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Old 07-01-2013, 01:13 PM
Bush-Hawk Bush-Hawk is offline
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Starting today July 1st Arkansas has enacted constitutional carry meaning no permit required to carry a firearm for self defense. This is great news as I live in Arkansas but I still need my permit to be able to carry into other states
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Old 07-01-2013, 01:22 PM
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I live in Arkansas so that is interesting. Not sure exactly what that allows in the way of having a gun with you though. I do not have a concealed handgun permit and I have a ingrained dislike of needing one. Do you have a link to any information on this law?
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Old 07-01-2013, 01:27 PM
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Just google arkansas constitutional carry and there is a bunch of info on it and there are sites that list the statue. It allows for open or concealed carry and we are only the fifth state to allow it. This is great news for the state and for personal freedoms. It was signed into to law with only one nay vote
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Old 07-01-2013, 02:57 PM
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I did Google and it does not appear all that cut and dried. In fact it may not even be constitutional carry at all. http://arkansasnews.com/sections/col...n-carry.html?i

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Stan Witt, director of the Arkansas State Police, has a different interpretation. Prior to a speech to the Kiwanis Club of Jonesboro two weeks ago, I showed him a blog note about what Arkansas Carry was saying, and the subject came up in a question-and-answer session.

Witt said the primary effect of the new law was to define a “journey” as being travel outside one’s home county.

“This kind of got twisted around in the media,” he said. “It’s kind of been twisted where that’s construed as open carry: You can just strap a gun on while you’re going down the road, and you can get out and go in a [convenience store] with your gun whether you have a concealed carry permit or not. That’s not true.”

Witt said anybody who tries to carry a gun openly in such a circumstance will be arrested.
Not sure I want to be a court test case of this new law. I think I will keep the gun home until it is better explained
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Old 07-01-2013, 06:57 PM
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Arkansas has had the journey law on the books for a long time now, this is different than the journey law, I'm sure there will be arrest made at first until the cops realize it's a law that they have to obey and of course they will try to discredit it and put it down, read the statue and not what a cop says. It's the law now regardless what a damn cop says
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Old 07-01-2013, 07:13 PM
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Act 746, if I knew how to post a link I would
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Old 07-01-2013, 09:49 PM
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The link I posted carried the information about the act. You should read it since it goes into more than what I quoted. From my reading folks in Arkansas do not have any new rights. All we have is that a prosecutor does not have to charge you with a gun violation if you are caught with one.

So it is not Constitutional carry for Arkansawyers.
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Old 07-02-2013, 02:54 AM
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The law basically states that they have to prove intent before they can charge you for carrying a weapon. This does NOT necessarily mean that you can open carry. That will remain open for interpretation by the courts. I'm sure this will be challenged soon, but not by me. I have a permit anyway and still carry often. I would like the option to open carry, whether used or not. I'm looking forward to see how the courts view this. It was an unintended aspect to the law. Beebe didnt realize that it would be construed this way. Until it is proven in court and actually for a while after, open carry could land you in some trouble with the police. Once the court gives the nod, there will be likely be quite a few officers that are slow to get the news or are just jerks that can still give you a hard time. Time will tell, but atleast it is a step in the right direction.

One thing that we need to push for in addition to any other allowances for carrying is immunity from civil lawsuits for lawful deadly force. Even thought the court says you had every right to shoot somebody, you could still be ruined in civil court by them if they lived or even thier family if they died.
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Old 07-02-2013, 06:52 AM
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... I'm looking forward to see how the courts view this. It was an unintended aspect to the law. Beebe didnt realize that it would be construed this way. ...
That is the big issue. The law change was not designed to be either open carry or constitutional carry by the politicians. The court would look at the intent of the politicians and likely view it in that manner.

As it stands now, anyone that just thinks it is a cop hassling them is likely to spend time in jail and a fortune in legal fees. And quite possibly lose and become a convicted criminal. This is not a real change to the way things are.
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Old 07-02-2013, 06:58 AM
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I'm just hoping the brave individual with enough money to fight it comes out on top.....
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Old 07-02-2013, 07:24 PM
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I wouldn't tout the law as an excuse to open carry but maybe for concealed purposes you might beat a charge, I have a permit so I am not worried about carrying concealed but hopefully the new law keeps honest citizens of Arkansas out of jail
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Old 07-02-2013, 09:55 PM
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Gun-rights advocates contend new law allows open carry

By Roy Ockert


Beginning July 1, Arkansas citizens will be cable to carry a handgun openly almost anywhere. That’s how various gun-rights advocacy groups interpret Act 746, passed last month by the state Legislature.
Arkansas Carry, a nonprofit organization devoted to Second Amendment rights, issued a news release last week expressing delight that Arkansas will become the fifth state in the United States to enact “constitutional carry” into law.
As defined by gun-rights advocates, constitutional carry occurs in a state when no laws generally restrict the carry of handguns, whether open or concealed, for self-defense purposes. Vermont, Alaska, Arizona and Wyoming have implemented the concept, and several others are considering it.
Act 746 removes some restrictions from Arkansas gun laws. Whether it removes enough to allow the open carry of firearms will probably have to be tested in court.
A bill specifically aimed at allowing open carry (House Bill 1408 by Rep. Sue Scott, R-Rogers) got nowhere in the Legislature this year. “Grandmother” Scott (that’s her e-mail handle) withdrew her bill after HB 1700 was signed into law.
Apparently Rep. Denny Altes, the main sponsor of HB 1700, cleverly hid open carry in his legislation, which was titled as intending to make “technical corrections,” and got it passed and signed without controversy. Meanwhile, several high-profile gun laws, such as those allowing guns in churches and on college campuses, drew the debate.
HB 1700, introduced March 6, was amended twice in the House of Representatives before being passed 82-1, with 17 lawmakers not voting and only Rep. John Baine, D-El Dorado, smelling a rat. The following week the Senate voted 28-0 in favor, with seven not voting. On April 4 Gov. Mike Beebe signed it as Act 746.
Last week Matt DeCample, Beebe’s spokesman, told an online news website that the governor did not interpret the law as allowing citizens to carry firearms openly in public places. “You’re not talking about a legal interpretation. You’re talking about one interested party,” he said.
Indeed, Arkansas Carry’s press release added a caution: “Arkansas Carry suggests that citizens consult a lawyer before carrying a handgun in public after the act takes effect. Being a new law, Act 746 is untested by the courts, and law enforcement officials are not completely aware of the implications as it pertains to the carry of handguns. … prosecutors may construe the law differently.”
Stan Witt, director of the Arkansas State Police, has a different interpretation. Prior to a speech to the Kiwanis Club of Jonesboro two weeks ago, I showed him a blog note about what Arkansas Carry was saying, and the subject came up in a question-and-answer session.
Witt said the primary effect of the new law was to define a “journey” as being travel outside one’s home county.
“This kind of got twisted around in the media,” he said. “It’s kind of been twisted where that’s construed as open carry: You can just strap a gun on while you’re going down the road, and you can get out and go in a [convenience store] with your gun whether you have a concealed carry permit or not. That’s not true.”
Witt said anybody who tries to carry a gun openly in such a circumstance will be arrested.
But will that person be convicted?
Witt is right that Act 746 defines a journey. The definition is contained in Section 1, which will change current law to say this: “It is permissible to carry a handgun under this section that if at the time of the act of possessing a handgun or firearm …”
Then it lists various circumstances allowing a citizen to carry a handgun or firearm, including a person who is on a journey.
But that alters the current law, which begins with “It is a defense to prosecution under this section …” Thus, the change asserts a right rather than providing possible defenses from prosecution.
More importantly, at least in the eyes of Arkansas Carry and other proponents is a change in Section 2 of the current law. Here’s what it will say as of July 1 about carrying a weapon:
“(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife or club as a weapon against a person.”
Act 746 inserts the phrase “to attempt to unlawfully employ” into current law, and that’s obviously an important distinction. In fact, “unlawfully” was added in the second amendment to HB 1700.
That would apparently require a prosecutor to prove that a person carrying a firearm openly had an unlawful intent to use it.
However, Section 2 adds various circumstances that make it permissible to carry a weapon, none of which seem to be substantial changes in current law. Among them are being on your own property or business, being on a journey, hunting game and carrying a concealed handgun with a license.
None would appear to allow open carry, but there is an obvious change in intent that the courts will have to interpret
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Old 07-02-2013, 10:26 PM
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Interesting. I would say that an honest court would say that the prosecutor has to prove intent to commit a crime with the weapon before any conviction of a crime for carrying a weapon.

Of course we all know that all courts are not honest anymore.

Will be interesting to see what happens. We need constitutional carry everywhere!
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Old 07-04-2013, 07:36 PM
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Originally Posted by MattB4 View Post
I live in Arkansas so that is interesting. Not sure exactly what that allows in the way of having a gun with you though. I do not have a concealed handgun permit and I have a ingrained dislike of needing one. Do you have a link to any information on this law?
If you read the "new" definition of AR's "journey law" as passed by the legislature, you can carry a gun concealed in every county in AR.,(if your not a prohibitive person) with out a CHL, EXCEPT your county of "residence."

As crazy as that sounds in the short term, AR is moving toward "constitutional carry" one way or the other.
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