AR:Gun-Rights Advocates Schedule Open-Carry Walk

5newsonline.com ^ | 3 September, 2013 | Larry Henry

[marktwain]

Gun-rights advocates have scheduled an open-carry “awareness walk” for Saturday in Van Buren, the second walk this month in the River Valley involving people openly carrying handguns in holsters.

The walk on Saturday is set to begin at 9 a.m. at the Van Buren Public Library parking lot, according to Steve Jones, chairman of Arkansas Carry, a statewide gun-rights group. From the library, the group will walk north on Main Street to North 20th Street, then cross Main Street and go south to Cane Hill Street. From that point, the group will walk back to the library, Jones said.

Jones said the walk on Saturday is intended to show that Act 746, approved by the 2013 General Assembly and signed into law by Gov. Mike Beebe, “has decriminalized the possession of a handgun in plain view if a person does not intend to use that weapon unlawfully.” The act took effect Aug. 16.

Arkansans are allowed to carry a concealed handgun if they have a concealed-carry permit, but Attorney General Dustin McDaniel issued an opinion this summer stating that Act 746 does not allow Arkansans to carry unconcealed handguns.

In his statement, Jones included a recent letter from Crawford County Prosecuting Attorney Marc McCune to law enforcement officials, stating his office will not prosecute open-carry cases unless it can be proven that someone’s “mental state” was to use the handgun unlawfully.

[marktwain]

Technically, AG McDaniel is correct, Act 746 does not "allow" Arkansans to open carry, it simply does not forbid it. In the United States, all that is not forbidden is allowed.

Statists want the status quo to be "All that is not allowed is forbidden".

McDaniel is a Democrat.

Link: Arkansas will become Constitutional Carry

[mosaicwolf]

This is good news. I checked with an attorney here in my county and he told me a law enforcement officer would have to be able to prove a person had the intent to use the firearm in an unlawful manner. He said it would have to go something like this.

LEO: Hold on son. Why are you carrying that firearm?"

SON's stupid response: Well officer, I am going down to the convenience store and rob them and may need my gun if they resist."

LEO: You are under arrest son for carrying a firearm with unlawful intent."

SON's smart response: Well officer I have the right to carry this weapon and it is intended for self defense."

LEO: "Be safe and have a nice day son."

Seems pretty cut and dry to me but then again, lawyers are strange birds with strange ideas. (Read: Roberts of the SCOTUS.)

[Ruy Dias de Bivar]

Obviously not all Arkansas sheriffs go for this. Here is how it is in our county.

http://www.ozarksfirst.com/story/benton-county-sheriff-weighs-in-on-open-carry-in-arkansas/d/story/x0vFahuj80m0eeh5j3ReCQ