Arkansas state representative says Act 746 decriminalizes open carry

Fort Smith Gun Rights Examiner ^ | 17 July, 2013 | Steve D. Jones

[marktwain]

Gun rights advocates received a big boost yesterday when Arkansas State Representative Nate Bell, R-Mena, gave his opinion that Act 746 will decriminalize open carry on August 16th, 2013, the date it takes effect.

Representative Bell was one of many sponsors of HB1700, the enacting bill that passed April 4th, 2013. On a July 16th Facebook post, Bell declares it was the original intent of the sponsors to decriminalize open carry.

It was the intent of the sponsors of Act 746 to decriminalize the open carry of a firearm by persons not prohibited from legally possessing the firearm. It’s my belief that the language contained in 5-73-120 (a) will effectively do so when the new law takes effect on August 16.

~ Nate Bell

In May, OpenCarry.Org founder Mike Stollenwerk declared Arkansas will become a Constitutional Carry state on August 16th:

Effective August 15, 2013, when HB 1700 takes effect, any arrest, charge, or conviction for violating § 5-73-120 can only lawfully arise if two elements of the offense are present. First, that a person was carrying one of the specified weapons. And second, that she was doing so “with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.”

~ Mike Stollenwerk, OpenCarry.Org founder

But that is where Representative Bell disagrees with gun rights advocates. Nate Bell believes concealed carry without a license is not decriminalized under Act 746. If so, Arkansas will only become an open carry state, not one that celebrates Constitutional Carry.

[ConservativeMan55]

Now that’s interesting!

If you’re invited over.. and someone breaks in you definitely should not have to retreat!

[DCBryan1]

RE: A person may not use deadly physical force in self-defense if he or she knows that he or she can avoid the necessity of using deadly physical force with complete safety by retreating. However, a person is not required to retreat if the person is: in the person's dwelling and was not the original aggressor

There was a case in Pine Bluff where a man went out on his porch to yell at the gang banger kids to turn their rap music down. A shouting match and arguement ensued. Homeowner went inside to call 911...gang banger entered and homeowner gets into gunfight.

Court ruled that the homeowner was THE ORIGINAL AGGRESSOR and threw out lawful self defense. Guy plead to negligent homicide and did 7 years IIRC. I think it may have been turned over on appeal.....but was the prison time worth it?!

Ya gotta be careful out there!

[ConservativeMan55]

Wow really??????

[ConservativeMan55]

I just wonder in that situation what else was that guy supposed to do after the idiot broke into his house?

[flintlock62]

I have been trying to find out about Arkansas law on accidental exposure of a concealed carry weapon. One statement is to contact a lawyer. Why should I have to do that? Why isn’t the law written clearly enough to be understood?
Personally, I believe a law abiding citizen shouldn’t have to hide anything.