Posted on 06/09/2015 7:15:34 AM PDT by marktwain
Act 746 went into effect in 2013. The law was clear at the time, and is clear now. The Democrat Attorney General when the law went into effect, Dustin McDaniel, expressed an opinion about the law which seemed designed to cause confusion about the issue. In the opinion, former AG McDaniel simply ignores the most important change in the law. Here is the relevant section, ignored by McDaniel:
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.
FAYETTEVILLE (KFSM) Lt. Gov. Tim Griffin and Attorney General Leslie Rutledge say they believe current law in Arkansas allows people to carry handguns openly.If you read the opinion, that is not what former AG McDaniel wrote. Here is his actual conclusion, very carefully parsed, in answer to a question solely about the modification of the definition of "journey" in Act 746:
Responding to a question from a pro-gun Facebook site, the Republican lieutenant governor recently reiterated a view he has previously expressed in saying he thinks open carry is legal. Griffins office confirmed that statement on Tuesday (June 2).
A bill approved in the 2013 legislative session has some split on whether it allows people to carry handguns openly in a holster into a public setting. Dustin McDaniel, a Democrat who was the attorney general at the time, said open carry of handguns is illegal in the state under that law, Act 746.
But regardless of how the words beyond the county are interpreted, the answer to your particular question is clear, in my opinion: Act 746 does not authorize open carry. This act does not, in other words, permit a person to possess a handgun outside of their vehicle or other mode of transportation while on a journey outside their county of residence.Of course Act 746 does not "permit a person to possess a handgun outside of their vehicle". It simply changes the definition of when it is illegal to do so. All of the authorities who have opined on this now agree. Former AG McDaniels simply did not address that change in the law, but sidestepped the issue, and focused on the "journey" smokescreen.
THE SECOND AMENDMENT IS MY CARRY PERMIT
Good work Dean.
I commend you for spending so much time clarifying open carry laws and exposing government obfuscation concerning such laws.
I regularly travel into Arkansas and was not familiar with there law.
I live here in Benton County, and I still would not trust them. They may try to find some nit picking reason to bust you for no crime at all.
Actually Benton and Washington County is pretty safe. Now if I went to Little Rock or Ft Smith, or West Memphis I would definitely be carrying.
“Benton County Sheriff Kelley Cradduck said this week his deputies will not arrest anyone who openly carries a handgun.” But what about concealed w/o a permit?
As for concealed carry, this lawyer below still says you need a permit to carry concealed. Maybe he has not updated his site.
http://www.criminaldefenselawyer.com/resources/open-and-concealed-gun-carry-laws-arkansas.htm
I suspect that he simply has not updated his site.
The law is quite clear.
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