The city has taken over the swimming hole (just a vent)

The city has taken over the swimming hole (just a vent)

This is a discussion on The city has taken over the swimming hole (just a vent) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Pretty much what that. Took the dogs swimming today and the city has taken over the swimming hole at the river, which is basically just ...

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Thread: The city has taken over the swimming hole (just a vent)

  1. #1
    Senior Member Array Tala's Avatar
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    The city has taken over the swimming hole (just a vent)

    Pretty much what that. Took the dogs swimming today and the city has taken over the swimming hole at the river, which is basically just a spot near the game and fish boat ramp where people go, lots of ATV riding and swimming where dogs are allowed. CC is generally allowed on game and fish property.

    The city now considers it a "park" and has posted a no firearms sign. The only improvements?? They added some blue gravel on the main road (fish and game uses white gravel). There are no amenities, no picnic tables or anything remotely park-like, not even porta potties!!!
    I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do these things to other people and I expect the same from them. -- John Wayne as John B. Books in "The Shootist"


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    VIP Member Array farronwolf's Avatar
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    Where did they put the signage?
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    Senior Member Array Tala's Avatar
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    Quote Originally Posted by farronwolf View Post
    Where did they put the signage?
    Big sign as you are driving in, kinda where they put the blue gravel. 5 rules I think, number 3 was simply "no firearms" Said road is the one that leads to the game and fish boat ramp. Swimming area is on the left before you get to the boat ramp.
    I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do these things to other people and I expect the same from them. -- John Wayne as John B. Books in "The Shootist"

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    VIP Member Array farronwolf's Avatar
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    Doesn't AR require the sign to read?

    "carrying of a handgun is prohibited"
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  5. #5
    Senior Member Array Tala's Avatar
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    Quote Originally Posted by farronwolf View Post
    Doesn't AR require the sign to read?
    That is true from what I've read.

    The school signs don't say that either (they say "gun free zone"), but I'm not about to go challenging them.
    I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do these things to other people and I expect the same from them. -- John Wayne as John B. Books in "The Shootist"

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    I personally think "firearm" pretty well covers "handgun" could debate the technicality of the law but I'd just find another place to go, or find some pepper spray and a cane.
    "Someone ever tries to kill you, you try to kill 'em right back."
    Captain Malcom Reynolds "Firefly"

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    Senior Member Array Tala's Avatar
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    Quote Originally Posted by LeftofMars View Post
    I personally think "firearm" pretty well covers "handgun" could debate the technicality of the law but I'd just find another place to go, or find some pepper spray and a cane.
    There is another game and fish boat ramp on the other side of the interstate. It's not as popular for the non-boaters because there isn't really ANYTHING there except a place to stick your boat in and not much parking if someone else has already put in. Not much bank space to fetch your dog, which is what I want. But I guess I'll be making use of what there is. I THINK that one is outside the city limits, so it's not likely to get "taken over"
    Just annoyed.
    I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do these things to other people and I expect the same from them. -- John Wayne as John B. Books in "The Shootist"

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    VIP Member Array Eagleks's Avatar
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    Luckily I live here, Cities are prohibited from banning CC in any city parks, parking lots, common grouinds, etc. Now, even city buildings unless they POST the building with the AG approved signage. They cannot post anything but a building.
    davidhanny8100 likes this.
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    Ex Member Array jaredpotts's Avatar
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    Quote Originally Posted by farronwolf View Post
    Doesn't AR require the sign to read?
    Quote Originally Posted by Tala View Post
    That is true from what I've read.

    The school signs don't say that either (they say "gun free zone"), but I'm not about to go challenging them.
    Attorney General has issued Opinion No. 2003-244 cities and counties can post their parks with “No Firearms Allowed” signs. CCW holders cannot legally carry in these posted areas.

    School zones are covered under federal law therefore any state signage laws would not apply.

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    VIP Member Array farronwolf's Avatar
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    I have read through the opinon and don't find anything that says they can post "No Firearms Allowed" signs. Maybe I am missing something. Hopefully Hotguns or someone who is much more familiar with AR law will weigh in.

    http://ag.arkansas.gov/opinions/docs/2003-244.html

    Question 3 – If it is lawful for a person described in Question 1 to carry a concealed handgun in city parks, may a Parks Commission prohibit such a person to carry a concealed handgun in a city park pursuant to A.C.A. § 5-73-306(b)(1)?

    It is my opinion that a municipality (or a municipal parks commission, exercising delegated power) may prohibit persons who have concealed handgun permits from carrying concealed handguns in city parks, by the posting of signs.

    I base this conclusion on A.C.A. § 5-73-306(b)(1), which states:

    (b)(1)(A) In addition to the places enumerated in this section, the carrying of a concealed handgun may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten feet (10’) that the “carrying of a handgun is prohibited” at each entrance to the location.
    (B) If the location does not have a roadway entrance, there must be a written notice placed anywhere upon the premises except that there must be at least one (1) written notice posted within every three (3) acres of a location with no roadway entrance.

    A.C.A. § 5-73-306(b)(1).[1]

    I note that the language of the above quoted provision, granting the controllers of property the authority to prohibit the carrying of concealed handguns into the property over which they exercise control, is sufficiently broad to include any person or entity that exercises control over property – even governmental entities such as cities. Nevertheless, I recognize that it is not entirely clear that the General Assembly intended this provision to apply to non-private entities such as municipalities when it enacted the provision in 1995. Indeed, in 1995, it would not have been necessary to authorize cities to post signs to prohibit the carrying of weapons in city-controlled property, because the provisions of A.C.A. § 5-73-122 already prohibited the carrying of weapons into city-controlled property. Nevertheless, when the General Assembly enacted Act 1110 of 2003, it was not only presumed to have been aware of the broad language of A.C.A. § 5-73-306(b)(1), it also did not change that broad language. Moreover, because the General Assembly was impliedly repealing the portion of A.C.A. § 5-73-122 that had previously obviated the need to authorize cities to post prohibiting signs, it was simultaneously giving rise to such a need. Because of the nature of this series of developments in these laws, I believe that if a court were faced with the question, it would interpret A.C.A. § 5-73-306(b) to apply to cities.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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    VIP Member Array TN_Mike's Avatar
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    That sucks. Another example of a government taking control of something and screwing it up.
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    IIRC wood burns......just sayin
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    Quote Originally Posted by dukalmighty View Post
    IIRC wood burns......just sayin


    ^^^^Now thats just^^^^^^^^^^

    Down right skeevy!!!!!!!

    I like it!
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    In the words of my PawPaw (the smartest man I ever knew)
    Son... The damn gummint rurns evathing

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    i would find a ne wplace to carry
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