Arkansas Statewide Rule
Arkansas Firearms Local Preemption Statute
Key Facts
- Codified at Ark.
- Codified at Ark. Code 14-16-504
- Applies to all
- Applies to all cities and counties statewide
- Local discharge ordinances
- Local discharge ordinances still permitted
- Preempts ammunition and
- Preempts ammunition and component regulation
Summary
Arkansas law preempts cities and counties from regulating firearms, ammunition, and components. Local rules conflicting with state law are void, with limited exceptions for public buildings and employer policies recognized by statute.
(a) As used in this section, "local unit of government" means a city, town, or county. (b) (1) (A) Except as otherwise provided in state or federal law, a local unit of government shall not enact an ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of: (i) Firearms; (ii) Ammunition for firearms; (iii) Components of firearms; (iv) Knives; or (v) Knife-making components. (B) The provision in subdivision (b)(1)(A) of this section does not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. (2) (A) A local unit of government shall not have the authority to bring suit and shall not have the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. (B) The authority to bring any suit and the right to recover against any firearm or ammunition manufacturer, trade association, or dealer for damages, abatement, or injunctive relief shall be reserved exclusively to the State of Arkansas.
Full Breakdown
Arkansas Code 14-16-504 reserves to the state the regulation of firearm ownership, transportation, and possession. Counties and municipalities cannot enact ordinances regulating firearms, ammunition, or related components inconsistent with state statute. Limited exceptions include reasonable public-building rules and ordinances regulating discharge of firearms within municipal limits. Subdivisions adopting prohibited ordinances may face civil action. The preemption protects uniform statewide rights for lawful gun owners traveling among Arkansas jurisdictions.
Violations & Penalties
Local ordinances exceeding state authority are unenforceable; aggrieved persons may seek declaratory or injunctive relief against the political subdivision attempting enforcement.
Frequently Asked Questions
Can an Arkansas city ban open carry locally?
Are there any exceptions to preemption?
Sources
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