Can I carry a firearm in an Arkansas state park that sits on Army Corps of Engineers land?
Plain-English summary
Many Arkansas state parks sit on land managed by the U.S. Army Corps of Engineers (USACE) under joint-use arrangements (the Corps owns the land, the state runs the park). State Senator Terry Rice asked whether a citizen carrying a firearm into one of those parks is governed by Arkansas law (which is permissive about open-park carry) or federal law (which is restrictive on Corps land).
The AG's answer: both apply, but federal law is the binding constraint when you cross onto USACE-managed land.
State law (the open part of the park):
- Arkansas does NOT generally prohibit carrying a firearm in a state park outdoors.
- A.C.A. § 5-73-122(a)(1) makes it illegal to "knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility." That covers the visitor center, ranger station, and similar structures.
- Several exceptions to the building/facility rule exist (A.C.A. § 5-73-122(a)(3), (b)), including for enhanced concealed carry license holders (A.C.A. §§ 5-73-122(a)(3)(D), 5-73-322(h)).
- Other state laws govern concealed carry locations more generally (A.C.A. § 5-73-306) and authorize enhanced concealed carry holders to carry in many otherwise-restricted locations (A.C.A. § 5-73-322).
- A 2023 update (Act 166 of 2023, A.C.A. § 12-15-204) added municipal fire department bomb squad members to the list of people authorized to carry in publicly-owned buildings. The opinion notes Act 166 was not yet effective at the time of writing and does not change the analysis.
Federal law (USACE-managed water-resources project land):
- 36 C.F.R. § 327.13 prohibits possession of loaded firearms, ammunition, loaded projectile-firing devices, bows, crossbows, or other weapons on USACE water-resources development projects.
- Four exceptions: (1) federal, state, or local law enforcement officers; (2) hunting or fishing where USACE permits it, with weapons unloaded during transport to and from the site; (3) at authorized shooting ranges; (4) with written permission from the District Commander.
- 18 U.S.C. § 930 prohibits firearms in posted federal facilities, including USACE facilities.
- Under 36 C.F.R. § 327.26(3), state and local laws apply on USACE property to the extent they do not conflict with federal rules.
The AG noted two federal court decisions running in opposite directions:
- Morris v. U.S. Army Corps of Engineers, 60 F. Supp. 3d 1120 (D. Idaho 2014): held § 327.13 unconstitutional and enjoined enforcement on USACE property in Idaho. Reasoned that a USACE outdoor park is not a "sensitive place" under District of Columbia v. Heller, 554 U.S. 570 (2008).
- GeorgiaCarry.org, Inc. v. U.S. Army Corps of Engineers, 212 F. Supp. 3d 1348 (N.D. Ga. 2016): upheld § 327.13. Treated USACE dam property as a sensitive place because of its national-security infrastructure, and emphasized that the regulation is the government acting as proprietor of its own land, not as lawmaker over private behavior.
Neither case binds Arkansas. The AG also flagged that both predate New York State Rifle & Pistol Assn., Inc. v. Bruen, 142 S.Ct. 2111 (2022), which clarified Second Amendment doctrine but did not directly invalidate either decision. As of the opinion's date, § 327.13 remains the operative law on USACE-managed property in Arkansas.
A USACE proposal to remove the written-permission requirement was published in 2020 (80 Fed. Reg. 20460-01) but never adopted. The current rule still requires the written permission for non-exempt carriers.
What this means for you
Arkansas concealed carry license holders visiting state parks
Two zones to keep straight:
1. State-park outdoors on state-owned land: state rules apply. Generally permitted to carry. Avoid loaded firearms in any publicly-owned building or facility.
2. State park outdoors on USACE-managed land: federal law applies. Without one of the four exceptions (LEO, hunting/fishing per USACE rules, range use, written permission), do not carry. This is the strict regime.
Many Arkansas state parks (Bull Shoals, Greers Ferry, DeGray, Lake Ouachita, Beaver Lake, Lake Greeson, etc.) sit on or beside USACE projects. The boundaries are not always intuitive on the ground. Check the state park's published map, the Corps project map, and any posted signage at access points before you carry.
For enhanced concealed carry license holders: Arkansas's Act 562 of 2017 expanded what you can do on state property, but federal preemption on USACE land overrides the enhanced license. The license does not include a federal exception under 36 C.F.R. § 327.13.
Hunters and anglers using Corps lakes
The hunting/fishing exception in 36 C.F.R. § 327.13(a)(2) is your main legal path to carry on USACE property, but it has structure:
- Hunting/fishing must be permitted by the USACE in the specific location (check posted regulations and project-specific rules).
- Weapons must be unloaded during transport to and from the actual hunting or fishing site.
- The weapon must be appropriate for the activity. Carrying a sidearm "for protection" while fishing is not within the exception.
Violations can result in federal citations and revocation of access privileges.
State park staff and rangers
You operate in a dual-jurisdiction zone. State park visitors who are lawfully carrying on the state-owned portion of the park may be in violation the moment they step onto USACE-managed boundaries. Train staff to know:
- The boundary between state and USACE land in your park.
- The four federal exceptions.
- The procedure for federal-law violations: contact the USACE rangers or USACE law enforcement; do not attempt to enforce federal law as a state ranger.
Post signs at boundary points where practical. The lawsuit risk for unclear signage is real.
Local law enforcement responding to firearms calls on Corps land
The state-law framework is yours to enforce. The federal regime under 36 C.F.R. § 327.13 is enforced by USACE. Coordinate with USACE rangers and federal law enforcement when a call originates on USACE-managed land. The CFR's exception for "federal, state, or local law enforcement officer[s]" means your sworn officers are not subject to the carry restriction while on duty.
USACE rangers and project office staff
Two practical points:
- The District Commander can issue written permission under § 327.13(a)(4). Districts vary widely in how they handle these requests. Document any permission granted with the property and time scope, and ensure it is on hand for the carrier in the field.
- The 2020 proposed rule to remove the written-permission requirement was not adopted (80 Fed. Reg. 20460-01). The current rule still applies. Do not rely on the 2020 proposal as if it were law.
Second Amendment attorneys and policy analysts
The doctrinal split between Morris and GeorgiaCarry.org pre-dates Bruen, and post-Bruen litigation may revisit § 327.13. The AG's opinion does not predict an outcome but notes that the regulation remains in effect in Arkansas pending binding precedent. Bruen's history-and-tradition test plus the "sensitive place" doctrine (which Heller and Bruen both recognized for "schools and government buildings") leaves room for argument both ways on USACE outdoor land.
The "government as proprietor vs. government as lawmaker" reasoning in GeorgiaCarry.org (citing Engquist v. Oregon Dept. of Agric., 553 U.S. 591 (2008)) is doctrinally important but contested. A future Eighth Circuit case could go either way.
Common questions
Can I carry concealed in the visitor center of an Arkansas state park?
A.C.A. § 5-73-122(a)(1) bars knowingly carrying a loaded firearm in any publicly-owned building or facility. There are exceptions including for enhanced concealed carry license holders (A.C.A. §§ 5-73-122(a)(3)(D), 5-73-322(h)). Without the enhanced license or another exception, the answer is no.
Does my Arkansas concealed carry license help me on Army Corps land?
No, not by itself. 36 C.F.R. § 327.13 has only four exceptions, and a state CCL is not one of them. You need to fit one of the four federal exceptions to lawfully carry.
What about open carry in a state park?
State park outdoors: yes, generally. Inside any building or facility: no, with the exceptions noted. On USACE-managed land: no, unless one of the four federal exceptions applies.
Can I carry while hunting on a Corps lake?
Yes, if (a) hunting is permitted in that location by USACE, (b) you have any required state or federal hunting license, (c) the weapon is unloaded during transport to and from the hunting site, and (d) you comply with all other federal and state hunting rules.
What about a shooting range on Corps land?
36 C.F.R. § 327.13(a)(3) permits firearm possession at an "authorized shooting range." That is a specific location authorized by the project office for that use, not an informal target setup.
How do I get written permission from the District Commander?
Contact the relevant Corps district office (Little Rock, Memphis, or Vicksburg districts cover most Arkansas projects). The procedure varies by district. Submit a written request well in advance.
What if I unintentionally cross from a state park into USACE land while carrying?
The federal rule is strict liability for possession on Corps land without an exception. Pay attention to posted boundaries and project maps. If charged, raise the boundary-marking issue and any reasonable-mistake-of-fact defenses with your attorney.
Has Bruen changed any of this?
Not in Arkansas, as of this opinion. Bruen clarified Second Amendment doctrine but did not directly invalidate § 327.13. Future challenges may reach the Eighth Circuit.
Background and statutory framework
State law (firearms in publicly-owned buildings):
- A.C.A. § 5-73-122(a)(1): bars carrying a loaded firearm or other deadly weapon in any publicly owned building or facility.
- A.C.A. § 5-73-122(a)(3): exceptions list, including for enhanced concealed carry license holders.
- A.C.A. § 5-73-122(b): additional exceptions.
- A.C.A. § 5-73-306: lists locations where concealed handguns are prohibited and exceptions.
- A.C.A. § 5-73-322: authorizes concealed carry endorsement holders to carry in many otherwise-restricted locations and lists exceptions.
- A.C.A. § 12-15-204 (added by Act 166 of 2023): authorizes municipal fire department bomb squad members to carry concealed handguns; expands the § 5-73-122 exceptions to include them.
Federal law (firearms on USACE property):
- 36 C.F.R. § 327.13: prohibits firearms, ammunition, loaded projectile devices, bows, arrows, crossbows, and other weapons on USACE water-resources development projects, with four exceptions (LEO; hunting/fishing per regs; ranges; District Commander written permission).
- 36 C.F.R. § 327.26(3): state and local laws apply where they do not conflict with federal rules.
- 18 U.S.C. § 930: prohibits firearms in posted federal facilities.
Federal Register history:
- Rules and Regulations Governing Public Use of Water Resource Development Projects Administered by the Chief of Engineers, 80 Fed. Reg. 20460-01 (proposed April 13, 2020). Proposed removal of the written-permission requirement; not adopted.
Constitutional doctrine:
- District of Columbia v. Heller, 554 U.S. 570 (2008): individual right to keep and bear arms; "sensitive places" doctrine.
- New York State Rifle & Pistol Assn., Inc. v. Bruen, 142 S.Ct. 2111 (2022): history-and-tradition test for Second Amendment claims.
- Engquist v. Oregon Dept. of Agric., 553 U.S. 591 (2008): government as proprietor versus regulator.
Federal trial court splits (not binding in Arkansas):
- Morris v. U.S. Army Corps of Engineers, 60 F. Supp. 3d 1120 (D. Idaho 2014): § 327.13 enjoined as unconstitutional in Idaho.
- GeorgiaCarry.org, Inc. v. U.S. Army Corps of Engineers, 212 F. Supp. 3d 1348 (N.D. Ga. 2016): § 327.13 upheld for USACE dam property.
Citations
- A.C.A. § 5-73-122(a)(1), (3), (b) (publicly owned building firearm rules)
- A.C.A. § 5-73-306 (concealed handgun prohibited locations)
- A.C.A. § 5-73-322 (enhanced concealed carry exceptions)
- A.C.A. § 12-15-204 (municipal bomb squad carry, Act 166 of 2023)
- 36 C.F.R. § 327.13 (firearms on USACE projects)
- 36 C.F.R. § 327.26(3) (state/local law on Corps property)
- 18 U.S.C. § 930 (federal facilities)
- Morris v. U.S. Army Corps of Engineers, 60 F. Supp. 3d 1120 (D. Idaho 2014)
- GeorgiaCarry.org, Inc. v. U.S. Army Corps of Engineers, 212 F. Supp. 3d 1348 (N.D. Ga. 2016)
- District of Columbia v. Heller, 554 U.S. 570 (2008)
- New York State Rifle & Pistol Assn., Inc. v. Bruen, 142 S.Ct. 2111 (2022)
- Engquist v. Oregon Dept. of Agric., 553 U.S. 591 (2008)
Source
Original opinion text
Opinion No. 2023-011
April 13, 2023
The Honorable Terry Rice
State Senator
Post Office Box 2195
Waldron, Arkansas 72958
Dear Senator Rice:
I am writing in response to your request for an official opinion regarding carrying a firearm on United States Army Corps of Engineers property. Your correspondence states:
Several Arkansas state parks are located on U.S. Army Corps of Engineers property. While state parks themselves are not firearms restricted, entering through Corps of Engineers' property is restricted.
Given the foregoing, you have asked the following question:
What protections, if any, do the people of Arkansas have while visiting our state parks located on U.S. Army Corps of Engineers property while carrying a firearm?
RESPONSE
While state law does not prohibit people from carrying a firearm in a state park, it might be unlawful for a person to carry a firearm into a building or facility located in a state park. And, under federal law, a person wishing to carry a firearm or other prohibited weapon onto property managed by the U.S. Army Corps of Engineers may do so only if the person (1) is a federal, state, or local law enforcement officer; (2) is using the weapon for hunting or fishing as permitted by federal regulations; (3) is using the weapon at an authorized shooting range; or (4) has written permission from the District Commander.
DISCUSSION
Your question requires an analysis of both state and federal law.
-
State law. Arkansas law does not generally prohibit carrying a firearm in a state park. However, state law does make it illegal for a person who is not law enforcement, security, or military personnel "to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility...." There are a number of exceptions to this restriction, including an exception for enhanced concealed carry license holders. But unless one of these exceptions applies, it would be illegal for a person to knowingly carry or possess a loaded firearm in a building, office, or other facility in an Arkansas state park.
-
Federal law. Federal law prohibits the possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons at U.S. Army Corps of Engineers (USACE) water resources development projects unless:
(1) They are in the possession of a federal, state, or local law enforcement officer;
(2) They are being used for hunting or fishing as permitted by the USACE, with devices being unloaded while being transported to and from hunting or fishing sites;
(3) They are being used at authorized shooting ranges; or
(4) Written permission has been received from the District Commander.
With certain exceptions, federal law also prohibits the possession of firearms and weapons in posted federal facilities, which would include USACE facilities. To the extent that state and local laws and ordinances regarding the use and possession of firearms or other weapons do not conflict with federal laws or regulations, those laws and ordinances apply on USACE project property as well.
The federal regulation limiting the possession and use of firearms on USACE property, 36 C.F.R. § 327.13, has been challenged in other jurisdictions with differing outcomes. In Morris v. U.S. Army Corps of Engineers, a federal trial court in Idaho declared 36 C.F.R. § 327.13 unconstitutional. While acknowledging USACE's right to regulate handguns on its property, the court found that USACE could not ban handguns altogether. The court rejected USACE's argument that its parks are a "sensitive place," reasoning that key U.S. Supreme Court precedent limited the "sensitive place" analysis to facilities like "schools and government buildings," rather than "outdoor parks." Consequently, the court enjoined the enforcement of 36 C.F.R. § 327.13 on USACE property in Idaho.
By contrast, a federal trial court in Georgia held in GeorgiaCarry.org, Inc. v. U.S. Army Corps of Engineers that 36 C.F.R. § 327.13 did not violate the Second Amendment. The court reasoned that the military nature of the USACE dam and property at issue made it a "sensitive place" under key U.S. Supreme Court precedent. Also central to the court's decision was the fact that the regulation was "not an act of governance" but was "a managerial action affecting only government owned lands." The court reasoned that "there is a crucial difference, with respect to constitutional analysis, between the government exercising 'the power to regulate or license, as a lawmaker,' and the government acting 'as proprietor, to manage [its] internal operation.'"
While there is clearly some litigation in other jurisdictions on the constitutionality of 36 C.F.R. § 327.13, neither Morris nor GeorgiaCarry.org is binding in Arkansas. Given the absence of any binding precedent in Arkansas, 36 C.F.R. § 327.13 is still the law in Arkansas regarding the use and possession of firearms on USACE property.
- Conclusion. In conclusion, state law does not prohibit the carrying of a firearm in an Arkansas state park, but it might be unlawful for a person to carry a firearm into a building or facility located in a state park. And, under federal law, a person wishing to carry a firearm or other prohibited weapon onto property managed by the USACE may do so only if the person (1) is a federal, state, or local law enforcement officer; (2) is using the weapon for hunting or fishing as permitted by USACE regulations; (3) is using the weapon at an authorized shooting range; or (4) has written permission from the District Commander.
Senior Assistant Attorney General Kelly Summerside prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General