Can I carry a gun openly in an Arkansas city park, including during a kids' soccer game, without a concealed-carry permit?
Plain-English summary
Arkansas is a constitutional-carry state, but where you can lawfully carry a handgun is governed by two overlapping statutes that confuse a lot of people, including police and city officials. Representative Barker asked the AG to sort out three concrete questions about municipal parks, athletic events, and concealed-carry restrictions.
The bottom line:
- Open carry in city parks is allowed, even during a Little League game on a park field. The 2021 amendment to A.C.A. § 5-73-122(a)(4) flipped the definition of "facility" so that municipal parks, ball fields, and similar outdoor recreational properties are no longer "publicly owned facilities" where carrying is banned. That change applies to open carry regardless of whether an athletic event is happening on the field.
- Open carry inside a city-owned building inside the park is still a crime. The redefinition of "facility" did not touch buildings. Gyms, community centers, restrooms, and any other municipally owned or operated building remain off-limits for both open and concealed carry, with narrow exceptions for licensed concealed carriers under specific subsections.
- "Athletic event" means organized sports. The AG borrowed the statutory definition of "collegiate athletic event" and applied it generally: organized games, contests, or practices sponsored by a school, league, or other entity. Neighborhood kids playing frisbee in a park does not count.
- A.C.A. § 5-73-306 (Prohibited places) is a concealed-carry statute. It does not regulate open carry. But other statutes, including criminal trespass under § 5-39-203, can still make open carry illegal in a particular spot, especially on private property posted against weapons.
What this means for you
If you are a gun owner in Arkansas
You may openly carry a handgun in a municipal park, including during youth or adult athletic events on park fields, without a concealed-carry license. You may not carry it (open or concealed) inside any building owned or operated by the city sitting on park grounds. If you have a standard concealed-carry license, the building prohibition still applies to you; only an enhanced concealed-carry license under § 5-73-322(g) lifts it for handguns. Posted "no weapons" signage on private property creates criminal-trespass liability if you ignore it, even if no statute specifically bans open carry there.
If you are a parent or coach at a youth athletic event
A spectator openly carrying a handgun on the sideline of a city-park ball field is not, by itself, breaking Arkansas law as long as the firearm stays outside any building. The mayor or league cannot make it illegal by ordinance (see Opinion 2025-051 on the preemption issue). Concealed carry, by contrast, is prohibited at organized athletic events under § 5-73-306(10) unless the carrier holds an enhanced license.
If you are a city official or park-and-recreation staff
You cannot pass an ordinance banning firearms in parks; the General Assembly preempted that under A.C.A. § 14-54-1411 (covered in detail by Opinion 2025-051, the companion ruling). What you can do: clearly mark which structures inside the park are buildings (the open-carry ban there is intact), and train staff that the field-vs-building distinction is what controls.
If you are a law enforcement officer
The AG's reading: open carry on the field during an athletic event is lawful; open carry inside the park's gym or community center is a Class C misdemeanor under § 5-73-122. Concealed carry without an enhanced endorsement during an athletic event is prohibited under § 5-73-306(10). When in doubt, the AG points to the canon against surplusage: "building" and "recreational structure or property" do not mean the same thing, and the AG would not include gyms in the open-carry-allowed list.
Common questions
Can the city ban guns in its own park?
No. State law preempts local firearm regulation. See companion Opinion 2025-051.
Can a private youth-league organizer that rented the field ban guns at their event?
Only if they meet the criminal-trespass requirements: a valid rental or reservation that grants temporary control of the area, plus clear notice (signage or verbal). Even then, enforcement is hard because outdoor athletic fields are open spaces. See companion Opinion 2025-051.
What counts as an "athletic event" for the concealed-carry ban?
Organized sports activities sponsored, funded, or associated with a school, league, association, or similar entity, including practices. Pick-up games, neighborhood kids playing, or casual frisbee sessions do not count.
Does the journey exception let me carry inside a public building?
No. The journey exception applies only to A.C.A. § 5-73-120(a) (carrying a weapon with unlawful intent), not to § 5-73-122 (publicly owned buildings). The AG explicitly says these are separate offenses.
If I have a regular concealed-carry license, can I carry concealed in a park gym?
No. The standard CCL exemption in § 5-73-122(a)(3)(F) covers parks and similar outdoor recreational properties, but not buildings inside them, not athletic events on the fields, and not leased special-event areas. Only an enhanced license under § 5-73-322(g) lifts those restrictions.
What about open carry on private property where the owner does not want guns?
Open carry there can still be criminal trespass under § 5-39-203 if the owner has provided notice (signs or verbal). The AG flags this as a common gap in understanding: § 5-73-306 only restricts concealed carry, but other statutes and private property rights restrict open carry.
Background and statutory framework
Arkansas weapons law lives mostly at A.C.A. §§ 5-73-101 to 5-73-402. Two sections drive most of the confusion this opinion addresses:
§ 5-73-122 (Carrying a firearm in publicly owned buildings or facilities) prohibits knowingly carrying a loaded firearm or other deadly weapon in any publicly owned building or facility, with a long list of exceptions. Two 2021 amendments are critical:
- Act 638 of 2021 added § 5-73-122(a)(3)(F), an exception for licensed concealed carriers in municipal parks, with carve-outs for fields during active athletic events, buildings, and leased special-event areas.
- Act 693 of 2021 amended § 5-73-122(a)(4) by replacing "means" with "does not mean." That single-word change took municipal parks, football/baseball/soccer fields, and similar recreational structures or properties out of the definition of "facility" entirely. The result: open carry in those spaces is no longer covered by § 5-73-122 at all.
§ 5-73-306 (Prohibited places) is a concealed-carry statute. It begins, "Except as permitted under § 5-73-322(g), a license to carry a concealed handgun issued under this subchapter does not authorize a person to carry a concealed handgun into..." It has nothing to say about open carry directly. The AG emphasizes that not regulating open carry is not the same as permitting it: criminal trespass and other location-specific bans still apply.
§ 5-73-322(g) is the enhanced concealed-carry endorsement administered by the Arkansas State Police. Holders of the enhanced license get exempted from many of the § 5-73-306 prohibitions and from the building prohibition in § 5-73-122 for handguns.
The AG resolves the open-vs-concealed question for athletic events using the canon known as casus omissus pro omissio habendus est ("what a text does not provide is unprovided"). Because the General Assembly explicitly banned concealed carry during athletic events but said nothing about open carry, the AG declines to read in an open-carry ban the legislature did not write.
For the building question, the AG uses ejusdem generis (a general term following a list of specific items takes its meaning from those items). The list in § 5-73-122(a)(4) is "park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property." All those are open-air outdoor spaces. The catch-all "recreational structure or property" stays limited to that kind of thing; it does not sweep in enclosed buildings.
For the "athletic event" definition, the AG borrows from § 5-73-101(2)'s definition of "collegiate athletic event": a sporting or athletic contest, event, or practice involving individuals or teams sponsored by, funded by, represented by, or associated with a school, league, or other entity. The AG generalizes the same idea to "athletic event" wherever the term appears in §§ 5-73-122 and 5-73-306, which captures organized youth sports, school sports, amateur leagues, martial arts tournaments, and CrossFit competitions, but not pick-up play.
Citations
Statutes:
- A.C.A. § 5-73-119 (firearms at K-12 schools)
- A.C.A. § 5-73-120 (carrying a weapon with unlawful intent)
- A.C.A. § 5-73-122 (publicly owned buildings or facilities)
- A.C.A. § 5-73-301 (concealed-carry license)
- A.C.A. § 5-73-306 (prohibited places, concealed carry)
- A.C.A. § 5-73-322 (enhanced concealed-carry endorsement)
- A.C.A. § 5-39-203 (criminal trespass)
- A.C.A. § 20-24-118 (defining "publicly owned building")
Cases:
- Taff v. State, 2018 Ark. App. 488, 562 S.W.3d 877 (mere possession is not a crime)
- Pettry v. State, 2020 Ark. App. 162, 595 S.W.3d 442 (state must prove intent to use unlawfully)
- MacSteel Div. of Quanex v. Ark. Okla. Gas Corp., 363 Ark. 22, 210 S.W.3d 878 (2005) (statutory construction)
Source
Original opinion text
BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-031
November 14, 2025
The Honorable Sonia Eubanks Barker
State Representative
Post Office Box 534
Smackover, Arkansas 71762
Dear Representative Barker:
I am writing in response to your request for an opinion on Arkansas's regulatory framework governing firearms. You ask the following questions:
- Under A.C.A. § 5-73-122 (Carrying a firearm in publicly owned buildings or facilities), paragraph (a)(4) redefined "facilities." This redefinition permits unlicensed constitutional carry in municipal parks, but does it allow unlicensed constitutional carry in publicly owned or municipal buildings or at athletic events held within those parks?
Brief response: While A.C.A. § 5-73-122 allows open carry in municipal parks and during athletic events, it does not authorize carrying firearms inside municipally owned or operated buildings within those parks.
- What is the definition of an "athletic" event as used in A.C.A. § 5-73-122 and § 5-73-306? Specifically, do these sections refer to organized sports events or all "sports" events, such as neighbor kids playing together with a ball or a frisbee, etc.?
Brief response: Under A.C.A. § 5-73-122 and § 5-73-306, "athletic event" refers to organized sports activities, such as games, contests, or practices affiliated with school, leagues, or other entities, and does not include unorganized play. While the statutes do not define "athletic event" directly, related definitions and context suggest it includes events with structure, sponsorship, or both.
- Does A.C.A. § 5-73-306 (Prohibited places) apply to all persons carrying handguns, including unlicensed constitutional carry, or just persons licensed under § 5-73-301 and § 5-73-322?
Brief response: Arkansas Code § 5-73-306 applies to anyone carrying concealed handguns, whether they are licensed or not. It does not cover open carry, but other laws, such as criminal trespass under A.C.A. § 5-39-203, might prohibit open carry at a specific location, even absent an explicit statutory ban.
DISCUSSION
Arkansas is a constitutional carry state for handguns, meaning that a person may carry a handgun, without a license, either open carry or concealed, provided that (1) the individual is legally allowed to possess a firearm under state and federal law; (2) the handgun is not carried in any location where firearms are prohibited by state or federal law; and, most importantly, (3) the handgun is not carried with the intent to use it unlawfully against another person.
The meaning of "constitutional carry" and the places where Arkansas law allows it have been persistent sources of confusion. In Taff v. State, the Arkansas Court of Appeals provided some clarity when it indicated in dicta that "[m]erely possessing a handgun is not a crime." Two years later, the Court held in Pettry v. State that the State must "prove [a person] possessed [a handgun] with the purpose of using it for an unlawful end." So mere possession of a handgun, whether it is openly carried or concealed, is not a crime in the State of Arkansas under A.C.A. § 5-73-120(a).
While mere possession may not be a crime, knowingly carrying or possessing a loaded firearm or other deadly weapon in a publicly owned building or facility is a separate crime under A.C.A. § 5-73-122. This distinction is important because one of the most frequently discussed exceptions to the crime of carrying a weapon, the "journey" exception found in A.C.A. 5-73-120(c)(4), is not applicable to the crime of carrying a loaded firearm or other deadly weapon in a publicly owned building or facility. These are separate offenses, and of those two, the journey exception applies only to carrying a weapon under A.C.A. § 5-73-120(a). Since your questions center on A.C.A. § 5-73-122 and A.C.A. § 5-73-306, the journey exception is not applicable to this analysis.
Arkansas and federal law specify numerous locations where carrying a handgun, whether open carry or concealed, is prohibited. But before I answer your specific questions, it may be useful to review some of Arkansas's weapons laws.
Most Arkansas weapons statutes are codified in A.C.A. §§ 5-73-101 to 5-73-402, with the relevant administrative regulations located in 5 Code Ark. R. §§ 1-101 to 1-305.
- Section 5-73-119 prohibits carrying a handgun at public or private schools from kindergarten through grade 12, including on school buses and at bus stops, unless an exemption applies.
- Section 5-73-120 forbids carrying a weapon with the intent to use it against someone unlawfully.
- Section 5-73-122 bans carrying or possessing a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds.
- Section 5-73-306 prohibits carrying a concealed handgun in any of the locations listed in § 5-73-122, as well as in other specified locations, regardless of whether the carrier holds a concealed carry license.
- Sections 5-73-122 and 5-73-306 include many exemptions. Notably, the exemption for enhanced concealed carry license holders permits them to carry concealed in many of the locations listed in § 5-73-306. Those exemptions are more clearly outlined in 5 Code Ark. R. § 1-205.
Question 1: Under A.C.A. § 5-73-122 (Carrying a firearm in publicly owned buildings or facilities), paragraph (a)(4) redefined "facilities." This redefinition permits unlicensed constitutional carry in municipal parks, but does it allow unlicensed constitutional carry in publicly owned or municipal buildings or at athletic events held within those parks?
While A.C.A. § 5-73-122 allows open carry in municipal parks and during athletic events, it does not authorize carrying inside municipally owned or operated buildings within those parks. Explaining why that is the case requires some statutory interpretation. The first rule in considering the meaning and effect of a statute is to construe the text just as it reads, giving the words their ordinary and accepted meaning in common language. The courts will construe a statute so that no word is left void, superfluous, or insignificant; and meaning and effect are given to every word in the statute if possible. When the language of a statute is plain and unambiguous, there is no need to resort to the rules of statutory interpretation.
In 2021, the General Assembly adopted two amendments to § 5-73-122 that directly relate to your question. First, it added an exemption for concealed carry license holders in § 5-73-122(a)(3)(F). It also modified the definition of facility by replacing "means" with "does not mean" in § 5-73-122(a)(4). Collectively, both subdivisions state:
(3) However, this subsection does not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds:
(F) If the person has a license to carry a concealed handgun under § 5-73-301 et seq. and is carrying a concealed handgun in a municipally owned or maintained park, or another similar municipally owned or maintained recreational property, except for those portions of a municipally owned or maintained park or recreational facility that contain a:
(i) Football field, baseball field, soccer field, or other sports field where an athletic event or practice is occurring at the time;
(ii) Municipally owned or maintained building; or
(iii) Leased area to be used for a special event.
(4) As used in this section, "facility" does not mean a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property.
First, § 5-73-122(a)(3)(F) allows a person with a concealed carry license to carry a handgun in a municipal park or other similar recreational property owned or maintained by a municipality. This general permission is subject to three exceptions: (1) fields during active athletic events or practices; (2) municipally owned or maintained buildings; and (3) in a leased area of the park being used for a special event. However, those with a concealed carry endorsement under § 5-73-322(g) are exempt from the first two prohibitions: they may carry concealed during athletic events or practices and in municipally owned or maintained buildings.
Second, by substituting "does not mean" for "means" in § 5-73-122(a)(4), the General Assembly removed the prohibition on knowingly carrying a loaded firearm or other deadly weapon in municipal parks, athletic fields, and similar municipal recreational structures or properties in an open carry context. This is true regardless of any athletic event happening on a field in the municipal park. While § 5-73-306(10) continues to prohibit concealed carry during athletic events, this prohibition does not extend to open carry. The fact that the General Assembly prohibits concealed carry license holders from carrying a handgun during athletic events or practices does not mean that a similar prohibition applies in an open carry context. Thus, a person may open carry in a municipal park, including during an athletic event. However, the prohibition related to buildings remains. While § 5-73-122 does not define "publicly owned building," the term is defined elsewhere in Arkansas law as "those buildings which are owned or operated by a municipal, county, or state government." Nothing in § 5-73-122(a)(4) suggests that the redefinition of "facility" affects regulations of buildings within municipal parks. Those buildings were never within the definition of "facility."
One might argue that § 5-73-122(a)(4)'s reference to "another similar municipally owned or maintained recreational structure or property" includes buildings, but it does not. The ejusdem generis (of the same kind) canon is helpful here. It provides that when general words follow a list of two or more things, they apply only to persons or things of the same general kind or class specifically mentioned. Here, "park," "football field," "baseball field," and "soccer field" all describe open, outdoor recreational areas. So the catch-all phrase "another similar municipally owned or maintained recreational structure or property" is limited to open-air municipal facilities, not enclosed buildings.
If the General Assembly had included gymnasiums in the list of sports fields in § 5-73-122(a)(4), that might have implied that open carry was allowed in certain recreational buildings, but it did not. Finally, the canon against surplusage (which states that courts should avoid a reading that renders some words completely redundant) suggests that "municipally owned or maintained building[s]" and "municipally owned or maintained recreational structure[s] or propert[ies]," do not mean the same thing. Section 5-73-122 uses both phrases. Nothing in § 5-73-122 leads me to believe that they mean the same thing, or that "recreational structure or property" is a subset of building. Thus, open carry inside buildings within municipal parks is still prohibited.
Question 2: What is the definition of an "athletic" event as used in A.C.A. § 5-73-122 and § 5-73-306? Specifically, do these sections refer to organized sports events or all "sports" events, such as neighbor kids playing together with a ball or a frisbee, etc.?
"Athletic events" refers to organized sports activities, including games, contests, and practices. The term does not include unorganized events, such as neighbor kids playing with a ball, as you mentioned. Sections 5-73-122 and 5-73-306 do not define an "athletic event," and no Arkansas court has construed the term's meaning in this context. However, A.C.A. § 5-73-101(2) defines "collegiate athletic event" as a "sporting or athletic contest, event, or practice of an individual or team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private university, college, or community college competes against themselves or another individual or team of individuals."
The definitions in § 5-73-101 apply to Chapter 73, which includes § 5-73-122 and § 5-73-306. Collectively, those sections mention "athletic event" four times. Two references relate to prohibitions on concealed carry in designated firearm-sensitive areas, approved by the Arkansas State Police, during a "collegiate athletic event." One (which has already been discussed) bans concealed carry license holders from carrying at municipal athletic fields during "athletic event[s] or practice[s]." The final reference bans concealed carry at "[a]ny athletic event not related to firearms."
As explained above, "[w]ords are to be understood in their ordinary, everyday meanings, unless the context indicates that they bear a technical sense." Since "collegiate athletic event" is already defined, the context suggests that "athletic event" should be understood considering that definition. "Any" is an expansive and inclusive adjective modifying "athletic event." So I understand "athletic event" to refer to the following: a sporting or athletic contest, event, or practice of an individual or a team of individuals in which one (1) or more individuals or a team of individuals sponsored by, funded by, represented by, or associated with a public or private organization, league, school, association, or other entity competes against themselves or another individual or team of individuals.
This definition encompasses a wide range of organized activities such as school, youth, and amateur competitions; martial arts tournaments; city-sponsored leagues; charity runs; dance and cheerleading competitions; and CrossFit competitions. It does not cover pick-up games or casual activities in parks, which lack structure, sponsorship, or both. These unorganized gatherings are outside the statutory ban on concealed carry during athletic events.
Question 3: Does A.C.A § 5-73-306 (Prohibited places) apply to all persons carrying handguns, including unlicensed constitutional carry, or just persons licensed under § 5-73-301 and § 5-73-322?
No, A.C.A. § 5-73-306 only applies to individuals carrying a concealed handgun, whether they are licensed or not. The statute begins: "Except as permitted under § 5-73-322(g), a license to carry a concealed handgun issued under this subchapter does not authorize a person to carry a concealed handgun into..." followed by a list of prohibited locations.
In simple terms, § 5-73-306 outlines the places where a person cannot carry a concealed handgun, even if that person has a concealed carry license, unless an exemption applies. The statute does not regulate open carry, but this does not imply that open carry is automatically permitted in all the listed locations. Other legal restrictions on open carry still apply. For instance, A.C.A. § 5-73-122 makes it a Class C misdemeanor to openly carry in any publicly owned building or facility unless an exemption applies.
Moreover, private property owners, such as businesses, churches, event venues, and restaurants, retain broad authority to exclude weapons of any kind from their premises. Under A.C.A. § 5-39-203, a person commits criminal trespass by entering or remaining on someone else's property after being notified, either verbally or by signage, that weapons are prohibited. This means that open carrying onto private property where it is not permitted can result in criminal charges, even though no specific statute prohibits open carry in that location. Ultimately, the rights of property owners take precedence in these settings, and violating those rights may result in criminal liability.
In sum, A.C.A. § 5-73-306 governs the scope of concealed carry licensure. It does not regulate open carry, but other statutes and private property rights impose limits on where firearms may be carried.
Assistant Attorney General Justin Hughes prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General