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N.L.R. Illegal Ordinance - Prohibiting Businesses

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Arkansas Carry has sent the following release out to interested parties and has also sent out letters to the N.L.R. City Council, Mayor, and City Attorney regarding the illegal ordinance on the books.



FOR IMMEDIATE RELEASE

Date: Friday, July 13, 2012

To: All Interested Parties

Contact Person: Steve Jones - Chairman ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it )

Subject: Illegal Firearm Ordinance - City of North Little Rock


Arkansas Carry has requested that the City of North Little Rock immediately repeal city ordinance Sec. 26-40, regarding the transfer of firearms, which is in conflict with Arkansas law.

North Little Rock ordinance Sec. 26-40 states:

Sec. 26-40. - Authority of mayor to prohibit certain businesses.

(a) The mayor is hereby authorized, in conjunction with any curfew order (or independently of a curfew order, under proclamation of a state of public emergency), to make an order prohibiting all persons from selling, dispensing or making available, by barter, trade or otherwise, firearms and ammunition of every kind and character, explosives of every kind and description, gasoline, naphtha, kerosene and other like flammable substances, any and all types of alcoholic beverages including spirituous liquors, wine and beer, within the city or the area or areas thereof to which such order is made applicable. The time during which such order may be effective may be of the same duration as that established for a curfew or any extension of a curfew, in like manner as provided in section 26-37 of this article.

This North Little Rock ordinance violates Arkansas statutes regarding the transfer and possession of firearms. A.C.A. § 14-16-504 (2012) declares:

As used in this section, "local unit of government" means a city, town, or county.

A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law.

The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms.

A person who has his or her firearm seized in violation of subdivision (c)(1) of this section may bring an action in the circuit court having jurisdiction for the return of the seized firearm.

Arkansas Carry has requested that the North Little Rock City Council immediately rescind this ordinance.


Issue: The City of North Little Rock has an established ordinance giving the City Mayor the authority to regulate the possession, transportation, and transfer of firearms during a declared emergency. This ordinance was enacted by the City Council under the authority granted to them by A.C.A. § 14-16-504 (http://www.arkleg.state.ar.us/assembly/1993/R/Acts/1100.pdf), but that authority has since been repealed. The ordinance is now in direct violation of Act 165 of 2011.


Existing City of North Little Rock Ordinance:

Sec. 26-40. - Authority of mayor to prohibit certain businesses.

(a) The mayor is hereby authorized, in conjunction with any curfew order (or independently of a curfew order, under proclamation of a state of public emergency), to make an order prohibiting all persons from selling, dispensing or making available, by barter, trade or otherwise, firearms and ammunition of every kind and character, explosives of every kind and description, gasoline, naphtha, kerosene and other like flammable substances, any and all types of alcoholic beverages including spirituous liquors, wine and beer, within the city or the area or areas thereof to which such order is made applicable. The time during which such order may be effective may be of the same duration as that established for a curfew or any extension of a curfew, in like manner as provided in section 26-37 of this article.

(b) It shall be unlawful for any person to do or perform any act prohibited by an order made pursuant to the provisions of this section.

Problem: The City of North Little Rock does not have the authority to enforce such an ordinance. In 2011 the Arkansas General Assembly passed Act 165, which repealed the authority of cities to regulate firearms during a declared emergency and provided a legal remedy against any city that confiscates firearms in violation of Act 165.

Remedy: Immediately repeal the city ordinance as the mayor does not have the authority to enforce it.


Here is the video report covering this story by KATV:  www.katv.com/video?clipId=7501872&autostart=true


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