Arkansas Court Delivers Win for the Right to Bear Arms
Arkansas’s firearm preemption law prohibits localities and political subdivisions from enacting any measures dealing with the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms. Despite that, the city of Little Rock has prohibited lawful carry in all city-owned buildings… at least until now.
Law professor Robert Steinbuch believed the policy was a violation of state law, and decided to do something about it back in 2022.
“We saw this sign up that said nobody is allowed in with firearms,” Steinbuch said. “Including, critically, those that have the enhanced concealed carry license.”
Steinbuch felt that violated state law. So he, along with another attorney, decided to sue.
“Chris Corbett went up to the city hall and said to the security guard, ‘I have an enhanced concealed carry license- may I come in with my firearm?” Steinbuch described. “And they said no.”
After that, the lawsuit began.
And then dragged on, to the point that Steinbuch and Corbett appealed to the Arkansas Supreme Court in the hopes of getting a new judge assigned to the case; one who wouldn’t drag their feet in issuing a ruling.
Coincidentally or not, the judge did finally issue an opinion last Friday, and ruled in favor of the plaintiffs.
“He issued the order in which we won,” Steinbuch said. “So four years later, on a matter that could have been decided three-and-a-half years earlier, finally, we got a decision.”
Judge Fox’s office didn’t return our request for comment on Tuesday.
However, his ruling shows clear agreement with Steinbuch on two points—the city’s policy violates Arkansas code, and the city must stop enforcing it immediately.
Steinbuch said he hadn’t yet confirmed how the city plans to follow this ruling.
Officials have indicated they’ll appeal the decision instead of taking down the “no guns allowed” signage, but if the judge issued an injunction halting enforcement of the carry ban then the city will have to ask to have that order stayed while the litigation continues.
The state’s firearm preemption law arguably should be enough to strike down the city’s policy, but the law regarding enhanced concealed carry permits makes is abundantly clear that Little Rock doesn’t have the authority to ban lawful carry in all city-owned buildings… at least for those with an enhanced carry license. The Arkansas Department of Public Safety website helpfully notes the areas where those with an enhanced permit can legally bear arms.
A.C.A. § 5-73-122 – Carrying a firearm in publicly owned buildings or facilities.
Exempted licensees with an Enhanced CHCL from the prohibition on carry and possession of a firearm in publicly owned buildings, facilities, and on State Capitol grounds, so long as the location is not a:
▪ Courtroom;
▪ Administrative hearing conducted by a state agency;
▪ Public school (K-12), public pre-K, or public daycare facility;
▪ Facility operated by the AR Division of Correction or Division of Community Correction; or
▪ “Posted firearm-sensitive area” located at the Arkansas State Hospital, the University of Arkansas for Medical Sciences, or a collegiate athletic event
Given that language, I share Steinbuch’s frustration with the slow-walking of the lawsuit. There’s no legitimate reason why this litigation should have been dragged out for four years when the statute explicitly states that carrying in publicly owned buildings is allowed with a very few exceptions.
Based on that, there’s also no way that Little Rock is going to prevail in its appeal. Instead of doing the right thing, though, it looks like city officials are going to try to delay the inevitable for as long as possible. The appellate court should swiftly rule in favor of the plaintiffs here, and the courts should also reject any attempt by Little Rock to keep its “gun-free zones” in place while they drag out their doomed defense of the carry ban.
