of Arkansas, I believe you can't use a non resident permit. It's the same reason you don't wait for your TX driver's license to expire until you apply for an Arkansas license.

    That is incorrect, according to the law.
    John Luttrell

  4. #4
    Member Array knuckledragr's Avatar
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    It is all about residency. You are now an Arkansas resident, so you need an Arkansas permit, just as you would need a drivers license once you have moved and established gainful employment. It costs $35 plus the background check fees to transfer your license. Here is that section from the Arkansas chcl rule book:

    5-73-319. Transfer of a license to Arkansas.
    (a) Any person who becomes a resident of Arkansas who has a valid license to
    carry a concealed handgun issued by a reciprocal state may apply to transfer
    his or her license to Arkansas by submitting the following to the Department of
    Arkansas State Police:
    (1) The person's current reciprocal state license;
    (2) Two (2) properly completed fingerprint cards;
    (3) A nonrefundable license fee of thirty-five dollars ($35.00);
    (4) Any fee charged by a state or federal agency for a criminal history
    check; and
    (5) A digital photograph of the person or a release authorization to obtain a
    digital photograph of the person from another source.



    You would have to contact a lawyer about the legalities of carrying with an out of state non-resident permit. I would re-think the driver's license thing while you are at it too.

  5. #5
    Member Array John Luttrel's Avatar
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    Quote Originally Posted by knuckledragr View Post
    It is all about residency. You are now an Arkansas resident, so you need an Arkansas permit, just as you would need a drivers license once you have moved and established gainful employment. It costs $35 plus the background check fees to transfer your license. Here is that section from the Arkansas chcl rule book:

    5-73-319. Transfer of a license to Arkansas.
    (a) Any person who becomes a resident of Arkansas who has a valid license to
    carry a concealed handgun issued by a reciprocal state may apply to transfer
    his or her license to Arkansas by submitting the following to the Department of
    Arkansas State Police:
    (1) The person's current reciprocal state license;
    (2) Two (2) properly completed fingerprint cards;
    (3) A nonrefundable license fee of thirty-five dollars ($35.00);
    (4) Any fee charged by a state or federal agency for a criminal history
    check; and
    (5) A digital photograph of the person or a release authorization to obtain a
    digital photograph of the person from another source.



    You would have to contact a lawyer about the legalities of carrying with an out of state non-resident permit. I would re-think the driver's license thing while you are at it too.
    The law states 'may', not shall or will transfer the carry permit. I do have an Arkansas drivers license; the law does say I shall transfer my drivers license to Arkansas.
    John Luttrell

  6. #6
    Senior Member Array digitalexplr's Avatar
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  7. #7
    Member Array John Luttrel's Avatar
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    Quote Originally Posted by digitalexplr View Post

    This site also says Arkansas honors non resident permits.

    The Arkansas state law plainly states in 5-73-321. Recognition of other states' licenses.

    (a) A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter if the state that issued the license to carry a concealed handgun recognizes a license to carry a concealed handgun issued under this subchapter.
    John Luttrell

  8. #8
    Member Array knuckledragr's Avatar
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    Quote Originally Posted by John Luttrel View Post
    The law states 'may', not shall or will transfer the carry permit. I do have an Arkansas drivers license; the law does say I shall transfer my drivers license to Arkansas.
    the law states that one may apply to transfer. Arkansas is a SHALL issue state, that means if you meet requirements, you shall be issued a license.

    John, it kind of seems like you have already made up your mind to carry this way. Best of luck to you. My best advice still stands, contact a lawyer.

  9. #9
    Member Array John Luttrel's Avatar
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    There are 4 states that will not honor a permit issued by any state to a nonresident of that state and Arkansas is not one of them; those states are:

    Colorado
    Michigan
    New Hampshire
    South Carolina
    John Luttrell

  10. #10
    Member Array John Luttrel's Avatar
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    I finally got through to my local Law Enforcement Office and was told that in accordance with Arkansas Law 5-73-321 (recognition of other states' licenses), Arkansas honors my Texas and Florida Non residence permits. But he did advise switching when they expire due to the fact that not all officers understand the law and may question it.
    John Luttrell

  11. #11
    Member Array tommy3rd's Avatar
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    Quote Originally Posted by John Luttrel View Post
    But he did advise switching when they expire due to the fact that not all officers understand the law and may question it.
    If it was me, that is a good enough reason to bite the bullet and apply for the Arkansas ccw. I don't want the trouble or hassle if I ever come across a LEO who doesn't understand the law.
    Good luck, and hopefully you don't come across a clueless LEO.

  12. #12
    Member Array mrjam2jab's Avatar
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    Quote Originally Posted by John Luttrel View Post
    There are 4 states that will not honor a permit issued by any state to a nonresident of that state and Arkansas is not one of them; those states are:

    Colorado
    Michigan
    New Hampshire
    South Carolina
    Add FL and ME to that list

    Quote Originally Posted by John Luttrel View Post
    I finally got through to my local Law Enforcement Office and was told that in accordance with Arkansas Law 5-73-321 (recognition of other states' licenses), Arkansas honors my Texas and Florida Non residence permits. But he did advise switching when they expire due to the fact that not all officers understand the law and may question it.
    Get the AR license AND maintain the other 2 since you already have them..

  13. #13
    Ex Member Array Ram Rod's Avatar
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    Quote Originally Posted by tommy3rd View Post
    Since you are now a resident of Arkansas, I believe you can't use a non resident permit. It's the same reason you don't wait for your TX driver's license to expire until you apply for an Arkansas license.
    Zactly

    Where's HotGuns?

    Welcome to the Arkansas by the way!

  14. #14
    Senior Member Array press1280's Avatar
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    Numerous other states don't allow residents to carry on out of state permits.
    "The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree..."
    Nunn v. State GA 1848

  15. #15
    Member Array John Luttrel's Avatar
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    Quote Originally Posted by mrjam2jab View Post
    Add FL and ME to that list



    Get the AR license AND maintain the other 2 since you already have them..
    The state of Arkansas wants me to send in my Texas permit with the transfer paper work and they say it take up to 120 days. I plan on doing the transfer this month and just carrying on my Florida permit until I get the Arkansas license back; our local sheriffs department said that I am legal as is, with either of my permits, but why risk the hassle of running into an uninformed LEO.
    John Luttrell

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