Can a city in Arkansas tell its employees they cannot keep a firearm in their locked car parked at city hall?

Plain-English summary

Senator Terry Rice asked the AG about a city's policy that prohibited city employees from keeping firearms in their parked vehicles in city parking lots. Two questions:

1. Can the city stop a city employee with a concealed-carry license from keeping a firearm in his locked vehicle at a city building?
2. If the city prohibits firearms inside city buildings, must signage be present at entrances?

On the parking-lot question, the AG said no. The state-preemption statute, Ark. Code Ann. § 14-54-1411(b)(1)(A), prohibits a city from enacting "any ordinance or regulation pertaining to, or regulat[ing] in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms... except as otherwise provided in state or federal law." A parallel statute in § 14-16-504 says the same. State law affirmatively allows concealed-carry licensees to keep their handguns in locked, unattended vehicles in publicly owned parking lots: § 5-73-122(a)(3)(C) carves out the publicly-owned-building criminal prohibition for that conduct, and § 5-73-306(18)(B)(ii) similarly excludes a "publicly owned and maintained parking lot" from what would otherwise be a § 5-73-306(18) prohibited location. So a city policy that bans concealed-carry holders from keeping firearms in locked cars in city lots is preempted.

The AG cited Op. Att'y Gen. 2002-053 for the same conclusion in a slightly different factual context: a mayor cannot order that no city employee may carry handguns while on duty or while using city vehicles when the order conflicts with state firearms law.

On the signage question, the AG referred to Op. 2018-079 (issued the same day) for the rules about cities posting entryway signs at publicly owned buildings. That opinion established the framework: cities may post § 5-73-306(18) signs at city buildings, those signs bind both traditional and enhanced concealed-carry license holders, but the parking-lot exception in § 5-73-306(18)(B)(ii) still protects keeping a firearm in a locked car.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Does this apply to private employers in Arkansas?
A: No. The state-preemption statute is about local government regulation of firearms. A private employer's parking lot is a separate question with its own statutory framework.

Q: What if the city bans firearms inside the building itself, even with a concealed-carry license?
A: That is allowed under § 5-73-306(18) through entryway signs, per Op. 2018-079. But the parking lot is a different place. The criminal-statute carve-out in § 5-73-122(a)(3)(C) and the § 5-73-306(18)(B)(ii) exception both protect the locked-vehicle scenario.

Q: What about employees who are mayors, police, or other officials with their own statutory firearm authority?
A: The opinion does not reach that. It assumes a regular city employee with a concealed-carry license. Officials whose duties involve firearms have separate statutory frameworks.

Q: Can a city require the firearm to be locked in the vehicle?
A: That is essentially what state law already requires under § 5-73-122(a)(3)(C): the handgun must be either carried in the motor vehicle by the licensee or "left... in his or her locked and unattended motor vehicle." So the city does not need a separate policy for that.

Q: What happens if a city enforces the policy anyway?
A: The employee could challenge the discipline as inconsistent with state law. The AG's opinion is persuasive but not binding; a court would have the final word. Op. 2002-053's similar conclusion is the AG's longstanding position.

Background and statutory framework

Arkansas's firearm-preemption framework runs through two parallel statutes:

• Section 14-54-1411(b)(1)(A) preempts municipal regulation of firearms beyond state law. "Local unit of government" is defined as "a city, town, or county" in § 14-54-1411(a).
• Section 14-16-504(b)(1)(A) is the parallel statute that applies more generally and contains the same restriction.

Both statutes have the "except as otherwise provided in state or federal law" caveat, which means cities can do what state law specifically authorizes (like § 5-73-306(18) entryway signs) but nothing more.

The locked-vehicle protection lives in two places:

• Section 5-73-122(a)(3)(C) carves out the criminal prohibition on carrying in a publicly owned building or facility for a concealed-carry licensee who keeps the handgun in a locked, unattended vehicle in a publicly owned parking lot.
• Section 5-73-306(18)(B)(ii) says a "publicly owned and maintained parking lot" is not within § 5-73-306(18)'s sign-posting authority when the licensee keeps the handgun locked in the vehicle.

The opinion cross-references Op. Att'y Gen. 2002-053 and incorporates Op. 2018-079 by reference for the building-signage analysis.

Citations

• Ark. Code Ann. § 5-73-122(a)(3)(C) (locked-vehicle exception, criminal statute)
• Ark. Code Ann. § 5-73-301 et seq. (concealed handgun licensure)
• Ark. Code Ann. § 5-73-306(18)(B)(ii) (locked-vehicle exception, location prohibition)
• Ark. Code Ann. §§ 14-16-504(a), (b)(1)(A) (state preemption, parallel statute)
• Ark. Code Ann. §§ 14-54-1411(a), (b)(1)(A) (state preemption of municipal firearm regulation)
• Op. Att'y Gen. 2018-079 (publicly owned building or facility exception, signage)
• Op. Att'y Gen. 2002-053 (mayor's directive on city employee firearms)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2018-143
May 10, 2019

The Honorable Terry Rice
State Senator
P.O. Box 2195
Waldron, AR 72958

Dear Senator Rice:

This is in response to your request for an opinion concerning a city policy pertaining to firearms. As background for the following questions, you reference a city policy that prohibits city employees from having a firearm in their vehicles parked in parking lots for city buildings:

1) Can the city prevent a city employee from having a firearm in a secured vehicle if the employee has a concealed handgun carry license?
2) If the city prohibits firearms inside city buildings, must notice be present at entrances?

RESPONSE

The answer to your first question is "no," in my opinion. With regard to your second question, please see Attorney General Opinion 2018-079 (enclosed for your convenience), which explains current law regarding the prohibition against carrying firearm in publicly owned buildings, and cities' option to post entryway signs prohibiting the concealed carry of firearms.

DISCUSSION

Question 1: Can the city prevent a city employee from having a firearm in a secured vehicle if the employee has a concealed handgun carry license?

In my opinion, the answer to this question is "no" because state law, in pertinent part, prohibits a city from issuing any regulations pertaining to firearms "except as otherwise provided in state or federal law":

A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.

State law allows a concealed-carry licensee to leave his concealed handgun in his locked and unattended vehicle in a city parking lot. The statute quoted above, therefore, prohibits a city from issuing a conflicting policy in this regard.

Question 2: If the city prohibits firearms inside city buildings, must notice be present at entrances?

I have enclosed for your convenience a copy of Attorney General Opinion 2018-079, which explains current law regarding the prohibition against carrying firearms in publicly owned buildings and cities' option to post entryway signs prohibiting the concealed carry of firearms. I will not restate the substance of this opinion but will instead recommend it to you for the complete analysis.

Sincerely,

LESLIE RUTLEDGE
Attorney General

Enclosure: Opinion No. 2018-079 (See the separately enriched page for that opinion's full text.)