Open Carry Bill Questions

Posted: Tue Jan 20, 2009 8:35 pm

What would each of you like to see in the Arkansas Open Carry bill? What restrictions - if any? What would you like the law to allow or disallow? Should certain places be off-limits? How would you word the language?

Active Participant Joined: Jan 19, 2009 Posts: 52

I personally think that any exclusion area is nothing more than a target rich environment where a perp is guaranteed to be able to get away with a mass murder if they chose to.

With that being said... if you can be trusted to carry, why not be trusted to carry anywhere?

If the sheep are too scared to see guns, they need to learn to get over it and grow a set of balls bigger than that of a piss ant.

I am tired of hearing about people being offended by someone carrying a gun especially the timid folks that expect the cops to protect them from bad guys.

Lets be smart about this an not have any exclusion zones.

Co-Founder Joined: Jan 17, 2009 Posts: 1080

Hotguns..your one smart cop! I agree with you!

Posted: Fri Jan 23, 2009 10:26 pm

Yea! What he said.

Posted: Sat Jan 24, 2009 2:32 am

I'll have to agree with that. No restrictions, even in federal and state buildings.

Active Participant Joined: Jan 19, 2009 Posts: 52

Yo...I'm not actually a cop...just a part time cop that wears a Deputy hat occasionally.

My "real" job is at the local Nuclear Plant.

Any money I make by being a Deputy goes straight into my "gun fund". Very Happy

Posted: Thu Jan 29, 2009 1:45 pm

The current "Open Carry" law in Arkansas is:

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 employ the handgun, knife, or club as a weapon against a person.

(b)As used in this section:

(1)?Club? means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap;

(2)?Handgun? means any firearm with a barrel length of less than twelve inches (12″) that is designed, made, or adapted to be fired with one (1) hand; and

(3)(A)?Knife? means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing.

(B)?Knife? includes a dirk, sword or spear in a cane, razor, ice pick, throwing star, switchblade, and butterfly knife.

(c)It is a defense to a prosecution under this section that at the time of the act of carrying a weapon:

(1)The person is in his or her own dwelling, place of business, or on property in which he or she has a possessory or proprietary interest;

(2)The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties;

(3)The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;

(4)The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon;

(5)The person is a licensed security guard acting in the course and scope of his or her duties;

(6)The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun;

(7)The person is a certified law enforcement officer; or

(8)The person is in a motor vehicle and the person has a license to carry a concealed weapon pursuant to

? 5-73-301 et seq.(d)(1)Any person who carries a weapon into an establishment that sells alcoholic beverages is guilty of a misdemeanor and subject to a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both.

(2)Otherwise, carrying a weapon is a Class A misdemeanor.
==============================================

This law is as offensive to KNIVES and baseball bats as it is to handguns! The letter of this law says you can't have a leatherman, much less a Buck knife strapped to your belt. This law is archaic, antique! We need an Open Carry law which will allow us to bear all kinds of weapons, including knives on our belts, baseball bats in our vehicles, etc... Under the current law, I can be arrested for carrying a bat to a game! Please correct me if I am wrong, but I believe a knife in my pocket is currently a CONCEALED weapon...

Posted: Fri Jan 30, 2009 1:56 pm

Sorry for ranting Evil or Very Mad

, but I wanted to say some more about the description of WEAPONS. I would like the new law to have a description at the beginning of the bill describing knives as deadly weapons and a separate description of what is a firearm. Then I would like "firearms" to be described as "deadly weapons". Don't even try to describe clubs as a deadly weapon, just let it be an "instrument of crime". After you have described them as such, write the carry part of the bill to make it illegal to carry a deadly weapon unless it is concealed with a permit, OR is a knife in your pocket, OR is in a belt holster which is fully or partially exposed, or in a scabbard or belt sheath, or is in a glove compartment, closed console or in a trunk. This way you can't carry it in your hand, you can't put it under your seat, and you can't carry concealed unless you have been checked out. WHERE you can carry can be sorted out later. If you have to leave it in your car, make em lock it up.

Registered User Joined: Jan 29, 2009 Posts: 8

but is it ok to carry into a restraunt that serves alcholic bevrages ive heard it s and thought i read it please let me know

Posted: Thu Feb 05, 2009 1:20 pm

It would be great if the new bill will allow open carry into restaurants which serve alcohol. Some of the states which now allow open carry allows this. We will see what is written into the original bill. I hope it is!

Co-Founder Joined: Jan 17, 2009 Posts: 1080

You can carry into a place that serves alcohol, as long as they derive 60% of their income from food. So chillis is ok, but a Bar isn't.

Quote:

(12)Any portion of an establishment, except a restaurant as defined in ? 3-9-402, licensed to dispense alcoholic beverages for consumption on the premises;

(13)Any portion of an establishment, except a restaurant as defined in ? 3-9-402, where beer or light wine is consumed on the premises;

Quote:

3-9-402.Definitions.

As used in this subchapter, unless the context otherwise requires:

(1)?Alcoholic beverages? means all intoxicating liquors of any sort;

(2)?Board? means the Alcoholic Beverage Control Board of this state or any successor agency;

(3)?Director? means the Director of the Alcoholic Beverage Control Division;

(4)?Hotel? means every building or other structure commonly referred to as a hotel, motel, motor hotel, motor lodge, or similar name where sleeping accommodations are offered which is kept, used, maintained, advertised, and held out to the public to be a place where food is actually served and consumed for adequate pay to travellers or guests, whether transient, permanent, or residential, and which:

(A)Has fifty (50) or more rooms for sleeping accommodations;

(B)Is kept, used, maintained, advertised, and held out to the public to be a place where food and food items are served;

(C)Actually serves full and complete meals prepared in a fully equipped and sanitary kitchen and prepared from uncooked foods for service to and for consumption by the guests and customers on the premises;

(D)Has a dining room or rooms with a seating capacity of at least fifty (50) people where meals are served to guests and customers;

(E)Has the sleeping accommodations and the dining room or rooms in the same building or in separate buildings or structures used in connection therewith that are on the same premises and are a part of the same hotel operation;

(F)Has employed a sufficient number and kind of employees to prepare, cook, and serve suitable foods or food items to its guests and customers;

(G)Serves food on all days of operations;

(H)Maintains separate sales figures for alcoholic beverages; and

(I)Has gross sales of sixty percent (60%) or more from items in the following categories:

(i)Food and food items;

(ii)Nonalcoholic beverages; and

(iii)Including up to twenty percent (20%) of receipts for sleeping accommodations;

(5)?On-premises consumption? means the sale of alcoholic beverages by the drink or in broken or unsealed containers for consumption on the premises where sold;

(6)?Person? means any natural person, partnership, association, or corporation;

(7)?Private club? means a nonprofit organization, association, or corporation as defined as a private club in

? 3-9-202(10);( Cool

?Restaurant? means any public or private place, without sleeping accommodations and that place:

(A)Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place whose primary function and purpose is to take orders for and to serve food and food items;

(B)Actually serves full and complete meals prepared in a fully equipped and sanitary kitchen and prepared from uncooked foods for service to and for consumption by its guests or members on the premises;

(C)Has a seating capacity of at least fifty (50) people;

(D)Has employed a sufficient number and kind of employees to prepare, cook, and serve suitable foods to its guests or members;

(E)On Sundays, serves alcoholic beverages on-premises only, in conjunction with meals;

(F)Serves food on all days of operations;

(G)Maintains separate sales figures for alcoholic beverages; and

(H)Has gross sales of sixty percent (60%) or more from the sale of food, food items, and nonalcoholic beverages or in the case of excursion boats, has gross sales of sixty percent (60%) of their gross income from boat rental fees and sales of food and nonalcoholic beverages;

(9)?Excursion boat? means any passenger vessel or boat, such as a riverboat, floating restaurant, or excursion boat, which meets the requirements for a permit for on-premises consumption of alcoholic beverages under

? 3-9-201 et seq. as a restaurant; and(10)?Restaurant? means any place that qualifies as a restaurant under subdivision ( Cool

of this section or any large meeting or attendance facility as defined in

? 3-9-202( Cool

which meets the requirements for a permit for on-premises consumption of alcoholic beverages under ? 3-9-201 et seq. as a large meeting or attendance facility restaurant.

History.Acts 1987, No. 766, ? 2; 1989, No. 837, ? 2; 1989, No. 868, ? 1.

Active Participant Joined: Jan 28, 2009 Posts: 24

This legislative enactment clearly violates the rights of citizens as enumerated in Article 2, clauses 2,3, and 5 of the Arkansas Constitution. Why has it not been challenged before the State Supreme Court?

Co-Founder Joined: Jan 17, 2009 Posts: 1080

well, for one it has to be challenged in lower courts. for 2 there are not many people willing to take issues like this to court. If I had the money for a lawyer I would jump on it in a heartbeat.

Co-Founder Joined: Jan 17, 2009 Posts: 1080

Think about this as well, Article 2, clause 29...would this not void any and all laws we currently have for firearms? would this clause not make those laws void?

Quote:

29. Enumeration of rights of people not exclusive of other rights - Protection against encroachment.
This enumeration of rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government; and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.

Posted: Fri Feb 06, 2009 1:28 pm

I moved the "Journey" thread to its own topic. -Arkyhog


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