Can a retired Arkansas police officer carry a concealed handgun without getting a regular CHCL?

Plain-English summary

Arkansas treats retired law enforcement officers as a special category of concealed-carry permit holder. The default rule is that anyone carrying a concealed handgun in Arkansas needs a concealed-handgun carry license (CHCL). Two statutes carve out an exception for retired officers: Ark. Code Ann. § 5-73-304 (which exempts certain current and former officers from the licensing requirements) and Ark. Code Ann. § 12-15-202(b) (which sets eight detailed eligibility criteria for a retired officer to carry without a license).

Then-Attorney General Leslie Rutledge concluded that a retired Arkansas officer who meets every prong of § 12-15-202(b), including retirement in good standing, current photo ID from a public law enforcement agency, annual qualification on the firearms-training standards at the officer's own expense, and at least ten aggregate years of service, may carry without going through the regular CHCL process. The opinion adds that such an officer is also exempt from the enhanced concealed-carry licensing scheme in § 5-73-322, meaning the retired officer enjoys the same broad carry privileges as an enhanced-license holder (and, in some places listed in § 5-73-306, even broader privileges) without taking the enhanced-license training.

A retired officer who does not meet § 12-15-202(b), say someone who retired due to mental disability, never had law-enforcement-firearms authority, or has not maintained annual qualification, must apply for a regular CHCL or, if desired, an enhanced license to carry lawfully.

Currency note

This opinion was issued in 2021. 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

At the time of this opinion, did Arkansas require retired officers to keep up with annual firearms qualification?
Yes. Ark. Code Ann. § 12-15-202(b)(1)(F) required, "during the most recent twelve-month period," that the retired officer meet "the standards of this state for training and qualification for active law enforcement officers to carry firearms," and the statute specified that the officer bore the cost.

Did the opinion treat all retired officers identically?
No. The opinion distinguished officers who retired in good standing (eligible) from those whose employment was terminated for disciplinary reasons or for a disqualifying criminal offense (not eligible under § 5-73-304(a)(1)(B)).

Could a qualifying retired officer carry inside courthouses, schools, or other prohibited places?
The opinion read § 5-73-122 and § 5-73-306 together with § 12-15-202(d). It concluded that a § 12-15-202(b)-qualified retired officer faced fewer prohibited-place restrictions than even an enhanced-license holder, because § 12-15-202(d) made the retired officer "not subject to the prohibitions and limitations of § 5-73-306."

Was the AG's prior opinion (Op. Att'y Gen. 2018-045) still controlling?
The 2020-034 opinion clarified 2018-045. The earlier opinion had said retired officers carry "in the same locations and subject to the same limitations" as an enhanced license holder. Op. 2020-034 narrowed that statement, explaining that the equivalence applied to publicly owned buildings under § 5-73-122, but that with respect to § 5-73-306's prohibited places the retired officer was actually less restricted.

Background and statutory framework

The opinion turned on three statutes working in tandem:

Ark. Code Ann. § 5-73-304 set the default exemption for "[a] current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer" from the licensing requirements of subchapter 3 of Title 5, Chapter 73, but only "if otherwise authorized to carry a concealed handgun." Subsection (a)(1)(B) excluded officers terminated for disciplinary reasons or disqualifying offenses. Subsection (d) tied the retired-officer exemption directly to § 12-15-202(b).

Ark. Code Ann. § 12-15-202(b) listed the eight conditions a retired officer had to satisfy: retirement in good standing for reasons other than mental disability; pre-retirement certification and authority to carry; current photographic ID issued by the former public-law-enforcement employer; no federal firearms disability; fingerprints on file; annual training and qualification at the officer's expense; aggregate ten years of service; and not under the influence of intoxicants.

Ark. Code Ann. § 5-73-322 created the enhanced concealed-carry endorsement, which permits its holders to carry in some public buildings and in some § 5-73-306 prohibited places. The opinion read § 5-73-304(d) as exempting qualifying retired officers from § 5-73-322 entirely, on the textual ground that "the licensing requirements of this subchapter" includes the § 5-73-322 endorsement.

The remaining piece, § 5-73-306, listed prohibited places. Section 12-15-202(d) lifted those prohibitions for qualifying retired officers, although limitations on enhanced license holders carrying on private college campuses, in college dormitories, and at grievance or disciplinary meetings (under § 5-73-322(c)-(e)) still applied.

Citations

Statutes:

• Ark. Code Ann. § 5-73-304 (Supp. 2019)
• Ark. Code Ann. § 5-73-301 et seq. (concealed-handgun licensing chapter)
• Ark. Code Ann. § 5-73-122 (carrying in publicly owned buildings)
• Ark. Code Ann. § 5-73-306 (prohibited places)
• Ark. Code Ann. § 5-73-322 (enhanced concealed-carry endorsement)
• Ark. Code Ann. § 5-73-309 (Supp. 2019) (general CHCL eligibility)
• Ark. Code Ann. § 12-15-202(b) (Supp. 2019) (retired-officer carry conditions)

Regulatory cross-references:

• 29 C.F.R. Part 553.210 (federal "fire protection activities" definition; cited only by analogy in the opinion's discussion of public-employee labor categories)

Prior AG opinions:

• Op. Att'y Gen. 2018-045

Source

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

Original opinion text

Opinion No. 2020-034
March 8, 2021
The Honorable Keith Slape
State Representative
HC 33 Box 107
Compton, AR 72624-9622
Dear Representative Slape:
STATE OF ARKANSAS
THE ATTORNEY GENERAL
LESLIE RUTLEDGE
You have presented the following questions for my opinion:
1) Pursuant to Arkansas Code §§ 5-73-304 and 12-15-202, may a retired law enforcement officer carry a concealed handgun in the State of Arkansas? If the response is in the affirmative, are the retired officers subject to any restrictions or other requirements of or for eligibility?
2) Pursuant to the previous question, may a retired law enforcement officer carry a concealed handgun in the State of Arkansas without having to comply with either statute, either individually or collectively?

RESPONSE
The answer to your first question is a qualified "yes." As explained further below, a retired law enforcement officer who meets all of the eligibility criteria set forth in Arkansas Code §§ 5-73-304 and 12-15-202 may carry a concealed handgun in the State of Arkansas, subject to certain restrictions. In response to your second question, a retired law enforcement officer who does not meet this eligibility criteria may still carry a concealed handgun if he or she fulfills the concealed-carry licensing requirements of subchapter 3 of Title 5, Chapter 73 and obtains a license to carry a concealed handgun.

DISCUSSION
Question 1: Pursuant to Arkansas Code §§ 5-73-304 and 12-15-202, may a retired law enforcement officer carry a concealed handgun in the State of Arkansas? If the response is in the affirmative, are the retired officers subject to any restrictions or other requirements of or for eligibility?

The two statutes you have cited allow for retired law enforcement officers to carry concealed handguns if they meet certain eligibility criteria. While the concealed handgun law, codified at Arkansas Code Annotated § 5-73-301 et seq., requires most individuals to obtain a license to carry a concealed handgun, certain current and former law enforcement officers are exempt from this licensing requirement. The exemption language states in pertinent part:

(a)(1)(A) A current or former certified law enforcement officer, chief of police, court bailiff, county sheriff, or retired law enforcement officer is exempt from the licensing requirements of this subchapter if otherwise authorized to carry a concealed handgun.
(B) A former certified law enforcement officer whose employment was terminated by a law enforcement agency due to disciplinary reasons or because he or she committed a disqualifying criminal offense is not exempt from the licensing requirements of this subchapter.

(d) A retired law enforcement officer is exempt from the licensing requirements of this subchapter if the retired law enforcement officer is permitted to carry a concealed handgun under § 12-15-202(b).

The aforementioned subsection 12-15-202(b), which governs the carrying of concealed weapons by retired law enforcement officers, similarly reiterates this exemption, providing in relevant part:

(b)(1) A concealed handgun may be carried by any retired law enforcement officer or retired auxiliary law enforcement officer acting as a retired auxiliary law enforcement officer who:
(A) Retired in good standing from service with a public law enforcement department, office, or agency for reasons other than mental disability;
(B) Immediately before retirement was a certified law enforcement officer authorized by a public law enforcement department, office, or agency to carry a firearm in the course and scope of his or her duties;
(C) Is carrying appropriate written photographic identification issued by a public law enforcement department, office, or agency identifying him or her as a retired and former certified law enforcement officer;
(D) Is not otherwise prohibited under federal law from receiving or possessing a firearm;
(E) Has fingerprint impressions on file with the system together with written authorization for state and national level criminal history record screening;
(F) During the most recent twelve-month period has met, at the expense of the retired law enforcement officer, the standards of this state for training and qualification for active law enforcement officers to carry firearms;
(G) Before his or her retirement, worked or was employed as a law enforcement officer or acted as an auxiliary law enforcement officer for an aggregate of ten (10) years or more; and
(H) Is not under the influence of or consuming alcohol or another intoxicating or hallucinatory drug or substance.

The above-quoted statutes clearly allow a retired law enforcement officer to carry a concealed handgun in the state of Arkansas if he or she meets the requisite criteria. Therefore, the answer to the first part of your question is "yes."

There are, however, several statutes that place restrictions on the carrying of a concealed handgun.

Ark. Code Ann. § 5-73-122
Section 5-73-122 generally prohibits the carrying of a firearm in publicly owned buildings or facilities. The statute lists several exceptions to this prohibition. The exception most relevant to retired law enforcement officers is found in section 5-73-322, which creates the enhanced concealed-carry licensing scheme for the carrying of concealed handguns. Under this scheme, individuals who complete the required training course and obtain the necessary "endorsement" are "exempted from the prohibitions and restrictions on ... carrying a firearm in a publicly owned building or facility under § 5-73-122, if the firearm is a concealed handgun ...."

As I have previously opined, a retired law enforcement officer who is permitted to carry a concealed handgun under subsection 12-15-202(b) is exempt from the enhanced licensing requirements set forth in section 5-73-322. In other words, a qualified retired law enforcement officer may carry a concealed handgun in all the same locations as an enhanced concealed-carry license holder, even though the retired officer has not obtained an enhanced license.

Thus, where section 5-73-122 creates exemptions for enhanced concealed-carry license holders, those exemptions also apply to retired law enforcement officers. Similarly, a retired law enforcement officer is prohibited from carrying a concealed handgun in those locations listed in section 5-73-122 that are also off-limits to enhanced concealed-carry license holders.

Ark. Code Ann. § 5-73-306
Section 5-73-306 lists prohibited places where, except as otherwise permitted, concealed-carry license holders may not carry a concealed handgun. Enhanced concealed-carry license holders may carry in some, but not all, of the prohibited places listed in section 5-73-306. Retired law enforcement officers who are permitted to carry a concealed handgun under section 12-15-202 are "not subject to the prohibitions and limitations of § 5-73-306." Consequently, retired law enforcement officers are subject to fewer restrictions than enhanced license holders.

Ark. Code Ann. § 5-73-322
Finally, section 5-73-322, which creates the enhanced concealed-carry scheme, includes restrictions on where and under what conditions an enhanced license holder may carry or possess a concealed handgun in university, college, or community college buildings or grounds. Except for the provisions referencing section 5-73-306's prohibited places, section 5-73-322's limitations on enhanced concealed-carry license holders would also apply to retired law enforcement officers.

Question 2: Pursuant to the previous question, may a retired law enforcement officer carry a concealed handgun in the State of Arkansas without having to comply with either statute, either individually or collectively?

As discussed above, a retired law enforcement officer who meets the criteria set forth in section 12-15-202(b) may carry a concealed handgun in the State of Arkansas without being subject to the licensing requirements of subchapter 3 of Title 5, Chapter 73. If a retired law enforcement officer wishes to carry a concealed handgun but does not meet the aforementioned criteria, he or she would then be required to meet the concealed-carry licensing requirements of subchapter 3 of Title 5, Chapter 73.

Sincerely,
LESLIE RUTLEDGE
Attorney General