Defacto Arkansas Constitutional Carry (sort of)?


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Sambo82
April 24, 2013, 03:25 AM
http://www.thearkansasproject.com/the-greatest-untold-story-of-the-89th-general-assembly/

So, according to the rewrite

1: A "journey" is finally defined. They've legislated that that means travel outside of your county of residence.

2: "Criminal intent" is redefined. Under the old law to convict on grounds of criminal possession the prosecutor had to show that a person intended to use a firearm against another person for any reason. Thus a self defense claim wouldn't suffice as justifiable cause to carry a weapon without a permit. Under the rewrite the prosecutor must show that the person intended to use the firearmunlawfully.

So essentially, (once the law goes into effect in July) as long as a person is outside of their county of residence they can carry either openly or concealed without a permit. The folks at Arkansas Carry say that they're going to get an opinion from a Prosecuting Attorney and the Attorney General if possible. Apparently this slipped under the radar so to speak, and folks are predicting that it will get alot of media attention now that it's signed into law.

It's not perfect (can't carry within your county without a permit) but it looks like a major coup for 2A supporter in Arkansas. I've been really proud of the work of our legislature this session. What do you guys think? What do you think the AG's and State Police's reaction to it will be? You think they'll play ball, or try to interpret it differently? Is there something I'm missing?

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Arkansas Paul
April 24, 2013, 11:02 AM
We did get some pro-gun legislation passed this time. Churches are no longer automatically prohibited, and now this. We aren't exactly where I would like us to be, but we're headed in the right direction.

r1derbike
April 24, 2013, 12:35 PM
I saw that on the ArkansasCarry site too Paul, and between now and July, I hope there is legal clarification from the AG's office with more specific language. As it stands now, if it becomes law in July, law enforcement is going to be caught off-guard and arrest many who have CHCLs and openly carry, let alone those who openly carry without a CHCL.

This thing, while super in intent, is fraught with interpretation woes.

Being the 5th state in the nation to pass this is commendable, but it needs black and white legal language, that no LE agency will misinterpret.

Even with clarification written into law, think I'll wait until LE gets on the same page statewide about this.

Arkansas Paul
April 24, 2013, 12:41 PM
Well, I don't buy that they're going to allow open carry or concealed on the person. I've got a feeling it will be limited to in your vehicle.

r1derbike
April 24, 2013, 12:45 PM
Well, I don't buy that they're going to allow open carry or concealed on the person. I've got a feeling it will be limited to in your vehicle.
Yep! I believe it clarifies the word "journey" and "intent". I'm with you, at this point. If an owner had it carelessly tossed on the passenger seat, that might prompt an LEO to get medieval on him.

I also don't believe it will allow for concealed carry on person without a CHCL either.

Even though it doesn't prohibit such, it does not specifically allow it. I'll keep it concealed in the vehicle as well, even after July. Just common sense. Open carry in a vehicle (as on passenger seat) isn't responsible, in my view.

Add the fact that the guv said he would veto any OC legislation coming across his desk, leads me to believe the constitutional carry (misnomer?) legislation has absolutely nothing to do with concealed or open carry on person, in a vehicle. I could be wrong, but that's my .02 at the moment.

Sambo82
April 24, 2013, 04:55 PM
I also don't believe it will allow for concealed carry on person without a CHCL either.

Even though it doesn't prohibit such, it does not specifically allow it.

That being said, laws aren't passed to allow activity, they are passed to restrict activity. An LEO can't arrest you for doing something he doesn't like if that something isn't actually against the law. The law that was used before to prohibit open or concealed permitless carry was rewritten to specifiy that unlawfull intent must now be shown. If Prosecuting Attorneys don't have that to press charges with, so long as there isn't some other law in Arkansas code concerning carrying weapons, I don't see how the opinions of the police or State officials really matter in the long run.

Then again Arkansas code is pretty hefty. Maybe there's some other law that addresss carrying a weapon. I don't know and I hope the AG does clear this up before July.

Arkansas Paul
April 24, 2013, 04:58 PM
That being said, laws aren't passed to allow activity, they are passed to restrict activity.

True, but they also changed the language to say "It is permissible to carry a handgun" instead of "it is a defense to presecution"
So they are clarifying what is legal and allowed as well in this particular instance.

Here is the actual bill.

http://www.arkleg.state.ar.us/assembly/2013/2013R/Acts/Act746.pdf

razorback2003
April 25, 2013, 02:44 PM
Generally, if something is not prohibited it is not illegal.

So, if you are carrying a handgun, and do not have intention to use it illegally against a person, then it would be legal to carry the handgun without a license.

That is my opinion.

And on top of the law change making it ONLY ILLEGAL for those who carry handguns with the purpose to illegally use it against a person there are other reasons that you can carry a handgun:
1. On a journey
2. To and from hunting with AGFC reg handgun.
3. Concealed with a concealed handgun license.


So in my opinion, you can carry a handgun without a license, even in your home county, as long as you are not carrying the handgun or keeping in your vehicle for the purpose to ILLEGALLY use against a person.

Frank Ettin
April 25, 2013, 10:29 PM
Being discussed here (http://www.thehighroad.org/showthread.php?t=714299).

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