You are now being logged in using your Facebook credentials
 

Arkansas Carry

  • Full Screen
  • Wide Screen
  • Narrow Screen
  • Increase font size
  • Default font size
  • Decrease font size
Welcome, Guest
Username: Password: Remember me
Arkansas Carry official announcements to membership.

TOPIC: Arkansas Carry press release on Act 746 and Constitutional Carry

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #1

  • arkyhog
  • arkyhog's Avatar
  • OFFLINE
  • Chairman
  • Keep your powder dry
  • Posts: 3063
  • Thank you received: 125
Arkansas Carry has issued a press release (attached) on Act 746 and Constitutional Carry

File Attachment:

File Name: Act746pressrelease.pdf
File Size: 581 KB
Attachments:
Last Edit: 1 year 6 months ago by arkyhog.
The administrator has disabled public write access.
The following user(s) said Thank You: MMYoung, Dogboy, jlfoshee, r1derbike, whoknewit

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #2

  • MMYoung
  • MMYoung's Avatar
  • OFFLINE
  • Junior User
  • Posts: 26
  • Thank you received: 6
HELL YEAH!
Every normal man must be tempted at times to spit upon his hands, hoist the black flag, and begin slitting throats. --H.L. Mencken
The administrator has disabled public write access.

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #3

  • Rickety
  • Rickety's Avatar
  • OFFLINE
  • Junior User
  • Posts: 23
  • Thank you received: 3
Since this act was not opposed in any real way, does it have the support of the people who passed it and the governor or was it unintended, or mis interpreted when it was read? I find it odd that they would pass this one, and reject SB999 which would have clarified the intent. I hope this press release opens up public discussion of this change. I'd like to see what the lawyers and prosecutors have to say about it. If prosecutors oppose this interpretation couldn't they fall back on other charges to punish people with weapons? Like disturbing the peace or something?
The administrator has disabled public write access.

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #4

  • r1derbike
  • r1derbike's Avatar
  • OFFLINE
  • Supporting Member
  • Curmudgeon
  • Posts: 148
  • Thank you received: 32
My .02:

At the moment, this legislation appears to clarify "journey" and "intent".

I see no legal basis to interpret as a green light to open carry either in a vehicle (i.e. on passenger seat), or open carry on person in a vehicle, with or without a CHCL. It just says it is permissible to carry. This opens-up a can of worms to interpret the word "carry".

I see no legal basis to interpret as a green light to open carry outside a vehicle as well.

While not specifically prohibiting the above, it does not specifically allow it either.

This legislation is fraught with ambiguous text regarding carry.

Add the guvs threat to veto any open carry legislation coming across his desk, and I think acting on what might be perceived this legislation is about, compared to what its intent is, might have to wait for the AG's clarification to get everyone (and LE) on the same page.

Granted, I've only read the text of the Act, and there is much legislation it fits into, so my .02 is just limited to the Act.

I could be off base on my assessment (I hope I am), but that's how I see it presently.
Behind every bullet, is a lawyer...
Last Edit: 1 year 6 months ago by r1derbike.
The administrator has disabled public write access.
The following user(s) said Thank You: jlfoshee, gejoslin

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #5

  • MMYoung
  • MMYoung's Avatar
  • OFFLINE
  • Junior User
  • Posts: 26
  • Thank you received: 6
I get what you are saying, and I won't be the first test case for this new act :wink: , I've always worked under the assumption (and we know where that gets you) that if something is not disallowed it is allowed. The law reads:

"It is permissible to carry a handgun under this section if at the time of the act of possessing a handgun or firearm...

(7) The person is on a journey beyond the county in which the person lives, unless the person is eighteen (18) years of age or less;"

It also states:

"5-73-120. 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."

So I'm not so sure that it doesn't *allow* for open carry and I agree that we'll probably need a ruling from the AG to clarify. To be honest I think it clears up some of the ambiguous wording of the original law.

Just my thoughts
Every normal man must be tempted at times to spit upon his hands, hoist the black flag, and begin slitting throats. --H.L. Mencken
The administrator has disabled public write access.
The following user(s) said Thank You: gejoslin

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #6

  • r1derbike
  • r1derbike's Avatar
  • OFFLINE
  • Supporting Member
  • Curmudgeon
  • Posts: 148
  • Thank you received: 32
Yeah, we need some legal clarification! And if it is indeed open carry on person or in vehicle, I'll have a copy of the law!
At the moment, if not carrying personally concealed in the car, I have it in my holster which is attached to the map pocket on the door. If someone is peering inside my passenger window with it down, they *might* see part of the grip of the weapon just above the pocket, so I use a black knit cap to cover it completely. The pocket and holster is black, so it is stealthy anyway, but I'm not taking any chances.

It is instantly accessible, but my wife has said not to throw the cap at her inadvertently, while retrieving the weapon! :!:
Behind every bullet, is a lawyer...
The administrator has disabled public write access.

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #7

  • KBCraig
  • KBCraig's Avatar
  • OFFLINE
  • Forum Elite
  • Posts: 785
  • Thank you received: 122
I would be concerned about case law that might still apply.

If the law as previously worded has ever been upheld on the basis that having a handgun on or about your person is prime facie evidence of mal intent, or intent to use it against a person, then the courts could easily rule that the same assumption still applies.

I don't know of any such ruling; I'm just throwing out the possibility.
The administrator has disabled public write access.

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #8

  • Chris Matthews
  • Chris Matthews's Avatar
  • OFFLINE
  • Executive Director
  • Go Braves!
  • Posts: 974
  • Thank you received: 186
via Steve D. Jones:


Suppose I wanted write a law to ban body odor when it harms other people. The first thing I would do would be define the offense, and later attach a penalty for breaking this law. The law might read as follows:

“It shall be an offense to have body odor in public places where it may harm other people.”

This sentence doesn’t ban body odor completely, it just bans it when it harms other people.

Then I have many of my friends complain that they need to be sure of places where body odor will be allowed, no matter what. I then add to this law:
“Body odor in public is permissible if,
(a) Person is smelling bad in a park, or
(b) Person is smelly at home, or
(c) Person is rank in a car.”

These permissions do not mean that a person can’t smell bad anywhere but in a park, their home or their car… these are just listed places that public body odor can’t be found illegal. Thus, I have now banned the criminal act of body odor that harms other people in public. It is upon the prosecutor, however, to prove a person is harming someone or they can’t be charged. Body odor is allowed anywhere in public where it doesn’t harm another, and it is protected in listed places.

Penalty is a misdemeanor, punishable by a public shower.

Sound familiar?
www.arkleg.state.ar.us/assembly/2013/2013R/Acts/Act746.pdf
Chris Matthews
Executive Director | Arkansas Carry
e: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
o: 501-291-4839
The administrator has disabled public write access.
The following user(s) said Thank You: icebox13

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #9

  • Vibe
  • Vibe's Avatar
  • OFFLINE
  • New User
  • Posts: 3
  • Thank you received: 2
Whether intentional or not it seems as if this law might have reduced the need for a CHCL, except the CHCL would be a better "First impression" of non-criminal intent. In any event, even if not "on a journey" the burden of proof of "criminal intent" falls upon the LEO and the prosecutor. Unless the action of "intent to carry a weapon" is criminalized.
The administrator has disabled public write access.
The following user(s) said Thank You: Wheel Gun Lover

Arkansas Carry press release on Act 746 and Constitutional Carry 1 year 6 months ago #10

  • icebox13
  • icebox13's Avatar
  • OFFLINE
  • Supporting Member
  • Embodiment of Awesome
  • Posts: 251
  • Thank you received: 48
r1derbike wrote:
While not specifically prohibiting the above, it does not specifically allow it either.

You can wear a yellow shirt. So...

Can you wear a yellow shirt because there is a law that allows you to wear a yellow shirt? Or can you wear a yellow shirt because there is an absence of any law that prohibits you from wearing a yellow shirt?
The administrator has disabled public write access.
The following user(s) said Thank You: MMYoung

Automated Tip Line

Add Us to Your Cell Phone!

501-291-4839

This is a voice mail box that forwards your messages to our e-mail.  Give us a call if you have a question about our organization, carrying firearms, or see a business that prohibits lawful carry!

 
Join our effort to get Pro-2A candidates elected. 
Visit us at:  www.ac-pac.org
www.facebook.com/arkansascarrypac
Arkansas Carry Political Action Committee

Site Visitor Activity

We have 63 guests online
You are here: Forum The Administration Desk Announcements Arkansas Carry press release on Act 746 and Constitutional Carry