Stricken language would be deleted from and underlined language would be added to present law.
Act 749 of the Regular Session
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State of Arkansas As Engrossed: H4/3/23 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; AND TO PROTECT PROPERTY OWN ERS FROM 10
CIVIL LIABILITY IF T HE PROPERTY OWNER AL LOWS A 11
NONEMPLOYEE TO CARRY A LOADED FIREARM ON THE 12
PROPERTY. 13
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Subtitle 15
AN ACT TO CREATE THE PROPERTY OWNER'S 16
RIGHT TO ALLOW FIREARMS ACT. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code Title 16 is amended to add an additional 22
chapter to read as follows: 23
CHAPTER 131 24
PROPERTY OWNER'S RIGHT TO ALLOW FIREARMS ACT 25
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16-131-101. Title. 27
This chapter shall be known and may be cited as the "Property Owner's 28
Right to Allow Firearms Act". 29
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16-131-102. Purpose. 31
The purpose of this chapter is to protect a property owner from civil 32
liability if the property owner generally allows nonemployees to carry 33
firearms on the property owner's property. 34
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16-131-103. Definitions. 1
As used in this chapter: 2
(1) “Firearm” means any device designed, made, or adapted to 3
expel a projectile by the action of an explosive or any device readily 4
convertible to that use; 5
(2) "Nonemployee" means an individual: 6
(A) Not employed by the property owner; and 7
(B) Not a prohibited person under § 16-131-105; and 8
(3) "Property owner" means an individual, group of individuals, 9
or entity that owns, leases, controls, or otherwise operates real property. 10
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16-131-104. Protection from civil liability. 12
(a) If a property owner allows for all nonemployees on the pro perty to 13
carry a loaded firearm, the property owner is not subject to civil liability 14
for any damage, injury, or death resulting from a nonemployee using a loaded 15
firearm on or near the property. 16
(b) The fact that a property owner allows for all nonemp loyees on the 17
property to carry a loaded firearm shall not be used to infer or impute 18
liability in any cause of action against the property owner. 19
(c) Subsection (a) of this section does not apply to intentional or 20
reckless conduct by the property owner. 21
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16-131-105. Exceptions. 23
(a) A property owner may prohibit an individual from carrying a loaded 24
firearm on the property and remain protecte d from civil liability under § 16 -25
131-104 if the individual: 26
(1) Is legally prohibited from carrying a firearm under § 5 -73-27
103; 28
(2) Has been convicted of an offense involving: 29
(A) Public intoxication; 30
(B) Sexual misconduct; 31
(C) Violence; 32
(D) Property destruction; or 33
(E) Theft; 34
(3) Is under eighteen (18) years of age; 35
(4) Is consuming alcohol, unlawfully using a controlled 36 As Engrossed: H4/3/23 HB1737
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substance, or intoxicated while on the property; 1
(5) Is a former employee of the proper ty owner; or 2
(6) Has been arrested for an offense on any property of the 3
property owner and the outcome of that arrest is still pending or resulted in 4
a conviction. 5
(b) A person who believes they have been wrongfully denied the right 6
to carry a loaded firearm on a property based on the property owner invoking 7
one (1) or more of the exceptions under subsection (a) of this section may 8
file a complaint with the county sheriff's office, who shall maintain a 9
record of: 10
(1) The name of a person making the complaint; 11
(2) The names of witnesses to a situation in which a person 12
believes they were wrongfully denied the right to carry a loaded firearm on 13
the property; 14
(3) Contact information for each person making the complaint and 15
any witnesses; and 16
(4) The person's statement as to why he or she believes he or 17
she was wrongfully denied the right to carry a loaded firearm on the 18
property. 19
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/s/R. Scott Richardson 23
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APPROVED: 4/12/23 26
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