Arkansas Now Permitless Carry

[Gary Slider]

Arkansas - On October 17, 2018 the Arkansas Appeals Court stated in case No. CR-18-353 Jamie Taff v. State of Arkansas: (“n general merely possessing a handgun on your person . . . does not violate § 5-73-120(a) and may be done if it does not violate other laws or regulations.”). Under the clear language of section 5-73-120(a), the possessor of a handgun must have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act.
5-73-120 was amended and passed as above in 2013. There has been uncertainty with people in authority (AG’s, Governors, Mayors, Police Chiefs etc.) saying the law didn’t and some stating it did allowed Permitless Carry. The above court case has finally settled that argument. Permitless Concealed and Open Carry is now legal for those who can legally possess a firearm! You can read the Courts decision at http://www.handgunlaw.us/documents/agopinions/ARPermitlessCarryTaffvState.pdf

Spats McGee has also posted about this issue and you can read his post at https://www.thehighroad.org/index.php?threads/arkansas-taff-v-state.842576/

 

[cheygriz]

But isn't this subject to review by the Arkansas Supreme Court??

 

[Skgreen]

"Fruit of a poisonous tree",,,
Possession with intent to deliver remanded,,,
Dang,,,, Wish it was a 'clean' slam dunk w/o all the funny business going on in the background,,,
Makes me feel like I need a shower!

 

[Spats McGee]

But isn't this subject to review by the Arkansas Supreme Court??

In theory, yes. The Arkansas Supreme Court has the power to review Ark. Ct. App. opinions, and the State could ask it to do so, but I don't think the Ark. S. Ct. is required to hear the appeal. That's my best recollection, anyway. It's been a very long time since I did any criminal appellate work, and I don't have time to wade through the statutes, court rules, and the case law to give you a firm yes or no on that.

Unless and until the Ark. S. Ct. does review it, though, it's binding precedent on the rest of the state.

"Fruit of a poisonous tree",,,
Possession with intent to deliver remanded,,,
Dang,,,, Wish it was a 'clean' slam dunk w/o all the funny business going on in the background,,,
Makes me feel like I need a shower!

Maybe. The offshoot of having all of that background though, is that the Ct. App. also just said that: (1) even in police have information that you're carrying a concealed handgun; (2) that can't be used as "reasonable suspicion" to detain you.

 

[Deltaboy1984]

Good news of it holds up.

 

[armoredman]

Very nice indeed.

 

[Olon]

Send that this way (Nebraska).