Bill Summary – FastDemocracy

Impact Assessment for SB405
                                                Sponsored by Senator Hammer
Subtitle TO AMEND THE CLASSIFICATION OF THE OFFENSE OF POSSESSION OF A HANDGUN BY
A MINOR.
Impact Summary 1 Minimal, affecting fewer than ten offenders per year.
Change from Current Law2 The proposed bill amends Arkansas Code Annotated, § 5-73-119, Handguns –
Possession by minor or possession on school property , by standardizing the penalty for all occurrences of § 5-
73-119(a). Under the current statute, the penalty for a conviction of § 5-73-119(a)(1) is a Class A misdemeanor,
unless the person has (1) previously been adjudicated delinquent for possession of a handgun by a minor, (2)
previously been adjudicated delinquent for any offense that would be a felony if committed by an adult, or (3)
previously pleaded or found guilty of a felony in circuit court while under eighteen (18) years of age.
Impact Information The proposed bill increases the penalty for misdemeanor occurrences of A.C.A. § 5-73-
119, Handguns – Possession by minor or possession on school property, to a Class D felony. The Administrative
Office of the Courts (AOC) reports that for the three (3) year period beginning on 1/1/2020 and ending on
12/31/2022, there were twenty-four (24) felony convictions and nine (9) misdemeanor convictions of A.C.A. §
5-73-119. Please note that not all courts report misdemeanor convictions to the Administrative Office of the
Courts. The Division of Correction (ADC) reports that as of December 2, 2022, there are currently 1 6 offenders
serving a term of incarceration for a violation of A.C.A. § 5-73-119, Handguns – Possession by minor or
possession on school property. Of these, 2 are serving a term of incarceration for which A.C.A. § 5-73-119 is the
primary offense.
The limited scope of new felony conduct, combined with the low number of reported convictions for the offense as
currently written makes it unlikely that the proposed bill will result in a significant impact to correctional resources.
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1 This impact assessment was prepared 3/23/2023 7:57 AM by the staff of the Arkansas Sentencing Commission pursuant to A. C. A. § 16-
90-802(d)(6) with data supplied by the Arkansas Department of Corrections and the Administrative Office of the Courts. A micro-simulation
model may be used for bills which have the potential for significant impact on correctional resources. The following designations will be
used: “minimal” = less than 10 offenders per year will be affected; “medium” = would require budgetary increases for ADC inmate costs;
and “major” = would require budgetary increases for ADC inmate costs and construction costs for additional beds.
2
  Standard punishment ranges:                                                                                  Misdemeanors
Class Y 10-40 years or life                       Class C 3-10 years; up to $10,000                 Class A Up to 1 year; up to $2,500
Class A 6-30 years; up to $15,000                 Class D 0-6 years; up to $10,000                  Class B Up to 90 days; up to $1,000
Class B 5-20 years; up to $15,000                 Unclassified As specified in statute              Class C Up to 30 days; up to $500
A.C.A. § 5-73-119. Handguns — Possession by minor or possession on school property.
(a)
(1) No person in this state under eighteen (18) years of age shall possess a handgun.
(2)
(A) A violation of subdivision (a)(1) of this section is a Class A misdemeanor.
(B) A violation of subdivision (a)(1) of this section is a Class D felo ny if the person has previously:
(i) Been adjudicated delinquent for a violation of subdivision (a)(1) of this section;
(ii) Been adjudicated delinquent for any offense that would be a felony if committed by an adult; or
(iii) Pleaded guilty or nolo contendere to or been found guilty of a felony in circuit court while under eighteen (18)
years of age.
(b)
(1) No person in this state shall possess a firearm:
(A) Upon the developed property of a public or private school, kindergarten through grade twelv e (K-12);
(B) In or upon any school bus; or
(C) At a designated bus stop as identified on the route list published by a school district each year.
(2)
(A) A violation of subdivision (b)(1) of this section is a Class D felony.
(B) No sentence imposed for a violation of subdivision (b)(1) of this section shall be suspended or probated or treated
as a first offense under § 16-93-301 et seq.
(c)
(1) Except as provided in § 5-73-322, a person in this state shall not possess a handgun upon the property of any
private institution of higher education or a publicly supported institution of higher education in this state on or about
his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ
the handgun as a weapon against a person.
(2) A violation of subdivision (c)(1) of this section is a Class D felony.
(d) “Handgun” means a firearm capable of firing rimfire ammunition or centerfire ammunition and designed or
constructed to be fired with one (1) hand.
(e) It is permissible to carry a handgun under this section if at the time of the act of possessing a handgun or firearm:
(1) The person is in his or her own dwelling or place of business or on property in which he or she has a possessory
or proprietary interest, except upon the property of a public or private institution of higher learning;
(2) The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course
and scope of his or her official duties;
(3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in
the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer,
correctional officer, or member of the armed forces;
(4) The person is a registered commissioned security guard acting in the course and scope of his or her duties;
(5) The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the
rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for
the purpose of hunting game with a handgun or firearm;
(6)
(A) The person is a certified law enforcement officer, either on -duty or off-duty.
(B) If the person is an off-duty law enforcement officer, he or she may be required by a public school or publicly
supported institution of higher education to be in physical possession of a valid identification identifying the person
as a law enforcement officer;
(7) The person is on a journey beyond the county in which the person lives, unless the person is eighteen (18) years
of age or less;
(8) The person is participating in a certified hunting safety course sponsored by the commission or a firearm safety
course recognized and approved by the commission or by a state or national nonprofit organization qualified and
experienced in firearm safety;
(9) The person is participating in a school-approved educational course or sporting activity involving the use of
firearms;
(10) The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational
shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or
older standing in loco parentis or is traveling to or from a lawful marksmanship competition or practice or other
lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian,
or other person twenty-one (21) years of age or older standing in loco parentis;
(11) The person has a license to carry a concealed handgun under § 5 -73-301 et seq. and is carrying a concealed
handgun on the developed property of:
(A) A kindergarten through grade twelve (K-12) private school operated by a church or other place of worship that:
(i) Is located on the developed property of the kindergarten through grade twelve (K -12) private school;
(ii) Allows the person to carry a concealed handgun into the church or other place of worship under § 5-73-306; and
(iii) Allows the person to possess a concealed handgun on the developed property of the kindergarten through grade
twelve (K-12) private school; or
(B) A kindergarten through grade twelve (K-12) private school or a prekindergarten private school that through its
governing board or director has set forth the rules and circumstances under which the licensee may carry a concealed
handgun into a building or event of the kindergarten through grade twelve (K -12) private school or the
prekindergarten private school; or
(12)
(A) 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.
(B)
(i) As used in this subdivision (e)(12), “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 a school.
(ii) “Parking lot” does not include a parking lot owned, maintained, or otherwise controlled by the Division of
Correction or Division of Community Correction.
History
Acts 1989, No. 649, §§ 1-4; 1993, No. 1166, § 1; 1993, No. 1189, § 4; 1994 (2nd Ex. Sess.), No. 57, § 1; 1994
(2nd Ex. Sess.), No. 58, § 1; 1999, No. 1282, § 1; 2001, No. 592, § 1; 2005, No. 1994, § 476; 2013, No. 226, § 1;
2013, No. 746, § 1; 2013, No. 1390, § 1; 2015, No. 933, § 1; 2015, No. 1078, § 1; 2019, No. 472, § 1; 2019, No.
910, § 679.
Statutes affected: 
Old version SB405 V2 - 3-30-2023 02:18 PM: 5-73-119(a)
SB 405: 5-73-119(a)