Arkansas is an open carry state, says the Governor

[jejb]

Not that I'm going to go from concealed to open carry, but it's nice that he clarified it:
Governor tells State Police 'open carry' is the law in Arkansas | Arkansas Blog

 

[Pisgah]

As the article states, his opinion carries no force of law, and you can bet the State Police will do an abrupt about-face if a State court rules otherwise.

 

[iPac]

I like how the law was created vaguely and they were relying on the first prosecuted case to further "clarify" the meaning of the law.

Sounds like Arkansas needs to clarify that law prior to someone being the guinea pig and having to go through legal consequences.

 

[PPS1980]

As the article states, his opinion carries no force of law, and you can bet the State Police will do an abrupt about-face if a State court rules otherwise.

Ah, but the Attorney General of the state also said the same thing in 2015. As we see routinely, lawyers in black robes sometimes say things that just don't fit with the wording of the laws. Ultimately, as the Governor said, the Ark Supreme Court will be called on to settle this matter.

 

[Rastoff]

I like how the law was created vaguely and they were relying on the first prosecuted case to further "clarify" the meaning of the law.

All new laws must wait the first court case to see how it will be interpreted.

 

[TomkinsSP]

Yeah, they really should have been clear, and used a few simple words, like "shall not be infringed" so there are no incorrect interpretations.

 

[iPac]

All new laws must wait the first court case to see how it will be interpreted.

The laws should be written clearly to begin with so there is no question as to its interpretation.

Wishful thinking I guess.

 

[AlHunt]

Too bad there's not some way the state's legislature could clarify the situation.

 

[Rastoff]

The laws should be written clearly to begin with so there is no question as to its interpretation.

Wishful thinking I guess.

Yeah, wishful thinking. I mean, look at the second amendment. What could be simpler? Yet it's perverted at every turn.

 

[PR24]

AZ; open or concealed, your choice....no questions asked.

 

[MCorps0311]

Good move Governor!

 

[lawandorder]

Just because something is legal does not always make it the right choice.

 

[kld555]

I've written my local State Rep. asking her to make an effort to clarify this law, and did not receive a response. Nor did the legislature act to clarify this poorly written law. Shame on them.

 

[Goldstar225]

This whole matter of act 746 has annoyed me from the beginning. Actually the act didn't annoy me, it was the "interpretations" that have followed. I received the AG's 15 page opinion shortly after it was published. It took 15 pages to say (in a wishy washy way) what could have been summarized in one paragraph. It relied on legal precedents that were rendered moot by act 745. A "journey" was now defined but since the basic statute on carrying a weapon was revised, the journey exception was unneeded. In short, in order to effect an arrest for carrying a weapon law enforcement must be able to establish that the offender intended to use the weapon unlawfully. There is NO chargeable offense on the books for carrying a handgun openly. There also is no chargeable offense on the books for carrying a handgun concealed without a permit.


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.

 

[AlHunt]

This whole matter of act 746 has annoyed me from the beginning. Actually the act didn't annoy me, it was the "interpretations" that have followed. I received the AG's 15 page opinion shortly after it was published. It took 15 pages to say (in a wishy washy way) what could have been summarized in one paragraph. It relied on legal precedents that were rendered moot by act 745. A "journey" was now defined but since the basic statute on carrying a weapon was revised, the journey exception was unneeded. In short, in order to effect an arrest for carrying a weapon law enforcement must be able to establish that the offender intended to use the weapon unlawfully. There is NO chargeable offense on the books for carrying a handgun openly. There also is no chargeable offense on the books for carrying a handgun concealed without a permit.

I just read the wikipedia entry on the situation there. It'll be interesting to see what the legislature does, if anything.

 

[TomkinsSP]

Just because something is legal does not always make it the right choice.

I could list 100 things that the US Constitution permits me to do that are also things I would NEVER do. (And posting that list here would likley earn me a permanent ban from this forum.) But I am proud to live in a nation founded by free individuals who decreed that govenment power is derived from the consent of the governed.

 

[rwsmith]

Not for me.....

Maybe some people will appreciate it, but I'm not planning on open carrying as I don't want anybody to know I'm armed.

 

[TomkinsSP]

Maybe some people will appreciate it, but I'm not planning on open carrying as I don't want anybody to know I'm armed.

While this is my personal position as well, I want OC to be legal on philosophical grounds (a firearm is a tool like a sledgehammer, or golf club, or gallon can of gasoline, possession of same should not be an offence unless an individual committs an actual crime using said tool) and on practical grounds (if OC is legal then a CCW permit holder cannot be harrassed, cited, detained for inadventently and or momentarily uncovering said CC weapon).

 

[AlHunt]

While this is my personal position as well, I want OC to be legal on philosophical grounds (a firearm is a tool like a sledgehammer, or golf club, or gallon can of gasoline, possession of same should not be an offence unless an individual committs an actual crime using said tool) and on practical grounds (if OC is legal then a CCW permit holder cannot be harrassed, cited, detained for inadventently and or momentarily uncovering said CC weapon).

Well said.