- (a) License – Requirements. The Director of the Division of Arkansas State Police shall issue a license to carry a concealed handgun if the applicant meets the eligibility criteria set forth in Arkansas Code §§ 5-73-308 and 5-73-309.
(b) Application form. The application form for a license to carry a concealed handgun shall include:
- (1) The name, address, place and date of birth, race, and sex of the applicant;
- (2) The driver's license number and Social Security number of the applicant;
- (3) Any previous address of the applicant for the two (2) years preceding the date of the application;
- (4) Questions related to the applicant’s fitness for issuance of a concealed handgun carry license;
- (5) A statement whether or not the applicant has been found guilty of a crime of violence or domestic abuse;
- (6) A statement that the applicant has been furnished a copy of and has reviewed the Arkansas law relevant to concealed handgun carry licensing;
- (7) A warning that a knowingly false answer to any question or the knowing submission of any false document by the applicant subjects him or her to criminal prosecution and/or precludes the applicant from receiving or retaining a license; and
(8) A statement as to whether the applicant is applying for:
- (A) A restricted license, which allows the person to carry any handgun other than a semiautomatic handgun;
- (B) An unrestricted license, which allows the person to carry any handgun; and/or
- (C) An enhanced license, which expands the areas where a concealed handgun may be carried.
(c) Initial application packet and procedure.
(1) The applicant for a license to carry a concealed handgun shall submit the following items as an application packet to the Division of Arkansas State Police:
- (A) A properly completed application form, as described herein;
- (B) A nonrefundable license fee as prescribed by law;
- (C) The applicable fee or fees for state and national background checks as prescribed by law;
- (D) A full set of classifiable fingerprints of the applicant;
- (E) A properly completed certification of training; and
- (F) A signed waiver authorizing the division access to any medical, criminal, military, or other records concerning the applicant.
(2)
- (A) An applicant who fails to submit any of the required items listed herein will be notified of the missing items.
- (B) He or she will then have thirty (30) days to submit the missing items or the application will be denied.
(d) Application packet processing by the division. Upon receipt of the properly completed application packet as described herein, the division shall:
- (1) Forward the full set of classifiable fingerprints of the applicant to the appropriate agencies for state and national processing;
(2)
- (A) Forward notice of the person’s application to the sheriff of the applicant's county of residence, and, if applicable, to the police chief of the applicant's municipality of residence, who may participate, at his or her discretion, in the process by submitting a voluntary report to the division containing any information that he or she feels may be pertinent to the licensing of any applicant.
- (B) The reporting shall be made within thirty (30) days after the date the notice was sent; and
(3)
- (A) Notify the applicant of any unresolved, potentially disqualifying factor discovered in his or her criminal history.
- (B) An applicant must provide the documentation or other items necessary to resolve the potentially disqualifying factor within sixty (60) days of the request by the division or the application will be denied.
(e) Fingerprinting for initial application.
(1)
- (A) In the event a legible and classifiable set of fingerprints, as determined by the division or the Federal Bureau of Investigation, cannot be obtained, the applicant shall be contacted and shall be required to be fingerprinted again.
- (B) This determination may be made prior to the submission of a fingerprint card to the Federal Bureau of Investigation or after one (1) rejection of the fingerprint card.
- (2) After two (2) unsuccessful fingerprint card submissions (rejections) are completed, the applicant may again pay the Federal Bureau of Investigation fingerprint background check fee and submit two (2) newly completed fingerprint cards.
- (3) The director shall determine the applicant’s eligibility for licensing after successful completion of the Federal Bureau of Investigation fingerprint-based check.
- (4) Electronic capture of the fingerprints of the applicant on a device and in a manner approved by the director is allowed.
(f) Unresolved arrests.
(1)
- (A) If a check of the applicant's criminal records uncovers any unresolved arrest or arrests that could lead to the disqualification of the applicant, the applicant shall obtain a disposition of the open charge or charges.
- (B) A license will not be issued until the division receives the final disposition or other requested information.
- (2) If a check of the applicant's criminal records uncovers an unresolved felony arrest over ten (10) years old, then the applicant may obtain a letter of reference, from the county sheriff, prosecuting attorney, or circuit judge of the county where the applicant resides, which states that, to the best of his or her knowledge, the applicant is of good character and free of any felony convictions.
(g) License — Issuance.
(1)
- (A) The license shall be issued within one hundred twenty (120) days after the date of receipt of a properly completed application packet, including fingerprint cards and training certificates, as described herein.
- (B) That period will be tolled pending the receipt of disposition and level or facts of any outstanding criminal charges or classifiable fingerprints for the state and national background check.
(2)
- (A) The director shall issue the license or deny the application based solely on the ground that the applicant fails to qualify under the criteria established in law and this part.
- (B) Notice of denial shall be sent to the applicant according to this part.
(h) License denial — Initial application.
- (1) If the director denies the application, he or she shall notify the applicant in writing, stating the grounds for denial and appeal procedures under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
- (2) The letter shall be sent via certified mail, return receipt requested.