Arkansas Passes Significant NFA Gun Law Reforms in 2019

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Arkansas Passes Significant Gun Law Reforms in 2019
Arkansas Passes Significant NFA Gun Law Reforms in 2019

Arizona -(Ammoland.com)- In 2019, Arkansas passed gun law reform for silencers, other NFA items, and cut concealed handgun permit fees in half.

The State of Arkansas has passed a significant reform of suppressor law and state law regarding National Firearms Act firearms generally. SB 400 passed the Senate on 6 March 2019, 29 to 6.  It passed the House on the 13th of March 2019, 75 to 12. It was signed into law by Governor Hutchinson on March 19, 2019.

Four legislators were prominent in leading the fight to pass SB 400 and reform Arkansas gun laws. In the Senate, they were Senators Bob Ballinger and Trent Garner. In the House, they were Representatives Justin Gonzales and Jim Dotson.

SB 400, now Act 495, eliminates the Arkansas ban on silenced (suppressed) firearms. The old law made it illegal to use, possess, make, repair, sell or otherwise deal in suppressed firearms.  Senator Ballinger is reported to have told the Senate that there were about 10,000 people who owned suppressors in Arkansas, under the National Firearms Act (NFA).

SB 400 repealed the prohibition on silenced firearms in its entirety. The old law made suppressed firearms prohibited weapons. It was technically illegal for the owner of a legal silencer to attach it to a firearm.

Silencer/suppressor law in Arkansas has been repealed, except for federal law under the NFA. If the NFA law is reformed, there will not be a conflict with Arkansas law.

Also, SB 400 makes it clear that other National Firearm Act items, such as short-barreled shotguns, short barreled rifles, and fully automatic guns, can be legally owned under the NFA rules, in Arkansas.

Arkansas is a Constitutional Carry state. A person does not need to have a permit to carry a pistol. But permits are useful for reciprocity in other states. Arkansas is a “Shall Issue” state. The state issues permit to people who meet the objective criteria for the permit.

In this session of the legislature, Arkansas cut the fees for a concealed carry permit in half. First-time permit fees were reduced from $100 to $50, for people 65 or older, the fee was reduced from $50 to $25. The Arkansas permit is recognized by 37 other states.   The bill to cut the permit fees was SB 17. From arkleg.state.ar.us:

SECTION 1. Arkansas Code § 573311(a)(2), concerning the fees for a license to carry a concealed handgun, is amended to read as follows:

(2) A nonrefundable license fee of one hundred dollars ($100) fifty dollars ($50.00), except that the nonrefundable license fee is fifty dollars ($50.00) twentyfive dollars ($25.00) if the applicant is sixtyfive31(65) years of age or older; 

The renewal fee was reduced from $35 to $25.

Professor John Lott has shown that increased fees reduce the number of people willing to obtain carry permits. Similarly, reduced fees increased carry permit participation rates.

With the decrease in Arkansas permit fees, the percentage of adults with carry permits in Arkansas is likely to increase dramatically in the next few years.

As of 2018, Arkansas was already well above the national average, with 10.4% of the adult population having a concealed handgun carry permit.  The state with the highest participation rate is Alabama, with 22.11% of adults having a permit.

Arkansas legislators killed bills which would have expanded the list of prohibited possessors in Arkansas and would have allowed a person to be stripped of Second Amendment rights without due process.

  • Killed Senate Bill 621 would have allowed courts to require people to surrender their firearms to law enforcement or have them seized, based on statements made by a petitioner in an ex parte proceeding — before any formal hearing with the opportunity to be represented by counsel and present counter-evidence — and even though they may not have committed or even threatened to commit any unlawful or violent act.  Someone could be stripped of their Second Amendment rights without due process, without being taken into custody for any criminal offense or without being required to undergo evaluation for treatment by a mental health professional.
  • Killed House Bill 1655 that would expand the list prohibited persons under Arkansas state law to include people who are (and would continue to be) under no federal firearm prohibition and who currently possess firearms lawfully.

Most of the postitive efforts to reform gun laws are happening in the states with the support of the NRA-ILA.

 


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

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curt

I never thought I would say this, but I think I kind of want to move to Arkansas?

beadyeye

My wife and I own property there and if my present state commences to turn socialist as it appears certain factions want, we pick up and go back to our roots.

Kevin L.

I wish Professor Lott would come to New York and see if he could talk some sense into the commies that controls this state. Pretty incredible that 43 states out 50 will allow suppressed shooting. They won’t get it through their dumb heads that it’s best for ear protection as well as not startling game when a shot is fired.

Jean

Kevin, I hear ya, Kevin! NY has the toughest gun laws, as you know. Unless there’s some miracle, they will probably never change. Many years ago (probably in the 60s), my daddy knew a man who went on vacation (from LA) to NY & carried his pistol. He left it hidden in the hotel room while he & his family went out. Unfortunately, housekeeping came through & found it & he was in it pretty deep. I believe it was called the Sullivan law which had such restrictions. I don’t know the outcome, but that was awful. Sounds almost communistic.… Read more »

MajorMike

I’m really very tired of the NRA and have absolutely no confidence in it anymore.
Pity it’s come to this.

MikeRoss

What does this have to do with Arkansas’ NFA reform bill?

Bill

Terrible to have people fighting for your rights who don’t meet your idea of perfection, isn’t it?

Ronin

Who meets your does meet your ideas of perfection

Charles Fitzgerald

Gun Owners of America GOA

James O'D

List a single gun law GOA has prevented being enacted, repealed or defeated in court.

Just one…

If GOA’s so effective, you should have dozens of examples. Right?

Alan

If suppressors were illegal in Arkansas and the NFA requires the chief law enforcement officer to sign off on the application how did the feds approve the purchase of 10,000 suppressors that were illegal to possess under state law?

John

I’m a bit confused by this as well. Most of the gun stores around me sold suppressors well before this law was repealed. Maybe it was one of those older laws that nobody enforced, unless they wanted to use it as a tacked-on charge, and they finally got around to repelling it.

Paul Beatty

They were bought in Arkansas if you had a conceal and carry permit but you had to wait on it for 90 day back ground check

David Dyess

No they were illegal to possess manufacture or transfer without a $200 federal tax stamp from the NFA branch of the batfe. Also you had to wait a very long time while they did an in-depth background check. The way I understand it this just says that state law enforcement will not enforce the NFA restrictions

Clifffalling

The suppressors were legal under NFA. You just couldn’t attach them to a firearm. That would have been illegal up until passage of the law.

Gregory Romeu

HINT: Persons that either owned them prior to a change in state law or persons that owned them prior to moving to Arkansas. Also review: Ex-Post-Facto and the un-Constitutionality of attempting to apply ex-post-facto methods to deny a citizen’s rights.

Laddyboy

@GR; Now you are in the territory of “bump-stocks” when you refer to “EX-POST-FACTO” LAWS.

Greg K

It’s also a “Bill of Attainder.” Ever wonder why they are in the same sentence?

Patrick Sperry

Ex post facto law became the law of the land with the non felony domestic violence laws. They (The enemies of freedom and liberty) claim that it is not taking any right from anyone. It is just a change in status. Yeah, right…

Robert Bailey

Wrong. The NRA was nowhere to be found in this session. In fact, they supported the Red Flag law that took much work to kill here in Arkansas. Fact…there were lots of Mom’s Demand Action supporting every gun control bill there was. The NRA was a total no show.

noName

can you confirm this?

MikeRoss

The NRA supported the bill. They’re not perfect, but they’re getting bashed for more than they deserve, which just helps the gun control crowd.

https://www.nraila.org/articles/20190318/arkansas-urgent-action-needed-urge-governor-hutchinson-to-sign-pro-gun-legislation

Jake Atkinson

Supporting it via email after all the leg work was done by Arkansan’s isn’t support in my book. Robert is right. The NRA was no show on decent bills this session but supported the red flag crap.
Also, this article has a bunch of propaganda in it and the fees concerning current chcl scheme is wrong. Currently its $143.40 new applicant and $62.80 renewal. Pretty simple to check ASP website for it.

David Dyess

You’re right the all prices listed are incorrect in the article but I believe that the new prices will go into effect 90 days after end session this year

chiefton

ALL fees related to the 2nd amendment and gun rights is illegal in my opinion. They are an act of bringing back the old Jim Crow laws to infringe on Constitutional rights. There should be no fees for concealed carry permits, fingerprinting, taxes on firearms, or even NFA fees to possess suppressors or automatic firearms. No other Constitutional amendment has fees attached to them.

Roland T. Gunner

Do away with the unconstitutional laws restricting the firearms, and the fees become a moot point.

Gas Block in WA

NRA GFY

Steve Greenwood

I’m waiting to be sentenced for being in spawn shop in Fort Smith Ar. Negociateing with the owner at the same time a girl friend was selling a gun collection she had brought there in her truck, at my urging, she was there for 2 reasons to deliver the guns to be sold to what she bereaved was FFL gun dealer and to give me a ride back to Oklahoma. I placed the title, bill of sale, full coverage insurance, and the owners manual on the end of the counter as far away from the gun sale that the clerk… Read more »

James O'D

Your semi-literate spew makes no sense.

Were you trying to sell an unregistered silencer to a pawnshop? How did you think that was legal?

David R

Wow, James, is that photo next to “sociopath” in the dictionary?

David R

I’m sorry to hear about what happened to you mister Greenwood. I hope you’re doing better now. Remember suicide is a long-term solution to a short-term problem. And how you feel doesn’t really depend on where you are but what direction you’re headed. Before too long time will pass and most of this will be behind you.
This is the kind of unprincipled insanity from our elected officials that’s going to lead to Civil War.

Lowell Connors

I 2009 the NRA gave money to. Baroc O bummer

Wild Bill

@Lowell Connors, WTF!? Over.

Oohrah

Oregon also. It would be refreshing also to have KrisyAnne also once again state the intention of the Constitution and not a bunch of those who only use hate to distort the intended law of the land and forcing unlawful law to the population without voice. I think not on the money gift. For sure there is no reason for such an action, and it’s an act that could not be kept secret, or would membership ever approve. Also there isn’t one thing the NRA does, or would do that OBummer would approve of. Any such donation would be waved… Read more »

Charles Fitzgerald

I have never trusted NRA. GOA is a honest alternative.

Nate

That I didn’t know. GOA ftw. This is good news for Arkansas but the NFA must be repelled. Gun restriction laws are a violation of the 2nd amendment.

beadyeye

Is it just me or the comments here (I’ve read each of them) mostly just a lot of yammering with no credibility or even attempts to present rational thinking? I was looking for some sort of intelligent discourse. However, I now wonder if the folks here even pay any attention to what they’re writing about.

RK

Trolls are responsible for lots of lies about the NRA. NRA has NEVER supported red flag laws! Just the opposite the NRA has railed against them. If indeed you are pro gun why would you shoot yourself in the foot while helping the gun grabbers disarm you? Do you think they will stop with the NRA? No. When they succeed, with your help, of destroying the NRA they will turn their sights to whatever group steps up to take the NRA’s place. Will you then continue to carry their water & repeat their lies? The NRA has problems as most… Read more »

Gingerfish

Here is the video of Chris Cox (NRA) supporting what you just claimed they do not support. He calls them Risk Protection Orders, but, the outcome is the same. Removing firearms from citizens, and hoping due process happens somewhere down the road. We have already seen how they conveniently left out that pesky due process. Care to enlighten us with any more fundraiser taglines?

beadyeye

Chris Cox does not represent me. Cox is a hired, not appointed NRA rep and he can be fired for cause which likely is failure to support his employer.

NightFire

Chris Cox resigned from the NRA because of the massive amount of drama within the top ranks. Most of that drama centers around LaPierre, members did not vote for him either.

beadyeye

Well said. Thank you for a rational, thoughtful comment.

NightFire

Here is the NRA’s stance on red flag laws
https://www.nraila.org/get-the-facts/emergency-risk-protection-orders-erpos/

They DO support some versions of them and do not support other versions. But, the NRA DOES support red flag laws