Posted on 11/02/2013 7:17:50 PM PDT by marktwain
Arkansas passed ACT 746, which went into effect on August 16th of this year, (2013). The act effectively legalizes constitutional carry in Arkansas because it changes the definition of what constitutes the illegal carry of weapons. The old law did not require any intent; the new law makes carry of weapons illegal only if the carrier has the intent to illegally use the weapon.
AG McDaniel's, a Democrat, issued an opinion that the new law does not allow open carry. The opinion is nicely dissected by Steve Jones here. Essentially, the AG simply dodges the real issue, and never addresses the key part of the law which deals with intent.
In order to educate the public about the new law, second amendment supporters in Arkansas have been holding open carry marches, defiantly public and with the cooperation of the police, to show that the law has been changed.
Now the information is percolating into the consciousness of the local media in Arkansas. From katv.com:
The act is concerning county prosecutors across the state. The act says:
"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."
Faulkner County Prosecuting Attorney Cody Highland told Channel 7 News that there is a concern law enforcement could have issues proving someone with a gun is intending to use it "unlawfully."
"The law as passed makes it very difficult if not impossible to ascertain the intent of someone who is attempting to unlawfully deploy a weapon against another person so the practical effect is a substantial change in the law," Highland said.
A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man, or who carries a dangerous or deadly weapon within any state institution or upon the grounds or lands owned or leased for the use of such institution, without the approval of the warden or superintendent of the institution shall be imprisoned not more than two years or fined not more than $200.00, or both.Constitutional carry is being recognized in Arkansas. It is just happening gradually.
The openly carrying of a weapon is exactly what the second amendment is about. The Founders thought it was better for the government to fear it’s citizens than for it’s citizens to fear their government.
I live in NW ARkansas, just got my conceal carry license 2 wks ago. Ran into a friend today who has his too, was surprised to see him open carrying..... Doesn’t seem to be to concerned about it.
We’ve got a place in Madison county and a number of people we know open carry while out and about on their places especially this time of year.
Was up that way last week. Looked at some land in Madison County and some lots in Bella Vista. Got back to Texas and my rose bushes have flowers. We decided to stay here.
IMHO true Constitutional Carry means there is no law on the books regulating it in any way, or at most a law reaffirming an absolute right to keep (buy, own, maintain, and supply with ammunition) and bear (carry in the hand, on the body, in a vehicle, seen or unseen) anything which could be construed as a weapon without let or hindrance.
However, this is a step in the right direction.
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