Revealing holes in Arkansas' concealed carry law
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Arkansans can legally carry firearms to protests, a law professor told Axios, but contradictory state statutes create gray areas that could complicate interpretation.
The big picture: The shooting death of Alex Pretti in Minnesota last month put some gun rights groups at odds with messaging from the Trump administration, exposing tension between First and Second Amendment protections.
- FBI Director Kash Patel said, "You cannot bring a firearm loaded with multiple magazines to any sort of protest that you want. It's that simple."
- "Responsible public voices should be awaiting a full investigation, not making generalizations and demonizing law-abiding citizens," the National Rifle Association said in a statement.
State of play: "The law now in Arkansas is a little complicated or convoluted, because there's two strains in the law, two branches," University of Arkansas law professor Robert Steinbuch told Axios.
- The concealed carry licensing statute, enacted in 1995, and the constitutional carry law enacted in 2013 both apply.
Friction point: In theory, someone with a concealed carry license could face restrictions that someone under constitutional carry would not — a legal oddity Steinbuch calls inconsistent.
- The concealed carry law prohibits people with a license from carrying a firearm in "any place where a parade or demonstration requiring a permit is being held, and the licensee is a participant."
- The state's enhanced concealed carry license allows holders to carry in more areas, notably on college campuses, he said.
- Yes, but: The constitutional carry law allows an adult to carry a firearm concealed or openly without a concealed carry license, unless they're in a specifically prohibited location — like a courthouse or police station. That framework does not broadly prohibit carrying at a typical First Amendment protest, Steinbuch said.
"It's historical and it's complicated … and that makes for a difficult understanding," he said. "This law says this, and then this law says that — what's the law? — the answer is, well, it's kind of both."
Zoom out: Licensed concealed carry instructor Tracy Barnett of MountainTop Gun Shop in Winslow said that, despite constitutional carry, many people still choose to get their concealed carry permit because it's required if one travels to many nearby states that recognize reciprocity.
- Requests for the six-hour course have been steady for the past eight years, she said.
- "I'm very pro-eduction," Barnett said. "I think it's important to understand the laws … ignorance of the law is not a pass."
What they're saying: A public information officer at the Little Rock Police Department deferred comments to the Arkansas State Police.
- The Arkansas Department of Public Safety, which oversees the state police and administers state concealed carry licenses, declined to comment for this story. A spokesperson shared a link to the state's webpage for concealed carry applications and instructions.
- The National Rifle Association did not immediately respond to requests for comment.
"I am concerned about those statements made by officials that suggest that [Pretti] was not entitled to carry a gun," Steinbuch said.
- "That is a statement that is contrary to a pro-gun-right philosophy."
What we're watching: Steinbuch said he's not certain the inconsistency requires legislative repair, but acknowledged it creates confusion.
- It's not clear if Arkansas' lawmakers will proactively work to fix the contradictions in the law at the next General Assembly in 2027, but Republican Rep. Aaron Pilkington, who's worked on firearm legislation in the past, told Axios it's a possibility.