Arkansas Carry

Arkansas Carry

This is a discussion on Arkansas Carry within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I recently asked a friend of mine who is a police officer (25 years experience) about open carry in Arkansas. I have looked through the ...

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Thread: Arkansas Carry

  1. #1
    Member Array dwpa's Avatar
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    Arkansas Carry

    I recently asked a friend of mine who is a police officer (25 years experience) about open carry in Arkansas. I have looked through the statues and can't find anything prohibiting or allowing it. I asked him if maybe I was just overlooking it somewhere. My friend is *very* knowledgable about Arkansas state laws and when I asked him about open carry, he told me that there is nothing in the law that that says you cannot open carry, therefore as long as the gun is in plain sight there should be no problem. My question to you guys is whether or not you would consider "anything not prohibited is allowed" a valid defense if asked about it. This would be a non-issue except that my friend is an officer in another city so his interpretation is only protection when I'm up visiting my home town. Any thoughts would be appreciated as I would like the option of open carry at times.

    --dwpa


  2. #2
    Senior Member Array Gary Slider's Avatar
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    Open Carry

    You can Open Carry in Arkansas as there is no law covering that aspect of carrying firearms. That all changes once you enter a vehicle. There is a law covering carrying in a vehicle so you must have a permit to carry a handgun in a vehicle unless it is unloaded and stored out of reach of any of the occupants.
    5-73-120. Carrying a weapon.
    (a) A person commits the offense of carrying a weapon if he possesses a handgun, knife, or club on or about his person, in a vehicle occupied by him, or otherwise readily available for use with a purpose to employ it as a weapon against a person.
    (b) As used in this section, unless the context otherwise requires:
    (1) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made, or adapted to be fired with one (1) hand;
    (2) "Knife" means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing. It includes a dirk, sword or spear in a cane, razor, ice pick, and a throwing star, switchblade, and butterfly knife; and
    (3) "Club" means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap.
    (c) It is a defense to a prosecution under this section that at the time of the act of carrying:
    (4) The person is carrying a weapon when upon a journey;
    (8) The person is in a motor vehicle, and the person has a license to carry a concealed weapon pursuant to § 5-73-301 et seq.
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    Gary Slider

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  3. #3
    Distinguished Member Array fotomaker57's Avatar
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    Another potential problem lies in the fact that many cities do have ordnances against open carry. I know here in Missouri the State allows it but don't try it in a town that has an ordnance against it.
    Mike
    The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
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  4. #4
    Member Array Trade_Sniper's Avatar
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    The thought that always pops into my head is "Why would you want to open carry?". Or is the question posed if you don't have a CC permit?
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  5. #5
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    Array HotGuns's Avatar
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    You can Open Carry in Arkansas as there is no law covering that aspect of carrying firearms. That all changes once you enter a vehicle. There is a law covering carrying in a vehicle so you must have a permit to carry a handgun in a vehicle unless it is unloaded and stored out of reach of any of the occupants.
    Actually that is not quite correct.

    You can open carry on private property...if the local ordinances allow it.
    The law specifically states that open carry is allowed if in the act of hunting, during an open hunting season.

    Otherwise, if you try walking around with an openly displayed gun, you'd better have a badge clipped to your belt within 3 inches of the gun. If you dont, you will be confronted and more than likely arrested and then you can let the judge tell you his interpretation of the law.

    5-73-120. Carrying a weapon.
    (a) A person commits the offense of carrying a weapon if he possesses a handgun, knife, or club on or about his person, in a vehicle occupied by him, or otherwise readily available for use with a purpose to employ it as a weapon against a person.
    notice these words...or otherwise readily available for use with a purpose to employ it as a weapon against a person

    If you are not n the act of hunting, then it assumed that you are carrying a gun to defend yourself in which case the gun would be deployed as a weapon against a person.

    Somehow I doubt that you could convince anyone that you were hunting while walking around the local Walmart toting your gun.

    Pretty much every city has a local ordinance that defines it.

  6. #6
    Member Array dru22's Avatar
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    Open Carry?

    Not sure where they get their info, but check this site out.....

    http://www.opencarry.org/
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