Can my city ban guns at a kids' soccer game in a city park, and what about a private league that rented the field?

Plain-English summary

Representative Henley followed up on Opinion 2025-031 with the practical questions city officials and parents have been asking: can the city or a private league actually ban guns at the kids' game in the park? The AG's answer is mostly no, with one machine-gun exception.

Three points carry the analysis:

1. Cities cannot regulate firearms. A.C.A. § 14-54-1411 expressly preempts every local government, including cities, towns, counties, and quorum courts, from enacting any ordinance or regulation about owning, transferring, transporting, carrying, or possessing firearms. Subsection (c) carves out emergency ordinances during a governor-proclaimed state of emergency. Outside that narrow window, a municipal ban on guns in a park is invalid.

2. A private renter can sometimes exclude firearms, but it is hard. A nonprofit league that reserves part of a city park can use the criminal-trespass statute (A.C.A. § 5-39-203) to exclude weapons, but only if (a) it has a valid rental agreement giving it temporary control of a defined area, like a lessee or licensee with authority to enforce rules, and (b) it provides clear notice (signage at all entry points or verbal). Even meeting both requirements, enforcement is difficult on open, unenclosed fields where the public traditionally moves through freely.

3. Machine guns are different. The Uniform Machine Gun Act (A.C.A. § 5-73-201 et seq.) makes possession or use of a machine gun for an offensive or aggressive purpose a felony, and § 5-73-205(a) creates a rebuttable presumption that possession in public spaces (like a municipal park) is for that offensive purpose. So while you can legally open carry a handgun in a city park during a game, openly carrying a machine gun there will trigger that presumption and require a clear, lawful, non-threatening reason consistent with the Act and federal law.

This opinion incorporates Opinion 2025-031 by reference for the question of whether open carry during an athletic event is permitted at all (it is, in a municipal park, but not inside park buildings).

What this means for you

If you are a city council member, mayor, or city attorney

Do not pass an ordinance banning guns in city parks. State law preempts it under A.C.A. § 14-54-1411, and Opinion 2025-031 has already explained that open carry on park fields is lawful. The only narrow path to a temporary local restriction is an emergency ordinance during a gubernatorial state of emergency, which cannot be invoked because parents are uncomfortable. Existing ordinances purporting to ban firearms in parks are unenforceable.

If you run a youth sports league or charity event in a city park

You cannot rely on a "no firearms" sign alone to exclude lawfully carried guns from a public park. To make signage legally enforceable as criminal trespass, you need:
- A written rental or reservation agreement giving you temporary control of a specific marked area for the event;
- Clear, conspicuous notice at every entry point that firearms are prohibited inside the rented area, or verbal notice to anyone entering;
- A defined boundary that you actually control, including the ability to ask people to leave.

Even with all that, an outdoor athletic field is hard to control. The AG flags this directly: enforcement is challenging because these spaces remain open and accessible to the public by tradition. If you want firearm-free youth events with real legal teeth, an enclosed venue you actually lease (a school gym used after hours, a private rec center) is more defensible than an open city ball field.

If you are a parent at a youth athletic event

A spectator openly carrying a handgun on the sideline of a city park ball field is acting within Arkansas law. The city cannot ban it, the league cannot ban it without satisfying the criminal-trespass requirements above, and Opinion 2025-031 already established that open carry during an organized athletic event is permitted in the park (just not inside park buildings). If a machine gun appears, that is a different situation: A.C.A. § 5-73-205(a) creates a presumption that public possession of a machine gun is for an offensive purpose. Call law enforcement.

If you are a law enforcement officer

For handguns, the field-vs-building distinction from Opinion 2025-031 controls. For machine guns, A.C.A. § 5-73-205 does most of the work: possession in a place that is not the possessor's bona fide permanent residence or business creates a presumption of offensive or aggressive purpose, which makes the possession a felony unless the carrier can rebut the presumption with proof tied to the narrow corporate/ammunition-testing exemption in § 5-73-205(b). The AG's framing: "anyone who decides to openly carry a machine gun at a municipal park runs the risk of criminal prosecution for merely possessing the machine gun, loaded or unloaded."

Common questions

Can the city use park rules or a posted sign to ban firearms in the park?
No. A.C.A. § 14-54-1411 preempts all local firearm regulation. Park rules cannot do what an ordinance cannot do.

What if the city declares a state of emergency for an unrelated reason?
Subsection 14-54-1411(c) permits emergency firearm ordinances only during a state of emergency proclaimed by the governor. A city-declared emergency would not satisfy the statute. And even a governor-proclaimed emergency must relate to the regulation enacted; this is not a workaround for routine firearm bans.

A private youth league rents the soccer field. Can they post "no guns"?
Yes, but with conditions. They need a valid rental agreement giving them control of the area, clear signage at every entry point or verbal notice, and the practical ability to enforce. Even then, the AG warns enforcement is difficult on an open, unenclosed athletic field. A spectator who walks in past the sign with a handgun could face criminal trespass charges under A.C.A. § 5-39-203, but the case is harder to prove than on enclosed private property.

Does A.C.A. § 5-39-203 give the league authority to physically remove someone?
The statute creates the criminal offense of remaining unlawfully on premises after being notified your presence is prohibited. Removal is for law enforcement, not the renter. The league's use is calling police and providing the trespass notice that makes the charge stick.

Is it legal to open carry a hunting rifle at a soccer game in a city park?
Long guns are not addressed in detail in this opinion. The general analysis from Opinion 2025-031 about open carry in parks applies to "loaded firearm or other deadly weapon" under § 5-73-122. Practically, openly carrying a long gun at a youth sporting event will draw law enforcement attention and may invite scrutiny under criminal threatening or other statutes if accompanied by intimidating conduct.

What about a machine gun?
Different analysis. A.C.A. § 5-73-204 makes possession or use for an offensive or aggressive purpose a felony with a 10-year minimum sentence. A.C.A. § 5-73-205(a) creates the presumption of offensive purpose when the machine gun is possessed somewhere other than a bona fide permanent residence or business. The narrow rebuttal exemption in § 5-73-205(b) is essentially limited to ammunition manufacturers testing their product. For a private citizen at a kids' soccer game, the rebuttal path is essentially unavailable.

Background and statutory framework

A.C.A. § 14-54-1411 is the state-preemption statute for local firearm regulation. It bars any local unit of government from enacting ordinances or regulations pertaining to "the ownership, transfer, transportation, carrying, or possession" of firearms, ammunition, or firearm components, except as otherwise provided by state or federal law. The only carveout is § 14-54-1411(c), allowing emergency ordinances during a governor-proclaimed state of emergency.

A.C.A. § 5-39-203 is the criminal-trespass statute. A person commits criminal trespass by entering or remaining unlawfully on premises owned or leased by another after being lawfully notified that his or her presence is prohibited. The statute reaches both ownership and temporary possessory interests, including rented or reserved areas of a public space, but the renter's control must be real enough to support exclusion.

The Uniform Machine Gun Act, A.C.A. § 5-73-201 et seq., governs machine guns separately:
- § 5-73-202(2) defines a machine gun as any weapon, loaded or unloaded, from which more than five shots can be rapidly or semi-automatically discharged from a magazine by a single function of the firing device.
- § 5-73-204 makes possession or use of a machine gun for an offensive or aggressive purpose a felony punishable by at least 10 years.
- § 5-73-205(a) lists four situations triggering a rebuttable presumption that possession is for an offensive or aggressive purpose: (1) found on premises not owned or rented as a bona fide permanent residence or business by the possessor; (2) in possession of an unnaturalized foreign-born person; (3) in possession of someone convicted of a violent crime; or (4) found near pistol shells of .30 caliber or larger that could be used in the machine gun.
- § 5-73-205(b) carves out a narrow exemption: machine gun registered to a corporation manufacturing ammunition under federal law, used primarily for non-offensive ammunition testing, and the corporation is legally allowed to possess firearms.

The AG observes that this stands in sharp contrast to handgun law under § 5-73-120(a), which requires proof of unlawful intent. For machine guns, the statute presumes the offensive purpose; the burden flips to the possessor.

Citations

Statutes:
- A.C.A. § 5-39-203 (criminal trespass)
- A.C.A. § 5-73-122 (firearms in publicly owned buildings or facilities)
- A.C.A. § 5-73-201 et seq. (Uniform Machine Gun Act)
- A.C.A. § 5-73-202 (machine gun definition)
- A.C.A. § 5-73-204 (offensive use is a felony)
- A.C.A. § 5-73-205 (presumption of offensive purpose)
- A.C.A. § 14-54-1411 (state preemption of local firearm regulation)

Cases:
- Taff v. State, 2018 Ark. App. 488, 562 S.W.3d 877 (handgun mere possession is not a crime)

Other AG opinions:
- Opinion 2025-031 (firearms in publicly owned buildings, athletic events)
- Opinion 2015-064 (open carry definition)

Source

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

Original opinion text

BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-051
November 19, 2025
The Honorable Dolly Henley
State Representative
Post Office Box 128
Washington, Arkansas 71862

Dear Representative Henley:

I am writing in response to your request for an opinion on the legality of carrying of a loaded firearm or other deadly weapon at a children's athletic event held in a municipal park. You have relayed concerns expressed by law enforcement and a mayor in your district, as well as by parents who (1) have expressed discomfort with an individual openly carrying firearms during these events and (2) fear for the safety of participants and spectators.

Against this background, you ask the following questions:

1. Is it permissible for a person to carry a loaded firearm or other deadly weapon, whether concealed or carried openly, in the portions of a municipally owned or maintained park containing a sports field where an athletic event or practice is occurring at the time?

Brief response: This question was previously answered in Opinion 2025-031, which is incorporated by reference and attached for your convenience.

2. Does a municipality have the authority to prohibit firearms, whether concealed or carried openly, in the portion of a municipally owned or maintained park containing a sports field when an athletic event or practice occurs for the duration of the athletic event or practice?

Brief response: No, under A.C.A. § 14-54-1411, municipalities are preempted from enacting their own firearm regulations.

3. If an organization or entity other than a local government that owns or maintains a park is conducting an athletic event or practice by renting or reserving a portion of the municipal park, does that organization or entity have the right to prohibit firearms, whether concealed or carried openly, in the portion of the municipal park it has rented or reserved for the duration of the athletic event or practice?

Brief response: No, a private organization or nongovernmental entity that rents or reserves a portion of a municipal park for an event, such as an athletic event or practice, may not prohibit the possession of firearms, whether concealed or carried openly, within the area it temporarily controls, unless, and only if, it is able to exercise a level of control over that area to lawfully exclude others under A.C.A. § 5-39-203, the criminal trespass statute.

4. Does the analysis change for the first three questions if the firearm is a machine gun, as described in the Uniform Machine Gun Act, A.C.A. § 5-73-201 et seq.?

Brief response: Yes, the analysis changes if the firearm is a machine gun, as Arkansas law presumes possession of a machine gun in public places, like a municipal park, to be for an offensive or aggressive purpose under A.C.A. § 5-73-205, regardless of whether the weapon is loaded. Any rebuttal of the presumption would depend on demonstrating a clear, lawful, and non-threatening reason for possession that is consistent with both the Uniform Machine Gun Act and federal firearm regulations.

DISCUSSION

Question 1: Is it permissible for a person to carry a loaded firearm or other deadly weapon, whether concealed or carried openly, in the portions of a municipally owned or maintained park containing a sports field where an athletic event or practice is occurring at the time?

This question was previously addressed in Opinion 2025-031, which is incorporated by reference and attached for your convenience.

Question 2: Does a municipality have the authority to prohibit firearms, whether concealed or carried openly, in the portion of a municipally owned or maintained park containing a sports field where an athletic event or practice occurs for the duration of the athletic event or practice?

No, a municipality does not have the authority to prohibit firearms in municipal parks. This limitation arises from the express preemption found in A.C.A. § 14-54-1411, which bars any local unit of government, including cities, towns, and counties, from enacting ordinances or regulations that pertain to "the ownership, transfer, transportation, carrying, or possession" of firearms, ammunition, or firearm components, except as otherwise provided by state or federal law. Subsection 14-54-1411(c) provides a limited exception for emergency ordinances enacted during a state of emergency proclaimed by the governor, but absent such an emergency, municipalities are barred from regulating firearms in municipal parks or elsewhere within their jurisdiction.

Question 3: If an organization or entity other than a local government that owns or maintains a park is conducting an athletic event or practice by renting or reserving a portion of the municipal park, does that organization or entity have the right to prohibit firearms, whether concealed or carried openly, in the portion of the municipal park it has rented or reserved for the duration of the athletic event or practice?

No, a private organization or nongovernmental entity that rents or reserves a portion of a municipal park for an event, such as an athletic event or practice, may not prohibit the possession of firearms, whether concealed or carried openly, within the area it temporarily controls, unless, and only if, it is able to exercise a level of control over that area to lawfully exclude others under A.C.A. § 5-39-203, the criminal trespass statute.

Under A.C.A. § 5-39-203 (criminal trespass), a person commits criminal trespass by entering or remaining unlawfully on premises owned or leased by another after being lawfully notified that his or her presence is prohibited. This provision does not limit its application to ownership interests; rather it extends to temporary possessory interests as well, including rented or reserved areas of a public space.

To legally prohibit firearms in a rented or reserved area of a municipal park, the entity must satisfy two conditions:

1. The entity must have a valid rental or reservation agreement granting it temporary control over a specific area of the municipal park for the duration of the event or practice. The control must be like that of a lessee or licensee, such that the entity can enforce rules over the space, including the exclusion of weapons.

2. The entity must provide clear notice that firearms are prohibited. This notice may be accomplished through conspicuous signage at entry points around the perimeter of the reserved area or through verbal communication.

If an individual enters or remains in the reserved area with a firearm after being notified that firearms are not allowed, that person could face criminal trespass charges, even though the property is publicly owned. However, enforcing such restrictions may be challenging. Athletic fields are open and unenclosed spaces. Establishing the level of control necessary to support a criminal trespass charge may be difficult, particularly because activities of this nature have traditionally taken place in areas that remain open and accessible to the public.

Question 4: Does the analysis change for the first three questions if the firearm is a machine gun, as described in the Uniform Machine Gun Act, A.C.A. § 5-73-201 et seq.?

Yes, the analysis changes if the firearm is a machine gun, as defined by the Uniform Machine Gun Act. Under the Act, possession or use of a machine gun for an offensive or aggressive purpose constitutes a felony offense. Importantly, the Act establishes a rebuttable presumption that such possession or use is for an offensive or aggressive purpose under certain specific situations.

According to A.C.A. § 5-73-205(a), possession or use of a machine gun is presumed to be for an offensive or aggressive purpose in the following situations:

1. When the machine gun is found on premises not owned or rented as a bona fide permanent residence or business by the person possessing it;
2. When the machine gun is in the possession of or used by an unnaturalized foreign-born person;
3. When the machine gun is in the possession of or used by a person who has been convicted of a crime of violence in any federal or state court of the United States, its territories, or insular possessions; or
4. When empty or loaded pistol shells of 30 (.30 in. or 7.63 mm.) caliber or larger that could be used in the machine gun are found near it.

The statute provides a narrow exemption from the presumption if all the following are true:

1. The machine gun is registered to a corporation (or a representative of the corporation) that manufactures ammunition under the National Firearms Act or the Gun Control Act of 1968;
2. The machine gun is being used primarily to test ammunition in a non-offensive and non-aggressive way; and
3. The corporation or representative is legally allowed to possess firearms under state and federal law.

I understand this to mean that, except for the narrow exception outlined above, a person is generally not allowed to openly carry a machine gun, as defined by the Uniform Machine Gun Act. No Arkansas or federal court has addressed what other factors might rebut the presumption. This stands in sharp contrast to the treatment of handguns under A.C.A. § 5-73-120(a), which requires proof of unlawful intent to use a handgun against another person for a conviction. As such, anyone who decides to openly carry a machine gun at a municipal park runs the risk of criminal prosecution for merely possessing the machine gun, loaded or unloaded, because the possession would be presumed to be for an offensive or aggressive purpose. Any rebuttal of the presumption would depend on demonstrating a clear, lawful, and non-threatening reason for possession that is consistent with both the Uniform Machine Gun Act and federal firearm regulations.

Assistant Attorney General Justin Hughes prepared this opinion, which I hereby approve.

Sincerely,
TIM GRIFFIN
Attorney General