Definitions are adopted as follows:

1. (1)

   1. (A) “Active duty military” means any person serving full time in the active military service of the United States of America, including members of reserve components, under published orders for active duty or full-time training.
   2. (B) “Active duty military” does not include a member who is performing active duty under a call or order for a specified period of less than thirty-one (31) calendar days;
2. (2) “Administrator” means the designee of the Director of the Division of Arkansas State Police;
3. (3) “Applicant" means any person who has submitted an application to the division for a concealed handgun carry license and paid the statutory fees;

4. (4) "Application" means a form of such size and design that contains the required information and documentation enabling a person to apply for:

   1. (A) A license to carry a concealed handgun;
   2. (B) An enhanced or enhancement to a concealed handgun carry license;
   3. (C) Renewal of a concealed handgun carry license; or
   4. (D) Transfer of a concealed handgun carry license;
5. (5) “Application packet” means the documentation as outlined in 5 CAR § 1-202(c);
6. (6) “Committed” means an overnight stay in a medical or other treatment facility, whether voluntary or involuntary;

7. (7)

   1. (A) "Convicted" means a person was found guilty of or pled guilty or nolo contendere to a criminal offense.
   2. (B) Unless otherwise specifically stated, a “conviction” includes offenses that have been sealed or expunged;

8. (8)

   1. (A) “Crime of violence” means any offense involving the threat of physical contact or actual physical contact or any offense involving an act or omission resulting in bodily injury.

   2. (B) A “crime of violence” can include, but is not limited to:

      1. (i) Murder;
      2. (ii) Rape;
      3. (iii) Sexual assault;
      4. (iv) Robbery;
      5. (v) Terroristic threatening;
      6. (vi) Disorderly conduct;
      7. (vii) Resisting arrest;
      8. (viii) Battery; or
      9. (ix) Assault;
9. (9) "Director" means the Director of the Division of Arkansas State Police;
10. (10) “Division” means the Division of Arkansas State Police;

11. (11)

    1. (A) "Documentation" means information that may be required to determine the applicant's eligibility.
    2. (B) “Documentation” includes written materials that are able to be independently verified as true and correct by the Division of Arkansas State Police.
    3. (C) For example, the most reliable “documentation” of a disposition from a court is a copy of the final disposition certified by the court clerk or the keeper of the record.
    4. (D) Convictions that have been sealed or expunged may still disqualify an applicant from receiving a concealed handgun carry license under certain circumstances;
12. (12) "Duplicate license" means a license to carry a concealed handgun that is issued to a licensee to replace a previously issued license;
13. (13) “Enhanced license” means the status of a concealed handgun carry license when a licensee or applicant has completed enhanced training and received an endorsement to his or her license pursuant to Arkansas Code § 5-73-322(g)(3);
14. (14) “Enhanced training” means the training requirements set forth in 5 CAR § 1-301(d) for an applicant or a licensee to qualify for an enhanced concealed handgun carry license;
15. (15) "Firearms safety training instructor" or “instructor” means any person who is registered by the Director of the Division of Arkansas State Police to conduct the necessary training for a licensee to carry a concealed handgun;
16. (16) ''Hearing officer" means the Director of the Division of Arkansas State Police or his or her designated representative acting in issues of adjudication as outlined in the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;
17. (17) “Live fire” means training involving the use of live ammunition, as opposed to the use of blanks or simunition;

18. (18)

    1. (A) “Passenger terminal of an airport” means the ticketing area, lobby, and baggage claim of an airport.
    2. (B) The “passenger terminal of an airport” does not include any sterile area of an airport, the passenger security screening checkpoint, and all areas beyond the security checkpoint;

19. (19)

    1. (A) “Possession” means, for the purposes of Arkansas Code § 5-73-301 et seq., and this part, actual or constructive possession:

       1. (i) On or about the person;
       2. (ii) In a vehicle occupied by the licensee (including, but not limited to, areas within the passenger compartment of any vehicle, such as glove boxes or containers); or
       3. (iii) Otherwise readily available for use.
    2. (B) “Possession” also includes “carrying a handgun” as stated in Arkansas Code § 5-73-312(c).

    3. (C) “Possession” does not include:

       1. (i) For a passenger car, where the handgun is unloaded and locked in the trunk;
       2. (ii) For any vehicle, where the handgun is unloaded and located in a space outside the passenger compartment;
       3. (iii) For a vehicle in which a space outside the passenger compartment or a trunk does not exist, where the handgun is unloaded and in a locked container and the ammunition is physically separated from the handgun, so that both are not readily accessible to any occupant of the vehicle while the vehicle is in motion; and
       4. (iv) Placement or storage of the handgun unattended in any location, not including a locked and unattended motor vehicle in a publicly owned and maintained parking lot as permitted by law, if the licensee is not in the same room and immediate vicinity (within arm’s reach) of the handgun;
20. (20) “Registration” means a certificate granted to an instructor permitting him or her to instruct the firearms safety training provisions outlined in this part;

21. (21)

    1. (A) “Resident” means any person who possesses a valid Arkansas driver’s license or identification card and who has established domicile as evidenced by the intent to make Arkansas his or her fixed and permanent home.
    2. (B) It is presumed for the purposes of this definition that, when a person transfers his or her Arkansas driver’s license or identification card to another state for a period of thirty (30) days or longer, the person is no longer an Arkansas resident;

22. (22)

    1. (A) “Storage” means, for the purposes of Arkansas Code § 5-73-301 et seq., and this part, storage of a handgun in a university or college-operated student dormitory or residence hall, which is prohibited under Arkansas Code § 5-73-119(c).
    2. (B) “Storage” means to leave a handgun unattended in any location, not including a locked and unattended motor vehicle in a publicly owned and maintained parking lot as permitted by law, for any period of time, where the licensee is not in the same room and immediate vicinity (within arm’s reach) of the handgun; and
23. (23) "Training" means the training requirements set forth in 5 CAR § 1-301(a) and (b) for licensure to carry a concealed handgun.