Committee approves bill allowing prosecutors and deputies to be awarded service firearm upon retirement

The House Judiciary Committee voted to advance House Bill 16-29, which would authorize a prosecuting attorney or deputy prosecuting attorney, under appropriate facts and circumstances, to be awarded the service firearm they carried upon retirement.

Daniel Shue, elected prosecuting attorney for the Twelfth Judicial District and legislative chairman of the Arkansas Prosecuting Attorneys Association, told the committee prosecuting attorneys regularly work with law enforcement, draft search and arrest warrants and sometimes attend scenes. Shue said the requested change mirrors similar authorities previously authorized for sheriffs, the Department of Corrections and other law-enforcement retirees.

Shue said recipients must be qualified: his office requires concealed-carry permits, qualification and weapons and use-of-force policies. Committee members pressed on training and legal obligations. Representative Tosh and others asked whether retirees would meet state and federal training requirements that apply to retired law-enforcement officers; Shue said his offices require qualification and compliance with the existing training rules.

Representative McCullough asked who may be issued weapons in service; Shue said issuance occurs by request and receipt and weapons are documented and returned at separation. Representative Collins asked whether current law already allows gifting of government property; Shue said he believed statutes and rules restrict simply giving away taxpayer-purchased weapons and that explicit authorization was preferable.

The committee approved a motion to do pass and advanced the bill.