Faulkner
Member
The Arkansas General Assembly changed the wording on the firearms law in their last session, supposedly to clean up the existing wording around the vague "journey" provision. Instead, what ACT 746 seems to have inadvertently done, through a lot of folk’s interpretation, was to open up the state to open carry.
After reading the new changes I agree that it does now allow open carry even if that was not the original intent. Regardless, it's kind of a mess at the moment. Most prosecutors have said they will not prosecute on open carry without criminal intent. The state attorney general has said she supports open carry but has failed to submit an official opinion.
Law enforcement in the state has not received a lot of formal input on the subject because the issue is confusing and still in debate. No doubt the General Assembly will have to clear this up one way or the other in their next session in the spring of 2016. In the meantime, our department reads the law that without criminal intent open carry is legal.
Here's the problem, just like I figured, we have some folks that have started carrying openly, pushing the social boundaries, and carrying "just because it's my by-God right" and slinging their AR over their shoulder as they grocery shop at the Walmart Super Center, or strapping on a leather rig with matching hog leg and strutting around at the little league ball field even though they don't have any kids playing ball. I was with my family at a nice family restaurant not long ago when a couple of 20-something year old bubbas came in and sat at the table next to us. Both wearing fancy 1911's in open top holsters that weren't the least bit secured, I could have easily reached over and just yanked it out the holster and started blasting away without leaving my chair.
I'm a second amendment supporter, NRA member, hunter, collector, firearms instructor, and all around gun guy, but I cringe when I see people that ought not be allowed to breed or own pets as I see them strutting around town loaded for bear just because they can.
"Self-government won't work without self-discipline." Paul Harvey
Oh, and here's a link to the latest conflict on the open carry issue in our state. Unfortunately, I think the cops are in the wrong on this one, but it shows the level of confusion initiated by the vagueness of new law. This situation is unfortunate for the fellow that got detained, but it could be beneficial to the state if it goes to court and establishes precedent one way or the other.
BKPD Arrest Man For ? Well, Something. | The Arkansas Project
After reading the new changes I agree that it does now allow open carry even if that was not the original intent. Regardless, it's kind of a mess at the moment. Most prosecutors have said they will not prosecute on open carry without criminal intent. The state attorney general has said she supports open carry but has failed to submit an official opinion.
Law enforcement in the state has not received a lot of formal input on the subject because the issue is confusing and still in debate. No doubt the General Assembly will have to clear this up one way or the other in their next session in the spring of 2016. In the meantime, our department reads the law that without criminal intent open carry is legal.
Here's the problem, just like I figured, we have some folks that have started carrying openly, pushing the social boundaries, and carrying "just because it's my by-God right" and slinging their AR over their shoulder as they grocery shop at the Walmart Super Center, or strapping on a leather rig with matching hog leg and strutting around at the little league ball field even though they don't have any kids playing ball. I was with my family at a nice family restaurant not long ago when a couple of 20-something year old bubbas came in and sat at the table next to us. Both wearing fancy 1911's in open top holsters that weren't the least bit secured, I could have easily reached over and just yanked it out the holster and started blasting away without leaving my chair.
I'm a second amendment supporter, NRA member, hunter, collector, firearms instructor, and all around gun guy, but I cringe when I see people that ought not be allowed to breed or own pets as I see them strutting around town loaded for bear just because they can.
"Self-government won't work without self-discipline." Paul Harvey
Oh, and here's a link to the latest conflict on the open carry issue in our state. Unfortunately, I think the cops are in the wrong on this one, but it shows the level of confusion initiated by the vagueness of new law. This situation is unfortunate for the fellow that got detained, but it could be beneficial to the state if it goes to court and establishes precedent one way or the other.
BKPD Arrest Man For ? Well, Something. | The Arkansas Project
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