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Sponsor pulls bill after state police oppose expedited temporary concealed-carry permits for petitioners in protection orders

CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE · March 19, 2019
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Summary

Senate Bill 223, which would have allowed petitioners for orders of protection to obtain expedited 90-day concealed-carry permits, was pulled after the Arkansas State Police and committee members raised concerns about issuing permits based on petitions, waived training requirements, background-check timing, and public-safety risks.

Senator Garner introduced Senate Bill 223 to create an expedited temporary concealed-carry permit process for petitioners seeking orders of protection following domestic abuse allegations, allowing a 90-day permit to facilitate protection and, in some cases, interstate travel during the temporary period. Garner said the measure was permissive (petitioners would not be required to take the temporary permit) and intended to empower survivors.

Senator Flowers and others pressed concerns about issuing expedited permits on the basis of an ex parte petition (filed without the presence of the alleged abuser), whether petitioners in a highly stressed state might lack the training or judgment to safely carry a firearm, and how such a policy would affect due process for the defendant. Major Lindsey Williams, commander of the Arkansas State Police regulatory division, testified in opposition. She flagged multiple operational concerns: the bill would apply to petitioners who merely filed for protection rather than those granted an order; it would permit issuance without any training or demonstration of proficiency; the one-business-day issuance requirement is infeasible because the State Police must send fingerprints to the FBI and cannot reliably complete background checks that quickly; and the agency would need IT updates and resources to identify and process the new temporary permits.

Major Williams said the agency's experience shows untrained people under stress can have difficulty demonstrating proficiency and that the measure risked premature or unsafe use of weapons. Members asked technical questions about background-check timing and administrative capacity; the State Police said routine processing currently can take weeks to a month, and FBI responses vary.

After extended questioning and the State Police's written and oral concerns, Senator Garner acknowledged the agency's objections and stated he would work with the Arkansas State Police on timing and implementation details. He then announced he would pull the bill from committee. No committee vote on the measure was taken.

The committee record shows the controversy centered on (1) whether issuance should be tied to a granted order rather than an unproven petition, (2) minimum training and proficiency requirements before issuing a concealed-carry permit, and (3) realistic processing timelines for background checks and agency IT updates. Sponsor said he would amend and reintroduce the measure after agency consultations.