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Arkansas Concealed Carry

devinschumacher edited this page Oct 30, 2024 · 1 revision

Arkansas Concealed Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.


Arkansas Concealed Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.


An overview of the gun laws of Arkansas

Arkansas is a shall-issue, permitless carry state. Concealed weapons licenses are issued at the state level by the Department of Public Safety.

No license, background check, or firearms registration is required when buying a handgun from a private individual.

Permitless open carry is legal without a license for any person who is at least 18 years old and can legally possess a firearm. On October 17, 2018, the Arkansas Appeals Court ruled in case CR-18–353 Jamie Taff v. State of Arkansas that the possessor of a handgun must have an unlawful intent to use it as a weapon against a person for possession to be a criminal act. Some areas, including schools and bars, are off-limits.

Concealed carry is legal without a license for anyone over 18 who can legally possess a firearm and is on a journey (outside of their home or property). Concealed Handgun Carry Licenses (CHCL) are issued to residents at least 21 years old or 18 if a member of the U.S. Armed Forces or National Guard, requiring a state-approved firearms training course. Arkansas offers two types of handgun carry licenses: the CHCL and an Enhanced Concealed Carry License (E-CHCL), which allows carrying in some restricted areas such as public colleges, most public buildings, non-secure locations in airports, and churches. The E-CHCL requires about 8 hours of additional classroom and gun-range training. Arkansas does not issue non-resident licenses, but active-duty military and their spouses may apply for an Arkansas CHCL. With permitless carry, anyone who can legally possess a firearm may carry a concealed firearm without a license or permit.

Use of Physical Force

A person is justified in using physical force if they reasonably believe it is necessary to defend themselves or a third person from the use or imminent use of unlawful physical force.

Use of Deadly Physical Force in Defense of a Person

A person is justified in using deadly physical force if they reasonably believe the other person is:

  • Committing or about to commit a felony involving physical force or violence
  • Using or about to use unlawful deadly physical force
  • Engaged in a pattern of domestic abuse

A person is not required to retreat before using deadly physical force if they:

  • Are lawfully present at the location where deadly physical force is used
  • Have a reasonable belief that the person against whom deadly physical force is used is imminently threatening to cause death or serious physical injury to themselves or another person
  • Are not the initial aggressor and have not provoked the person against whom deadly physical force is used
  • Are not engaged in criminal activity

Defense of Premises

A person in lawful possession or control of premises or a vehicle is justified in using non-deadly physical force if they reasonably believe it is necessary to prevent or terminate the commission or attempted commission of a criminal trespass.

A person may use deadly physical force if they reasonably believe it is necessary to prevent the commission of arson or burglary by a trespasser.

Use of Physical Force in Defense of Property

A person is justified in using non-deadly physical force if they reasonably believe it is necessary to prevent or terminate the commission or attempted commission of theft or criminal mischief or the subsequent flight from the commission or attempted commission of theft or criminal mischief.

Self-Defense

The Castle Doctrine in Arkansas states that the right of an individual to defend themselves and their home against harm, injury, or loss by a person unlawfully entering or attempting to enter the home is a fundamental right. As of March 3, 2021, Arkansas has a “stand your ground” law, with no duty to retreat before force can be used for self-defense anywhere a person is lawfully allowed to be.

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Arkansas Gun Laws at a Glance

Carry Basics

Is it legal to own a taser or stun gun in Arkansas?

Yes. Stun guns and Tasers are legal to purchase and possess without a license. The minimum age to purchase is 19 years old.

Is it legal to buy or use chemical spray/pepper spray in Arkansas?

Yes. It is legal to possess a small container of tear gas or pepper spray for self-defense purposes only. The capacity of the cartridge or container must not exceed 150cc.

If Arkansas requires a license to carry a concealed firearm, how are those licenses issued?

Shall issue.

Does Arkansas allow permitless carry?

Yes, for any person who is at least 18 years old and who can legally possess a firearm provided there is no unlawful intent involved.

Is open carry permitted in Arkansas?

Yes, without a permit/license. Any person who is at least 18 years old and legally entitled to possess a firearm can open carry.

Can you concealed carry weapons other than handguns in Arkansas with a concealed carry license (or under permitless carry if applicable)?

No.

What is the minimum age in Arkansas to get a concealed carry license?

  1. 21 age

Does Arkansas have magazine capacity restrictions for handguns?

No.

Does Arkansas have ammunition restrictions?

No.


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Carry Locations FAQs

Carry in State/National Parks, State/National Forests, and Wildlife Management Areas (WMAs)?

Question: Can you carry a concealed firearm in state/national parks, state/national forests, and Wildlife Management Areas in Arkansas?
Answer: Yes. However, only an individual with an Enhanced CHCL can carry in buildings that house state offices within state parks. Carry is not allowed in buildings in National Parks. For more details, see the Park Directive 3070.

Carry in Bars/Restaurants That Serve Alcohol?

Question: Can you carry a concealed firearm in bars and restaurants that serve alcohol in Arkansas?
Answer: You can concealed carry in the restaurant area of an eatery that serves alcohol with a concealed carry license, unless posted. However, concealed carry is not allowed in bars or the bar areas of restaurants. See Ark. Code § 5–73–306(12) for more information.

Carry in Vehicle?

Question: Can you carry a concealed handgun in a vehicle in Arkansas?
Answer: Yes, when upon a journey (outside of a person’s home or property), with or without a license to carry a concealed handgun, except in prohibited places, and provided there is no unlawful intent to employ it as a weapon against a person. See Ark. Code § 5–73–120 for more details.

Store in a Vehicle in an Employee Parking Lot?

Question: Does Arkansas have laws relating to storing firearms in private vehicles in an employee parking lot?
Answer: It is legal for license holders to store a handgun in a locked and unattended motor vehicle in a publicly owned and maintained parking lot. Generally, a private employer cannot prohibit an employee who is a licensee from transporting or storing a legally owned handgun in the employee’s private motor vehicle in the private employer’s parking lot when the handgun is lawfully possessed and stored out of sight inside a locked private motor vehicle. See Ark. Code § 5–7–122(a)(3) and Ark. Code § 11–5–117 for more information.

Carry at Roadside Rest Areas?

Question: Can you carry a concealed firearm at roadside rest areas in Arkansas?
Answer: Yes.

Carry/Possess at a Hotel?

Question: Can you carry or possess a firearm on hotel property in Arkansas?
Answer: Arkansas statutes don’t specifically address firearms at hotels. Each hotel develops its own policies, and the individual hotel should be contacted to inquire about its concealed carry policy.

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Key State Laws

Red Flag Law?

Does Arkansas have a red flag law? No. Arkansas does not have a red flag law.

Brandishing?

Does Arkansas state law define brandishing? No definition of brandishing was found in Arkansas law. However, a person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk of public inconvenience, annoyance or alarm, he or she engages in fighting or in violent, threatening or tumultuous behavior. Ark. Code. Ann § 5–71–207

Duty to Inform Officer You’re Carrying?

Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Arkansas? Yes/No. Yes for concealed carry permit holders. No for individuals carrying under permitless carry.

Concealed carry permit holders have a duty to inform a police officer that they are carrying a concealed firearm immediately upon demand in Arkansas. In addition, when an Arkansas CHCL holder that is in possession of a firearm is asked for identification by any law enforcement officer, the licensee must present his or her CHCL and must also notify the officer that he or she has a handgun in his or her possession. Ark. Code § 5–73–315(b)(2) and Admin. Rules Dept. of Ark. State Police Rule 3.2

Preemption?

Does Arkansas have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)? Yes, the state has preemption over regulating firearms, except local municipalities may regulate the unsafe discharge of firearms. Ark. Code § 14–16–504 Ark. Code Ann. §14–54–1411(b)(1)

Non-Resident Permitting?

Does Arkansas issue concealed carry licenses to non-residents? Yes, but only to members of the military stationed in Arkansas and their spouses. Ark. Code § 5–7–309

Public Access to Concealed Carry Registry?

Does Arkansas allow the public to access concealed carry registry information through public records law? No, however the information is available for law enforcement.

Carry While Using Alcohol or Controlled Substances?

Does Arkansas have laws regarding carrying a concealed firearm while using alcohol or controlled substances? Not addressed in state statutes.

As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.

Driver’s License Linked to Handgun License?

Is my Arkansas driver’s license linked to my Arkansas concealed handgun carry license? Yes. Your Arkansas driver’s license is linked to your Arkansas concealed handgun carry license. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry license holder if they run your driver’s license.

“No Weapons Allowed” Signs Enforced?

Are “No Weapons Allowed” signs enforced in Arkansas? If yes, violating the sign would be considered a crime. If no, violating the sign would not be considered a criminal offense. Yes. No license to carry a concealed handgun authorizes any person to carry a concealed handgun into any place that is posted, “carrying a handgun is prohibited.”

A written notice is not required for a private home and any licensee entering a private home must notify the occupant that the licensee is carrying a concealed handgun. Ark. Code § 5–73–306(18)


Handgun Purchase & Possession

Background Checks for Private Gun Sales?

Question: Are background checks required for private gun sales in Arkansas?
Answer: No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun.

Arkansas License Exempts from Background Check?

Question: Does my current Arkansas concealed carry license exempt me from needing a background check when I purchase a firearm?
Answer: Yes.

Waiting Period?

Question: Is there a waiting period after purchasing a handgun in Arkansas?
Answer: No.

Handgun Registration?

Question: Do handguns need to be registered in Arkansas?
Answer: No.

Minimum Age to Possess and Transport?

Question: What is the minimum age to possess and transport a handgun in Arkansas?
Answer: 18 years old.
A person commits the offense of furnishing a deadly weapon to a minor if he or she sells, barters, leases, gives, rents, or otherwise furnishes a firearm or other deadly weapon to a minor without the consent of a parent, guardian, or other person responsible for the general supervision of the minor’s welfare.

Possess a Handgun on My Private Property Without a License?

Question: Can I possess/carry a handgun in my home without a license?
Answer: Yes. Permitless carry is allowed in Arkansas for anyone legally entitled to carry a firearm.

Purchase Permits?

Question: Is a license required to purchase a handgun in Arkansas?
Answer: No.


Arkansas Concealed Carry Reciprocity With Other States

Which states’ permits does Arkansas honor?

Alabama (permitless carry, at least 18 years old)

Alaska (permitless carry, at least 18 years old)

Arizona (permitless carry, at least 18 years old)

California (permitless carry, at least 18 years old)

Colorado (permitless carry, at least 18 years old)

Connecticut (permitless carry, at least 18 years old)

Delaware (permitless carry, at least 18 years old)

District of Columbia (permitless carry, at least 18 years old)

Florida (permitless carry, at least 18 years old)

Georgia (permitless carry, at least 18 years old)

Hawaii (permitless carry, at least 18 years old)

Idaho (permitless carry, at least 18 years old)

Illinois (permitless carry, at least 18 years old)

Indiana (permitless carry, at least 18 years old)

Iowa (permitless carry, at least 18 years old)

Kansas (permitless carry, at least 18 years old)

Kentucky (permitless carry, at least 18 years old)

Louisiana (permitless carry, at least 21 years old)

Maine (permitless carry, at least 18 years old)

Maryland (permitless carry, at least 18 years old)

Massachusetts (permitless carry, at least 18 years old)

Michigan (permitless carry, at least 18 years old)

Minnesota (permitless carry, at least 18 years old)

Mississippi (permitless carry, at least 18 years old)

Missouri (permitless carry, at least 18 years old)

Montana (permitless carry, at least 18 years old)

Nebraska (permitless carry, at least 18 years old)

Nevada (permitless carry, at least 18 years old)

New Hampshire (permitless carry, at least 18 years old)

New Jersey (permitless carry, at least 18 years old)

New Mexico (permitless carry, at least 18 years old)

New York (permitless carry, at least 18 years old)

New York City (permitless carry, at least 18 years old)

North Carolina (permitless carry, at least 18 years old)

North Dakota (permitless carry, at least 18 years old)

Ohio (permitless carry, at least 18 years old)

Oklahoma (permitless carry, at least 18 years old)

Oregon (permitless carry, at least 18 years old)

Pennsylvania (permitless carry, at least 18 years old)

Puerto Rico (permitless carry, at least 18 years old)

Rhode Island (permitless carry, at least 18 years old)

South Carolina (permitless carry, at least 18 years old)

South Dakota (permitless carry, at least 18 years old)

Tennessee (permitless carry, at least 18 years old)

Texas (permitless carry, at least 18 years old)

Utah (permitless carry, at least 18 years old)

Vermont (permitless carry, at least 18 years old)

Virginia (permitless carry, at least 18 years old)

Washington (permitless carry, at least 18 years old)

West Virginia (permitless carry, at least 18 years old)

Wisconsin (permitless carry, at least 18 years old)

Wyoming (permitless carry, at least 18 years old)

Arkansas allows permitless carry for anyone that is over 18 who can legally possess a firearm and on a journey (outside of a person’s home or property).

States That Have Restricted Reciprocity with Arkansas

  • Alaska (permitless carry, at least 21 years old)
  • Arizona (permitless carry, at least 21 years old)
  • Colorado (at least 21 years old and resident permits only)
  • Florida (permitless carry, at least 21 years old)
  • Georgia (permitless carry, at least 21 years old)
  • Iowa (permitless carry, at least 21 years old)
  • Kansas (permitless carry, at least 21 years old)
  • Kentucky (permitless carry, at least 21 years old)
  • Maine (permitless carry, at least 21 years old)
  • Michigan (at least 21 years old and resident permits only)
  • Mississippi (permitless carry, at least 21 years old)
  • Missouri (permitless carry, at least 19 years old, 18 for military)
  • Nebraska (permitless carry, at least 21 years old)
  • New Mexico (at least 21 years old)
  • Ohio (permitless carry, at least 21 years old)
  • Oklahoma (permitless carry, at least 21 years old)
  • Pennsylvania (at least 21 years old)
  • South Carolina (permitless carry, at least 18 years old)
  • Tennessee (permitless carry, at least 18 years old)
  • Texas (permitless carry, at least 21 years old)
  • Utah (permitless carry, at least 21 years old)
  • Virginia (at least 21 years old)
  • West Virginia (permitless carry, at least 21 years old)
  • Wisconsin (at least 21 years old)
  • Wyoming (permitless carry, at least 21 years old)

Permitless Carry States

  • Alabama (permitless carry, at least 19 years old)
  • Alaska (permitless carry, at least 21 years old)
  • Arizona (permitless carry, at least 21 years old)
  • Florida (permitless carry, at least 21 years old)
  • Georgia (permitless carry, at least 21 years old)
  • Idaho (permitless carry, at least 18 years old)
  • Indiana (permitless carry, at least 18 years old)
  • Iowa (permitless carry, at least 21 years old)
  • Kansas (permitless carry, at least 21 years old)
  • Kentucky (permitless carry, at least 21 years old)
  • Maine (permitless carry, at least 21 years old)
  • Mississippi (permitless carry, at least 21 years old)
  • Missouri (permitless carry, at least 19 years old, 18 for military)
  • Montana (permitless carry, at least 18 years old)
  • Nebraska (permitless carry, at least 21 years old)
  • New Hampshire (permitless carry, at least 18 years old)
  • North Dakota (permitless carry, at least 18 years old)
  • Ohio (permitless carry, at least 21 years old)
  • Oklahoma (permitless carry, at least 21 years old)
  • South Carolina (permitless carry, at least 18 years old)
  • South Dakota (permitless carry, at least 18 years old)
  • Tennessee (permitless carry, at least 18 years old)
  • Texas (permitless carry, at least 21 years old)
  • Utah (permitless carry, at least 21 years old)
  • Vermont (permitless carry, at least 18 years old)
  • West Virginia (permitless carry, at least 21 years old)
  • Wyoming (permitless carry, at least 21 years old)

*PC-18 = permitless carry if at least 18 years old

*PC-21 = permitless carry if at least 21 years old

Arkansas Concealed Carry License Information

Requirements

An applicant must:

  • Be a U.S. citizen or permanent legal resident
  • Be at least 21 years of age or 18 years of age if a member of the U.S. Armed Forces, honorably discharged or National Guard
  • Have been a resident of Arkansas for the last 90 days, or be an active duty member of the United States Armed Forces (or the spouse) who submits documentation of his or her active duty status
  • Not suffer from a mental or physical infirmity which prevents the safe handling of a handgun and not have threatened or attempted suicide
  • Not have been convicted of a felony, without having been pardoned and had firearms possession rights restored, or have had the record sealed or expunged for a sentence prior to March 13, 1995, or have had an offense which was dismissed and sealed or expunged under §§ 16–93–301 et seq. or 16–98–303(g)
  • Not be subject to any federal, state, or local law which makes it unlawful to receive, possess, or transport any firearm, and have had his or her background check successfully completed through the Department of Arkansas State Police and the FBI’s National Instant Criminal Background Check System
  • Not chronically or habitually abuse controlled substances or alcoholic beverages to the extent that his or her normal faculties are impaired
  • Have read the Arkansas concealed carry law
  • Not have been adjudicated mentally incompetent
  • Not have been voluntarily or involuntarily committed to a mental institution or mental health treatment facility
  • Not be a fugitive from justice or have an active warrant for his or her arrest
  • Have completed an approved firearms training class
  • Not have been convicted of the offense of carrying a weapon within the last 5 years
  • Sign a statement of allegiance to the United States and Arkansas Constitutions
  • Meet federal law requirements

*Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of Arkansas.

Valid For

5 years

Processing Time

120 days

Application

  • Online application
  • Online renewal
  • Upgrade to enhanced license
  • Link to paper applications — new, renewal, and transfer
  • Paper new application instructions
  • Paper renewal application instructions

Non-Resident Concealed Carry Licenses

Yes, but only for members of the military permanently stationed in Arkansas and their spouses. The process is the same as for residents.

Name/Address Changes

For change of address, name, or other information, complete the Change of Address/Name Notification Form and submit it in the mail or by email to the address listed on the form.

Lost/Stolen Licenses

You can submit a request for a new license online. The form must be notarized before submittal to the Arkansas State Police.

Residency Changes

Moving to Arkansas

Interested in applying for a resident license? How soon can you apply? Is your resident permit from your former state transferable to Arkansas? Arkansas issues licenses to residents and members of the military, National Guard, and military spouses. You can apply for your license once you have been a resident of Arkansas for at least 90 days, meet the military requirements, or if you are a spouse of an active duty member of the military. You can also transfer your previous resident permit by completing the new paper application indicating Transfer Application.

Moving from Arkansas

Have an Arkansas resident license? Does that license transfer to your new state? Is there a grace period during which your Arkansas license remains valid? If a person with an Arkansas concealed handgun carry license establishes residency in another state, the license expires upon the establishment of residence in the other state.

Fees

New License Costs for Anyone Age 64 or Younger

  • Online applications: $91.90
  • Paper applications: $88.25

As of July 28, 2021, veterans and active-duty military no longer have to pay new or renewal license fees.

New License Costs for Anyone Age 66 or Older

  • Online applications: $66.15
  • Paper applications: $63.25

These costs include the online application and background check fee. Applicants are responsible for obtaining a complete, classifiable set of fingerprints and that cost is not included. As of July 28, 2021, veterans and active-duty military no longer have to pay license fees.

Renewal Fees

  • Online: $52.50
  • Paper: $50.00

Includes application and background check fees.

Late Renewals

Licenses expired less than six months require an additional $15 late fee. Licenses expired over six months require the applicant to begin the application process with a new application.

Transfer from Another State

$73.25, includes background check fee.


Arkansas Concealed Carry License Application Process

Step 1

Take the CHCL firearms safety class for a CHCL. If applying for an enhanced CHCL, the enhanced training class is also required.

Step 2

Apply online or by submitting a paper application within 6 months of finishing your firearms safety class and write your confirmation number/order ID on your training certificate.

Step 3

Have your fingerprints taken at your local law enforcement agency or by a private fingerprinting business.

Step 4

Submit your fingerprints, training certificate, and fee to the Arkansas State Police at:

Arkansas State Police
CHCL Section
1 State Police Plaza Drive
Little Rock, AR 72209

Step 5

You will be notified if your application has been approved.

Enhanced Concealed Handgun Carry License (E-CHCL)

The Enhanced CHCL requires approximately 8 hours of additional classroom and gun-range training. The training course includes topics such as Arkansas firearms law, the rights and responsibilities of an Enhanced License holder, what to do in an active shooting, and all locations where the carry of concealed firearms remains prohibited. The applicant must also pass a shooting competency test. E-CHCL holders who complete this training course are given a “concealed carry endorsement” by the State Police on their licenses indicating that they may carry on public college and university campuses, as well as certain other “sensitive places,” including:

  • Publicly owned buildings and facilities
  • State Capitol grounds and the State Capitol building
  • Any meeting place of the governing body of any governmental entity
  • Any meeting place of the General Assembly or a committee of the General Assembly
  • Any state office
  • Athletic events
  • A portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises
  • A portion of an establishment where beer or light wine is consumed on the premises
  • Inside the passenger terminal of an airport
  • Any church or other place of worship
  • Any place where a parade or demonstration requiring a permit is being held, even when the licensee is a participant in the parade or demonstration
  • The buildings and grounds of a public university/college or community college

For holders of valid CHCLs, there is a form to complete and an additional fee of $15 to cover the license replacement.


Firearms Training Requirements in Arkansas

To obtain a CHCL (Concealed Handgun Carry License) in Arkansas, you must complete a basic training class that lasts approximately 5 hours. To obtain an E-CHCL (Enhanced Concealed Handgun Carry License), an additional enhanced training class of about 8 hours, including live-fire qualification, is required. There are limited exemptions from the live-fire training requirement.

The training must cover the following topics:

  • Knowledge of Arkansas law relating to firearms and the use of deadly force
  • Familiarity with the basic concepts of the safe and responsible use of handguns
  • Knowledge of self-defense principles
  • Physical competence with a handgun

All training must be completed within the six months prior to applying for a license.

Training is also required prior to license renewal. Applicants must successfully demonstrate proficiency with a handgun on the firing range through live-fire exercises. Renewal training may also address updates and changes in the concealed handgun carry licensing laws and rules. Applicants who wish to obtain an enhanced license upon renewal can substitute an enhanced training certificate for the renewal training requirement.

Ensure that any firearm training you receive for obtaining your license is approved by the state of Arkansas.


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FAQ: Arkansas Concealed Carry Questions

What are the knife laws in Arkansas?

Any knife is legal as long as you don’t intend to use it as a weapon against a person.

Can I wear a COVID-19 mask while carrying concealed?

There is no known statute in Arkansas making it illegal to wear a COVID-19 mask while carrying concealed. The Arkansas State Police confirmed that there are no statutes or restrictions regarding wearing a mask and carrying concealed.

Can you concealed carry while shotgun/rifle hunting in Arkansas?

Yes, you can carry concealed while hunting with a shotgun or rifle, provided the handgun is lawfully possessed, is for personal protection, and is not used for hunting unless it is a legal killing device under Commission regulations.

Can you concealed carry while bow hunting in Arkansas?

Yes, you can carry concealed while bow hunting, provided the handgun is lawfully possessed and is for personal protection and not used for hunting. However, it is unlawful to have a firearm in your immediate possession while hunting bear, deer, or turkey with archery tackle, except when and where a firearms bear or deer season is open.

Is there a Hunter Harassment Law in Arkansas?

Yes, it is unlawful to willfully obstruct or impede the participation of any individual in the lawful activity of hunting, fishing, or trapping. This regulation does not prohibit a landowner or lessee from exercising their lawful right to prohibit hunting, fishing, or trapping on their land or from exercising any other legal right.

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