Arkansas Concealed Carry Question

[neededausername]

I was thinking about getting my concealed carry so I was researching the laws of Arkansas. I'm confused about the legality of carrying a firearm into a restaurant that sells alcohol. ACA §5-73-306 seems to allow it, while ACA §5-73-120 seems to say it's a big no. This is very important to me because I work in a restaurant that sells alcohol.


ACA §5-73-306

(12) Any portion of an establishment, except a restaurant as defined in § 3-9-402, licensed to dispense alcoholic beverages for consumption on the premises;
(13) Any portion of an establishment, except a restaurant as defined in § 3-9-402, where beer or light wine is consumed on the premises;

ACA §5-73-120
(d)(1) Any person who carries a weapon into an establishment that sells alcoholic beverages is guilty of a misdemeanor and subject to a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both.

 

[JB Books]

Usually there is an exception for an owner or manager of a business. I don't know if that exception extends to an employee. Best way is to call and ask.

My impression is that usually LEO and licensing boards are concerned with folks carrying a loaded gun into an actual bar and/or strip joint as opposed to someone eating in the bar area of say Chilis or someplace like that.

 

[neededausername]

I am a manager. In fact one of the reasons I'm wanting to get a concealed carry license is part of the job requires me to make large cash deposits. The owners are to cheap to spring for the armored car service like the other restaurants I've worked at.

 

[grimjaw]

It's easy to see why you are confused about this issue. Arkansas and laws regarding alcohol in general are nonsensical and confusing.

Agreed that best way is to seek clarification from the state.

jm

 

[razorback2003]

Should be legal w/o a license

I know in Arkansas, liquor store workers often carry handguns for obvious reasons, even if they are not the owner. If you are the owner of a true bar, then you can obviously carry there without any sort of permission or even license because it is treated like any other business/home as far as handguns are concerned.

Here is part of the law that allows people who have a business to legally carry without a license:

(c)It is a defense to a prosecution under this section that at the time of the act of carrying a weapon:

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

I would assume if you are a manager it would be considered your place of business.

 

[neededausername]

Well if that's the case then that would be nice. I guess I'll have to make a few phone calls. Any advice on where to start?

 

[JB Books]

Arkansas State Police?

 

[kingpin008]

If you need answers, the best place to go is the Attorney General. The police will not be up on every little nuance of every law, and most likely, they'd either tell you to contact the AG or put you on hold while they did it themselves.

Write a letter asking for clarification. That way, you'll have the response in writing.

 

[RevNate]

The current Attorney General is not a gun-friendly guy.

Arkansas CHL is a program of the Arkansas State Police Regulatory Services Section. You can reach them at (501) 618-8600. In times past, I have found them to be the most reliable source of information on the current CHL laws.

The CHL laws was ammended in the 87th General Assembly (IIRC) to add (12) and (13) of ACA §5-73-306. Previously, it was unlawful with a CHL to carry in any establishment where alcohol was sold for consumption on the premesis.

This is not legal advice, but it basically means you can carry in a resturant that serves alcohol, but not a bar that serves food. Exactly where that line is drawn is a question that only the experts can answer.

 

[Travlin]

I agree with Kingpin. I would get this in writing. Phone advice can always be denied.

 

[kingpin008]

The current Attorney General is not a gun-friendly guy.

He doesn't have to be a gun friendly guy. You're not asking for his opinion, you're asking him to define the law. If he doesn't agree with that law, that's tough - he still has to tell you what it is and what it's limits are.

 

[razorback2003]

Talk to a real lawyer, if you are worried, for advice. The AR AG's office does not give official legal advice. Some of the assistants are nice enough to help with possibly an email, but generally you will not get anything in writing. They only give official opinions to politicians.

 

[kingpin008]

It's not legal advice, though. It's the definition of a law.

 

[redbandit98]

im in the same boat as you. Ive been told both ways by different instructors. Im not going to disclose the way I handle it on a public forum, but sure would like to know the real answer.