Arkansas Supreme Court Dismisses Appeal in Eureka Springs Gun-Store Zoning Dispute
On January 15, 2026, the Arkansas Supreme Court issued a decision in Eureka Gun and Pawn, LLC v. The City of Eureka Springs, a case involving a local business owner’s attempt to open a gun and pawn shop in Eureka Springs, Arkansas.
Background:
Keeling Grubb, president and CEO of Eureka Gun and Pawn, LLC, applied in 2023 for a conditional-use permit (CUP) from the City of Eureka Springs to operate his store as a gun and pawn shop. The city’s Planning Commission initially denied the permit, and the City Council upheld that denial. Grubb then sued the city in Carroll County Circuit Court, raising multiple claims including due process, equal protection, property rights, free speech, and the right to bear arms. The bench trial at the circuit-court level was limited to the question of whether Grubb was entitled to the CUP under the city’s zoning ordinance. The judge granted the city’s motion for a directed verdict, ruling that the permit wasn’t required and that relevant state law did not apply to commercial firearm sales.
Supreme Court Ruling:
The Arkansas Supreme Court did not reach the merits of the dispute. Instead, it dismissed the appeal without prejudice because the circuit court’s rulings were not final; other claims in the lawsuit remained unresolved, and the judge had not issued a Rule 54(b) certification allowing an immediate appeal. As a result, the Supreme Court declined to decide substantive issues about zoning authority or state preemption of firearm regulations.
Significance:
The case highlights ongoing tension between municipal zoning authority and state law on firearm commerce. It also illustrates procedural hurdles in appellate review when multiple claims remain pending at the trial level. The broader legal and constitutional claims raised by Eureka Gun — including whether local governments can deny permits for firearms-related businesses — remain unresolved.