Arkansas 2023 Regular Session

Arkansas House Bill HB1737 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 749 of the Regular Session
3	2		MBM138 04-03-2023 13:09:54 MBM138
4	3
5	4		State of Arkansas As Engrossed: H4/3/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1737 3
8	7		4
9	8		By: Representatives R. Scott Richardson, Gazaway, Womack, Duffield 5
10	9		By: Senator J. Petty 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO CREATE THE PROPERTY OWNER'S RIG HT TO ALLOW 9
14	13		FIREARMS ACT; AND TO PROTECT PROPERTY OWN ERS FROM 10
15	14		CIVIL LIABILITY IF T HE PROPERTY OWNER AL LOWS A 11
16	15		NONEMPLOYEE TO CARRY A LOADED FIREARM ON THE 12
17	16		PROPERTY. 13
18	17		14
19	18		Subtitle 15
20	19		AN ACT TO CREATE THE PROPERTY OWNER'S 16
21	20		RIGHT TO ALLOW FIREARMS ACT. 17
22	21		18
23	22		19
24	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
25	24		21
26	25		SECTION 1. Arkansas Code Title 16 is amended to add an additional 22
27	26		chapter to read as follows: 23
28	27		CHAPTER 131 24
29	28		PROPERTY OWNER'S RIGHT TO ALLOW FIREARMS ACT 25
30	29		26
31	30		16-131-101. Title. 27
32	31		This chapter shall be known and may be cited as the "Property Owner's 28
33	32		Right to Allow Firearms Act". 29
34	33		30
35	34		16-131-102. Purpose. 31
36	35		The purpose of this chapter is to protect a property owner from civil 32
37	36		liability if the property owner generally allows nonemployees to carry 33
38	37		firearms on the property owner's property. 34
39	38		35
40	39		36 As Engrossed: H4/3/23 HB1737
41	40
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44	43
45	44		16-131-103. Definitions. 1
46	45		As used in this chapter: 2
47	46		(1) “Firearm” means any device designed, made, or adapted to 3
48	47		expel a projectile by the action of an explosive or any device readily 4
49	48		convertible to that use; 5
50	49		(2) "Nonemployee" means an individual: 6
51	50		(A) Not employed by the property owner; and 7
52	51		(B) Not a prohibited person under § 16-131-105; and 8
53	52		(3) "Property owner" means an individual, group of individuals, 9
54	53		or entity that owns, leases, controls, or otherwise operates real property. 10
55	54		11
56	55		16-131-104. Protection from civil liability. 12
57	56		(a) If a property owner allows for all nonemployees on the pro perty to 13
58	57		carry a loaded firearm, the property owner is not subject to civil liability 14
59	58		for any damage, injury, or death resulting from a nonemployee using a loaded 15
60	59		firearm on or near the property. 16
61	60		(b) The fact that a property owner allows for all nonemp loyees on the 17
62	61		property to carry a loaded firearm shall not be used to infer or impute 18
63	62		liability in any cause of action against the property owner. 19
64	63		(c) Subsection (a) of this section does not apply to intentional or 20
65	64		reckless conduct by the property owner. 21
66	65		22
67	66		16-131-105. Exceptions. 23
68	67		(a) A property owner may prohibit an individual from carrying a loaded 24
69	68		firearm on the property and remain protecte d from civil liability under § 16 -25
70	69		131-104 if the individual: 26
71	70		(1) Is legally prohibited from carrying a firearm under § 5 -73-27
72	71		103; 28
73	72		(2) Has been convicted of an offense involving: 29
74	73		(A) Public intoxication; 30
75	74		(B) Sexual misconduct; 31
76	75		(C) Violence; 32
77	76		(D) Property destruction; or 33
78	77		(E) Theft; 34
79	78		(3) Is under eighteen (18) years of age; 35
80	79		(4) Is consuming alcohol, unlawfully using a controlled 36 As Engrossed: H4/3/23 HB1737
81	80
82	81		3 04-03-2023 13:09:54 MBM138
83	82
84	83
85	84		substance, or intoxicated while on the property; 1
86	85		(5) Is a former employee of the proper ty owner; or 2
87	86		(6) Has been arrested for an offense on any property of the 3
88	87		property owner and the outcome of that arrest is still pending or resulted in 4
89	88		a conviction. 5
90	89		(b) A person who believes they have been wrongfully denied the right 6
91	90		to carry a loaded firearm on a property based on the property owner invoking 7
92	91		one (1) or more of the exceptions under subsection (a) of this section may 8
93	92		file a complaint with the county sheriff's office, who shall maintain a 9
94	93		record of: 10
95	94		(1) The name of a person making the complaint; 11
96	95		(2) The names of witnesses to a situation in which a person 12
97	96		believes they were wrongfully denied the right to carry a loaded firearm on 13
98	97		the property; 14
99	98		(3) Contact information for each person making the complaint and 15
100	99		any witnesses; and 16
101	100		(4) The person's statement as to why he or she believes he or 17
102	101		she was wrongfully denied the right to carry a loaded firearm on the 18
103	102		property. 19
104	103		20
105	104		21
106	105		22
107	106		/s/R. Scott Richardson 23
108	107		24
109	108		25
110		-	~~APPROVED: 4/12/23~~ 26
	109	+	26
111	110		27
112	111		28
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