AR: Open-Carry March to Celebrate Second Amendment Rights

[Dean Weingarten]

Open carry at an IRS abuse protest in Arizona​

Steve Jones, a prominent Second Amendment writer and activist has organized an open carry march to celebrate the change in Arkansas law that goes into effect on August 16th. The march is scheduled for 24 August. From 5newsonline:

The “celebration walk” is set to begin at 9 a.m. in Ben Geren Park. Twelve people have been invited to participate, Jones said, since a larger number would have required a permit.

Jones said the participants will begin in the park with their handguns concealed, but then will openly carry the firearms once the group reaches the street. He said the participants will walk about a mile, then turn around and return to the park. The group has received approval from law enforcement authorities to conduct the event, Jones said.]

Jones said the walk also is designed to show support for the belief among gun-rights advocates that a state law passed this year, Act 746, allows for handguns to be carried openly. The law takes effect Friday (Aug. 16).

Attorney General Dustin McDaniel issued an opinion last month stating the act does not allow Arkansans to carry handguns openly.

AG McDaniel's opinion is just an opinion, though it carries more weight than an ordinary persons. Steve Jones does a fair job in dissecting the opinion.

It is clear that McDaniel is hostile to the idea of open carry. He completely discounts the most important reform in the law.

The previous law made it illegal to carry a weapon for the purpose of using it against another person. It did not matter if the use was legitimate or not. The reform of the law fixed that by making it illegal to carry a weapon with the intent of using it unlawfully.

Arkansas is a Second Amendment friendly state, and I think it unlikely that the legislators will see fit to change the law back to the position it was before.

Still, strange things can happen in a state that elected and reelected Bill Clinton.

©2013 by Dean Weingarten: Permission to share is granted when this notice is included.

http://gunwatch.blogspot.com/2013/08/ar-open-carry-march-to-celebrate-second.html

 

[Queen_of_Thunder]

Just what we need. Not.

 

[armedaccountant]

Actually it is what we need. Not sure of where you live queen of thunder but I reside in Arkansas. The recent change in laws has many people confused. The way the law reads it is legal to carry a handgun as long as you don't plan to use it illegally. There are no other general prohibitions about carrying handguns in Arkansas, just specific ones such as no guns at certain locations. However are AG is very anti 2A and issued a contradictory opinion. Even though his opinion holds no force of law many believe it does and think that is the end of the story. Some law enforcement agencies and local prosecutors say yes and some say no to open carry under the law. Awareness and ultimately an arrest and court battle will be what decides the issue. Arkansas Carry who organized this March are a great group and I agree with their actions.

 

[Dean Weingarten]

We have seen great strides in restoring the Constitution in most of the states that have pushed open carry. Great success in Arizona, Virginia,Michigan, Wisconsin, and Louisiana.

The only setback that I know of is in California. California is one of six states that have no state constitutional protection for the right to keep and bear arms.

 

[r1derbike]

That's GREAT Steve and members got this event approved by law enforcement! I'm hoping it will generate debate about open carry legislation, and what needs to be done to get everyone on the same page, Yea, or Nay.

We can't have the current confusion between law enforcement, legislators, and citizens about this.

Hopefully, some positive progress may be made at all levels to get OC on the same page, and this march may be the catalyst it needs.

Many are waiting until some legal precedent is reached before OC,ing here.

 

[baz]

Just what we need. Not.

Another Razorback here. If OC was unquestionably lawful in AR, and this was just an attempt to "get in people's faces" about it, then maybe "not". But it is neither. The current situation --in AR-- is legally ambiguous, and this is an attempt to bring some clarification to the situation. If it should become unquestioned that OC is constitutional and lawful in AR, then events like this will become unnecessary. As in other states where OC is lawful, people will either OC or CC as they wish. My guess is that most will continue to CC, except in specific circumstances where OC is more convenient (hunting, fishing, camping...general rural activities). But this will not happen until the law in AR is clarified.

 

[Speedo66]

Local police may be OK with it, but it's not unthinkable the AG could have some form of state LEO's descend upon the park and start making arrests.

Glad someone has the 'nads for it, and you can call me a wuss, but I'd hate to be the poster boy for this and lose all gun rights as a felon.

You may eventually have such a conviction overturned, but the cost, financially and emotionally, would take it's toll.

 

[Outlaw Man]

Another Arkansan, though I'm not a Razorback.

Take a look at the update posted here:

http://www.thecitywire.com/node/29046#.UhOu-jMo7qA

Basically, the prosecuting attorney has also indicated the law requires unlawful intent to be proven before a crime is committed. The AG could send State police over to arrest people, but they'd be released.

I see this turning into a situation similar to what we have with wet and dry counties. You're basically going to have to keep track of which counties and municipalities will arrest you and which will prosecute. That is, until someone does it in Little Rock and lets a court decide.

It's better than nothing. I'm glad to see FSPD and the PA can read. Hopefully, this even will cause others to read it more carefully.

 

[SilentStalker]

I think its absolutely retarded that you have to have such things approved by law enforcement in the first place. That right there is breaking several rights in and of itself.

 

[RetiredUSNChief]

Hmmm...

In general, I'm opposed to armed demonstrations. However, it would appear that this one is well thought out, well planned, extremely coordinated, deliberately limited to a specific LOW number of members and openly coordinated as such with local law enforcement.

Therefore I don't have any problems with this one.

The AG's opinion is duely noted. However, I find it curious that his opinion is very obviously contrary to the new law. His opinion is one thing...and generally carries significant weight. However, the old adage to "pick your battles" doesn't seem to have been considered by him because in the courts the written word of law is generally what carries the day. Peaceful demonstrations, especially one so carefully planned out, controlled, and cleared with local law enforcement, would most certainly NOT meet the letter of the law with respect to criminal intent.

 

[Jim K]

There is a rumor that Bloomburg, when asked about the fellow who talked about an armed march on DC (it never happened), said that if that were tried in NYC, he would order the police and National Guard to shoot the protesters down in the streets, with no mercy. Has anyone else seen this? I cannot confirm it.

JIm

 

[ViniferaVizslas]

These events can be a double edged sword. It only takes one idiot to ruin it as happened in my summer town.

http://www.mlive.com/news/kalamazoo/index.ssf/2009/09/kalamazoo_man_at_gun-rights_pi.html

 

[Frosty Dave]

Good luck, Arkansans. Over here to the west in OK we got an open carry edition of our concealed permit law last year and blood still isn't running in the streets. Your fine, fine AG will have a hard time complaining how much worse things are with constitutional carry when nothing happens.

 

[Outlaw Man]

Dave, I went to Tulsa for the big gun show shortly after that was passed. I expected to be walking into a hail of gunfire like a scene from Normandy, from the way people were whining about it. I went to several gun stores and other "typically gun-friendly" businesses and didn't see a single soul open carrying, other than the workers. It could just as easily been some leftist utopia, except I had mine (concealed).

My friend who lives there did say he was seeing more "no firearms" signs. I assume that's the drawback to bringing open carry to an area that's unfamiliar with it.

 

[Frosty Dave]

I've only had one No Guns sign inconvenience me since the law went into effect and that one didn't show up until about 5 months after we had legal OC.

To date, the only holstered gun I've seen on an Okie was on my own hip the day the law took effect. I was out first thing in the morning to take a photo of myself standing next to the Guns Prohibited sign in a city park and then I posted it on Facebook. Tulsa had a "no guns in parks" ordinance, but OK pre-empts municipal law, and is specific that we, the permitted, can carry in parks.

I was willing to be the poster boy for that court case, but there was no need. The city realized their error and repealed the ordinance a couple of months ago. So I saw one sign go up but also saw the teeth yanked out of a couple dozen others.

 

[NavyLCDR]

Just what we need. Not.

Are you saying it is better to just sit back and let the people like the Attorney General of Arkansas tell us all what we can't do?

 

[Vern Humphrey]

Attorney General Dustin McDaniel issued an opinion last month stating the act does not allow Arkansans to carry handguns openly

Dustin McDaniel has screwed the pooch in Arkansas. His best choice is to find wherever Blanche Lincoln went and go there and sit on her lap for the rest of his life.