Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1737 3
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By: Representatives R. Scott Richardson, Gazaway, Womack, Duffield 5
By: Senator J. Petty 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE PROPERTY OWNER'S RIG HT TO ALLOW 9
FIREARMS ACT; TO PRO TECT PROPERTY OWNERS FROM CIVIL 10
LIABILITY IF THE PRO PERTY OWNER ALLOWS A NONEMPLOYEE 11
TO CARRY A LOADED FI REARM ON THE PROPERT Y; AND TO 12
PROVIDE A CAUSE OF A CTION FOR INJURIES O R DAMAGE IF A 13
PROPERTY OWNER PROHI BITS A NONEMPLOYEE F ROM CARRYING 14
A LOADED FIREARM ON THE PROPERTY. 15
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Subtitle 18
AN ACT TO CREATE THE PROPERTY OWNER'S 19
RIGHT TO ALLOW FIREARMS ACT. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code Title 16 is amended to add an additional 25
chapter to read as follows: 26
CHAPTER 131 27
PROPERTY OWNER'S RIGHT TO ALLOW FIREARMS ACT 28
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16-131-101. Title. 30
This chapter shall be known and may be cited as the "Property Owner's 31
Right to Allow Firearms Act". 32
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16-131-102. Purpose. 34
The purpose of this chapter is to: 35
(1) Protect a property owner from civil liability if the 36 HB1737
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property owner generally allows nonemployees to carry firearms on the 1
property owner's property; and 2
(2) Provide a cause of action against a property owner who 3
generally prohibits nonemployees from carrying firearms on the property 4
owner's property and that prohibition results in injuries or damages. 5
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16-131-103. Definitions. 7
As used in this chapter: 8
(1) “Firearm” means any device designed, made, or adapted to 9
expel a projectile by the action of an explosive or any device readily 10
convertible to that use; 11
(2) "Nonemployee" means an individual: 12
(A) Not employed by the property owner; and 13
(B) Not a prohibited person under § 16 -131-106; and 14
(3) "Property owner" means an individual, group of individuals, 15
or entity that owns, leases, controls, or otherwise operates real property. 16
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16-131-104. Protection from civil liability. 18
(a) If a property owner allows for all nonemployees on the property to 19
carry a loaded firearm, the property owner is not subject to civil liability 20
for any damage, injury, or death resulting from a nonemployee using a loaded 21
firearm on or near the propert y. 22
(b) The fact that a property owner allows for all nonemployees on the 23
property to carry a loaded firearm shall not be used to infer or impute 24
liability in any cause of action against the property owner. 25
(c) Subsection (a) of this section does no t apply to intentional or 26
reckless conduct by the property owner. 27
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16-131-105. Cause of action. 29
(a)(1)(A) If a property owner does not permit all nonemployees on the 30
property to carry a loaded firearm, then an individual who is injured or 31
otherwise damaged on the property in a manner that could have been avoided or 32
lessened had the individual or any other person been carrying a loaded 33
firearm at the time of the injury or damage may bring a civil cause of action 34
against the property owner. 35
(B) If an individual is committing, attempting to commit, 36 HB1737
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conspiring to commit, soliciting another person to commit, or is an 1
accomplice to a criminal offense immediately prior to or during the 2
circumstances that led to the individual's injury or damage, he or she may 3
not bring a civil cause of action under this section for the injury or damage 4
if the criminal offense involves: 5
(i) Violence; 6
(ii) Sexual misconduct; 7
(iii) Damage to property; or 8
(iv) Theft. 9
(2) An individual bringing a civil cause of action under this 10
section may recover all of the following types of damages: 11
(A) Speculative damages; 12
(B) Future damages; 13
(C) Damages for mental anguish; 14
(D) Punitive damages; 15
(E) Actual attorney's fees or reasonab le attorney's fees, 16
whichever are higher; 17
(F) Court costs; and 18
(G) Three (3) times the combined amount of the damages 19
under this subdivision (a)(2). 20
(3) If a plaintiff makes a prima facie case under subdivision 21
(a)(1) of this section, the property owner shall have the burden of proving 22
that the injury or damage could not have been avoided or lessened even if the 23
individual or any other person had been carrying a loaded firearm. 24
(b) A property owner that allowed all nonemployees to carry a loaded 25
firearm on the property at the time of the injury or damage is immune from 26
suit for the cause of action under this section. 27
(c) If a property owner asserts an unsuccessful counterclaim against 28
an individual who prevails in bringing a cause of action under this section, 29
the property owner is liable for the attorney's fees and costs of the 30
individual defending against the unsuccessful counterclaim. 31
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16-131-106. Exceptions. 33
(a) A property owner may prohibit an individual from carrying a l oaded 34
firearm on the property and remain protected from civil liability under § 16 -35
1313-104 and immune from suit under § 16 -131-105 if the individual: 36 HB1737
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(1) Is legally prohibited from carrying a firearm under § 5 -73-1
103; 2
(2) Has been convicted of an offense involving: 3
(A) Public intoxication; 4
(B) Sexual misconduct; 5
(C) Violence; 6
(D) Property destruction; or 7
(E) Theft; 8
(3) Is under eighteen (18) years of age; 9
(4) Is consuming alcohol, unlawfully using a controlled 10
substance, or intoxicated while on the property; 11
(5) Is a former employee of the property owner; or 12
(6) Has been arrested for an offense on any property of the 13
property owner and the outcome of that arrest is still pending or resulted in 14
a conviction. 15
(b) A person who believes they have been wrongfully denied the right 16
to carry a loaded firearm on a property based on the property owner invoking 17
one (1) or more of the exceptions under subse ction (a) of this section may 18
file a complaint with the county sheriff's office, who shall maintain a 19
record of: 20
(1) The name of a person making the complaint; 21
(2) The names of witnesses to a situation in which a person 22
believes they were wrongfull y denied the right to carry a loaded firearm on 23
the property; 24
(3) Contact information for each person making the complaint and 25
any witnesses; and 26
(4) The person's statement as to why he or she believes he or 27
she was wrongfully denied the right to c arry a loaded firearm on the 28
property. 29
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