Hall of the House of Representatives
91st General Assembly - Regular Session, 2017
Amendment Form

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______________________________________________________________________
Subtitle of Senate Bill No. 724
CONCERNING POSSESSION OF A CONCEALED HANDGUN ON THE PREMISES AND ON THE
GROUNDS OF A TEACHING HOSPITAL AND OTHER LOCATIONS; AND CONCERNING THE
POSSESSION OF A CONCEALED HANDGUN AT A PRIVATE UNIVERSITY OR PRIVATE COLLEGE.
______________________________________________________________________

Amendment No. ___ to Senate Bill No. 724
Amend Senate Bill No. 724 as engrossed, S3/23/17 (version: 03/23/2017 03:44:50 PM):
Delete everything after the enacting clause and substitute the following:
"SECTION 1. Arkansas Code § 5-73-101, concerning definitions used for
weapons offenses, is amended to add an additional definition to read as
follows:
(11) "Collegiate athletic event" means a sporting or athletic
contest, event, or practice of an individual or team of individuals in which
one (1) or more individuals or a team of individuals sponsored by, funded by,
represented by, or associated with a public or private university, college,
or community college competes against themselves or another individual or
team of individuals sponsored by, funded by, represented by, or associated
with a public or private university, college, or community college.
SECTION 2. Arkansas Code § 5-73-122, as amended by Acts 2017, No. 562,
is amended to read as follows:
5-73-122. Carrying a firearm in publicly owned buildings or
facilities.
(a)(1) Except as provided in §§ 5-73-322 and § 5-73-306, it is
unlawful for any person other than a law enforcement officer or a security
guard in the employ of the state or an agency of the state, or any city or
county, or any state or federal military personnel, to knowingly carry or
possess a loaded firearm or other deadly weapon in any publicly owned
building or facility or on the State Capitol grounds.
(2) It is unlawful for any person other than a law enforcement
officer or a security guard in the employ of the state or an agency of the
state, or any city or county, or any state or federal military personnel, to
knowingly carry or possess a firearm, whether loaded or unloaded, in the
State Capitol Building or the Arkansas Justice Building in Little Rock.
(3) However, this subsection does not apply to a person carrying
or possessing a firearm or other deadly weapon in a publicly owned building
or facility or on the State Capitol grounds:

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 (A) For the purpose of participating in a shooting match
or target practice under the auspices of the agency responsible for the
publicly owned building or facility or State Capitol grounds;
(B) If necessary to participate in a trade show, exhibit,
or educational course conducted in the publicly owned building or facility or
on the State Capitol grounds;
(C)(i) If the person has a license to carry a concealed
handgun under § 5-73-301 et seq. and is carrying a concealed handgun in his
or her motor vehicle or has left the concealed handgun in his or her locked
and unattended motor vehicle in a publicly owned and maintained parking lot.
(ii)(a) As used in this subdivision (a)(3)(C),
“parking lot” means a designated area or structure or part of a structure
intended for the parking of motor vehicles or a designated drop-off zone for
children at school.
(b) “Parking lot” does not include a parking
lot owned, maintained, or otherwise controlled by the Department of
Correction or the Department of Community Correction;
(D) If the person has completed the required training and
received a concealed carry endorsement under § 5-73-322(g) and the place is
not a:
(i) Courtroom A courtroom or the location of an
administrative hearing conducted by a state agency, except as permitted by §
5-73-306(5) or (6) § 5-73-306(6);
(ii) Public A public school kindergarten through
grade twelve (K-12) or, a public prekindergarten, or a public daycare
facility, except as permitted under subdivision (a)(3)(C) of this section; or
(iii) A facility operated by the Department of
Correction or the Department of Community Correction; or
(iv) A building of the Arkansas State Hospital;
(v) A posted firearm-sensitive area, as approved by
the Department of Arkansas State Police under § 5-73-134, located at the
University of Arkansas for Medical Sciences; or
(vi) A place that is hosting or being used for a
collegiate athletic event, if the public or private university, college, or
community college that is hosting the collegiate athletic event has
determined that prohibiting the possession of a concealed handgun by a person
is required by the governing collegiate association under which the
collegiate athletic event is being held; or
(E) If the person has a license to carry a concealed
handgun under § 5-73-301 et seq., is a justice of the Supreme Court or a
judge on the Court of Appeals, and is carrying a concealed handgun in the
Arkansas Justice Building.
(4) As used in this section, “facility” means a municipally
owned or maintained park, football field, baseball field, soccer field, or
another similar municipally owned or maintained recreational structure or
property.
(b)(1) Any person other than a law enforcement officer, officer of the
court, or bailiff, acting in the line of duty, or any other person authorized
by the court, who possesses a handgun in the courtroom of any court of this
state is guilty of a Class D felony, except as permitted under § 5-73-306(5),
§ 5-73-306(6), or this section.
(2) Otherwise, any person violating a provision of this section
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 is guilty of a Class A misdemeanor.
SECTION 3. Arkansas Code Title 5, Chapter 73, Subchapter 1, is amended
to add an additional section to read as follows:
5-73-134. Firearm-sensitive areas - Security plan approval.
(a)(1)(A) An institution of higher education that hosts or sponsors a
collegiate athletic event may submit a security plan to the Department of
Arkansas State Police for approval that would designate certain areas as a
firearm-sensitive area where possession of a concealed handgun by a licensee
under § 5-73-301 et seq., is prohibited.
(B) The firearm-sensitive area shall be limited those
areas where a collegiate athletic event is held.
(2) A security plan submitted under this section shall include
the following information and corresponding security measures both for a onetime event or on a daily basis:
(A) Total projected attendance;
(B) The number of entrances and exits;
(C) Number of onsite private security personnel;
(D) Number of onsite law enforcement officers;
(E) Number of onsite first responders;
(F) Location of parking areas and number of motor vehicles
projected to use the parking areas;
(G) Routes for emergency vehicles;
(H) Locations of all restrooms, stairs, and elevators;
(I) Evacuation procedures;
(J) Security communication protocol;
(K) Location of emergency vehicles;
(L) Public communication protocol; and
(M) Bomb threat and active shooter procedures.
(b) Security measures under this section shall include without
limitation:
(1) Security personnel or law enforcement officers onsite;
(2) Use of a magnetometer or other metal-detecting device
designed to detect a weapon;
(3) Barricades; or
(4) Other measures or devices designed to protect the public
from a security threat.
(c)(1) An entity shall submit a security plan to the department under
this section annually or no later than five (5) days before a scheduled
collegiate sporting event.
(2)(A) The department shall approve or disapprove a security
plan for a scheduled collegiate sporting event within seventy-two (72) hours
of the receipt of the security plan.
(B) Otherwise the department shall approve or disapprove a
security plan within ten (10) business days.
(d) Upon approval of a security plan, an entity shall post a
notification at all firearm-sensitive areas that possession of a concealed
handgun is prohibited.
(e) A security plan submitted under this section is exempt from public
disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.
SECTION 4.

Arkansas Code § 5-73-301, concerning definitions involving

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 the carrying of a concealed handgun, is amended to add an additional
subdivision to read as follows:
(7) "Private university or private college" means an institution
of higher education that is not a public university, public college, or
community college as defined in § 5-73-322.
SECTION 5. Arkansas Code § 5-73-306(11) and (12), concerning certain
establishments that sell alcohol and are places that may prohibit the
possession of a concealed handgun, as amended by Acts 2017, No. 562, is
amended to read as follows:
(11)(A) A portion of an establishment, except a restaurant as
defined in § 3-5-1202, licensed to dispense alcoholic beverages for
consumption on the premises.
(B) A person with a concealed carry endorsement under § 573-322(g) and who is carrying a concealed handgun may not enter an
establishment under this section if the establishment either places a written
notice as permitted under subdivision (18) of this section or provides notice
under subdivision (19) of this section prohibiting a person with a license to
possess a concealed handgun at the physical location;
(12)(A) A portion of an establishment, except a restaurant as
defined in § 3-5-1202, where beer or light wine is consumed on the premises.
(B) A person with a concealed carry endorsement under § 573-322(g) and who is carrying a concealed handgun may not enter an
establishment under this section if the establishment either places a written
notice as permitted under subdivision (18) of this section or provides notice
under subdivision (19) of this section prohibiting a person with a license to
possess a concealed handgun at the physical location;
SECTION 6. Arkansas Code § 5-73-306(15), concerning certain churches
or other places of worship that may prohibit the possession of a concealed
handgun, as amended by Acts 2017, No. 562, is amended to read as follows:
(15)(A) Any church or other place of worship.
(B) However, this subchapter does not preclude a church or
other place of worship from determining who may carry a concealed handgun
into the church or other place of worship.
(C) A person with a concealed carry endorsement under § 573-322(g) and who is carrying a concealed handgun may not enter a church or
other place of worship under this section if the church or other place of
worship either places a written notice as permitted under subdivision (18) of
this section or provides notice under subdivision (19) of this section
prohibiting a person with a license to possess a concealed handgun at the
physical location;
SECTION 7. Arkansas Code § 5-73-306(17) and (18), concerning places
where carrying a concealed handgun by a concealed handgun licensee is
prohibited, as amended by Acts 2017, No. 562, is amended to read as follows:
(17) Any place where a parade or demonstration requiring a
permit is being held, and the licensee is a participant in the parade or
demonstration; or
(18)(A)(i) Any place at the discretion of the person or entity
exercising control over the physical location of the place by placing at each
entrance to the place a written notice clearly readable at a distance of not
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 less than ten feet (10') that “carrying a handgun is prohibited”.
(ii)(a) If the place does not have a roadway
entrance, there shall be a written notice placed anywhere upon the premises
of the place.
(b) In addition to the requirement of
subdivision (18)(A)(ii)(a) of this section, there shall be at least one (1)
written notice posted within every three (3) acres of a place with no roadway
entrance.
(iii) A written notice as described in subdivision
(18)(A)(i) of this section is not required for a private home.
(iv) Any licensee entering a private home shall
notify the occupant that the licensee is carrying a concealed handgun.
(B) Subdivision (18)(A) of this section does not apply if
the physical location is:
(i) A public university, public college, or
community college, as defined in § 5-73-322, and the licensee is carrying a
concealed handgun as provided under § 5-73-322; or
(ii) A publicly owned and maintained parking lot if
the licensee is carrying a concealed handgun in his or her motor vehicle or
has left the concealed handgun in his or her locked and unattended motor
vehicle.
(C) The person or entity exercising control over the
physical location of a place that does not use his, hers her, or its
authority under this subdivision (18) to prohibit a person from possessing a
concealed handgun is immune from a claim for monetary damages arising from or
related to the decision not to place at each entrance to the place a written
notice under this subdivision (18).;
(19)(A)(i) A place owned or operated by a private entity that
prohibits the carrying of a concealed handgun that posts a written notice as
described under subdivision (18)(A) of this section.
(ii)(a) A place owned or operated by a private
entity that chooses not to post a written notice as described under
subdivision (18)(A) of this section may provide actual written or verbal
notification to a licensee who is carrying a concealed handgun at the place
owned or operated by a private entity that carrying of a concealed handgun is
prohibited.
(b) A licensee who receives actual written or
verbal notification under subdivision (19)(A)(ii)(a) of this section is
deemed to have violated this subdivision (19) if the licensee while carrying
a concealed handgun either remains at or returns to the place owned or
operated by the private entity.
(B) A place owned or operated by a private entity under
this subdivision (19) includes without limitation:
(i) A private university or private college;
(ii) A church or other place of worship;
(iii) An establishment, except a restaurant as
defined in § 3-5-1202, licensed to dispense alcoholic beverages for
consumption on the premises; and
(iv) An establishment, except a restaurant as
defined in § 3-5-1202, where beer or light wine is consumed on the premises;
or
(20) A posted firearm-sensitive area, as approved by the
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 Department of Arkansas State Police under § 5-73-134, located at the
University of Arkansas for Medical Sciences.
SECTION 8. Arkansas Code § 5-73-322(h), concerning the endorsement to
carry a concealed handgun, as amended by Acts 2017, No. 562, is amended to
read as follows:
(h) A licensee who completes a training course and obtains an a
concealed carry endorsement under subsection (g) of this section is exempted
from the prohibitions and restrictions on:
(1) Carrying a firearm in a publicly owned building or facility
under § 5-73-122, if the firearm is a concealed handgun; and
(2) Carrying a concealed handgun in a prohibited place listed
under § 5-73-306(7)-(12), (14), (15), and (17), unless otherwise prohibited
under § 5-73-306(19).
SECTION 9. Arkansas Code § 5-73-322(j)(3), concerning immunity of a
public university, public college, or community college, as amended by Acts
2017, No. 562, is amended to read as follows:
(3) A public university, public college, or community college is
immune from a claim for monetary damages arising from or related to a
licensee’s use of, or failure to use, a concealed handgun, if the licensee is
employed by the public university, public college, or community college
against whom the claim is filed and if the licensee elects to possess the a
concealed handgun under this section.
SECTION 10. DO NOT CODIFY. Effective date.
The effective date of this act is September 1, 2017."

The Amendment was read ________________________________________________________________________________
By: Representative Ballinger
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_________________________
BPG596
Chief Clerk

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