Concealed Carry in Arkansas City Parks Clarification

This is a discussion on Concealed Carry in Arkansas City Parks Clarification within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Recently we had a city in Arkansas, Russellville, try to pass an ordinance that would prohibit the carrying of a concealed handguns in city-owned parks. ...

Results 1 to 8 of 8

Thread: Concealed Carry in Arkansas City Parks Clarification

  1. #1
    Member Array khukuri's Avatar
    Join Date
    Feb 2012
    Location
    NW Arkansas
    Posts
    131

    Concealed Carry in Arkansas City Parks Clarification

    Recently we had a city in Arkansas, Russellville, try to pass an ordinance that would prohibit the carrying of a concealed handguns in city-owned parks. I've also heard that in Bentonville parks that they are not allowed. Reading another post on another forum it was said that concealed carry was already prohibited by state law and the below facts were submitted. Can anyone clarify this? I assumed that if not posted one could carry a concealed handgun in Arkansas parks. If not, I will probably not be taking the kids to the parks anymore. It seems to be an almost impossible task here to know for sure if you in compliance or not when carrying a handgun.



    5-73-122. Carrying a firearm in publicly owned buildings or facilities.

    (a) (1) It is unlawful for any person other than a law enforcement officer or a security guard in the employ of the state or an agency of the state, or any city or county, or any state or federal military personnel, to knowingly carry or possess a loaded firearm or other deadly weapon in any publicly owned building or facility or on the State Capitol grounds.

    (2) It is unlawful for any person other than a law enforcement officer or a security guard in the employ of the state or an agency of the state, or any city or county, or any state or federal military personnel, to knowingly carry or possess a firearm, whether loaded or unloaded, in the State Capitol Building or the Justice Building in Little Rock.

    (3) However, the provisions of this subsection do not apply to a person carrying or possessing a firearm or other deadly weapon in a publicly owned building or facility or on the State Capitol grounds for the purpose of participating in a shooting match or target practice under the auspices of the agency responsible for the building or facility or grounds or if necessary to participate in a trade show, exhibit, or educational course conducted in the building or facility or on the grounds.

    (4) As used in this section, "facility" means a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property.

    (b) (1) Any person other than a law enforcement officer, officer of the court, or bailiff, acting in the line of duty, or any other person authorized by the court, who possesses a handgun in the courtroom of any court of this state is guilty of a Class D felony.

    (2) Otherwise, any person violating a provision of this section is guilty of a Class A misdemeanor.

    HISTORY: Acts 1977, No. 549, 1, 2; A.S.A. 1947, 41-3113, 41-3114; Acts 1991, No. 1044, 1; 1995, No. 1223, 1; 1997, No. 910, 1.

    This state law says you can't carry a handgun into a 'facility', and then defines a 'facility' as a municipally owned or maintained park, etc. The posters opinion was that this law says the state has prohibited the carry of firearms into city parks.
    The only parks excluded are state parks and county parks.

  2. Remove Ads

  3. #2
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,840
    I got that. I'll tell you everything you wanted to know later tonight, as I am right in the middle of it in more ways than one since my address is Russellville.
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  4. #3
    Member Array khukuri's Avatar
    Join Date
    Feb 2012
    Location
    NW Arkansas
    Posts
    131
    Quote Originally Posted by HotGuns View Post
    I got that. I'll tell you everything you wanted to know later tonight, as I am right in the middle of it in more ways than one since my address is Russellville.
    Thanks. I'll be checking back.

  5. #4
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,840
    Ok.

    We were in a nasty fight with the Russellville City Council. A request by Mack Hollis, Parks Director saw them trying to enact an ordinance that bans all handguns on city property. They tried to sneak it in, no one even knew about it until the second reading when it got reported by the River Valley Leader, an internet based news media.

    The proposed ban was in fact illegal,since Arkansas has a firearms preemption law that basically states that no town or city council can enact a ban on weapons that is more stringent than state standards. After that was brought to their attention by a couple of big city lawyers in Little Rock, the city hired a lawyer to interpret the law,meaning that they would twist the words to the city's advantage.

    The city council for the most part are a bunch of totally clueless yellow dog Democrats, and some of those fools are actually proud of it. As heated opposition became apparent, we started hearing the same old tired rhetoric about how "its for the kids" and "guns and parks don't mix". Yeah right. Never mind the fact that we have had several nationally televised events that include rape,attempted rape and even aggravated assault. The parks was where you needed to carry.

    It didn't matter that the opposition was overwhelming. Not one single negative incident of a CHL had been reported, yet here they were trying to punish legal gun owners because of a few thugs that do whatever they please anyway.

    The intent was to make all of the parks have uniform enforcement. It sounds simple enough, about half of the parks in RSVL were leased from the Army Corp of Engineers, the other half were owned by the city. Since they figured out that they couldn't do anything about the AOCE land, they figured it'd be easier to just ban guns on all city owned property because it was easier.

    What they didn't figure on was the power of the INTERNET. Facebook. Twitter. Even the NRA published it in their news briefs. I reminded several of the councilman that I was the TC of the largest gun club in the state, and the monthly newsletter that the club published that reached several thousand people would be made aware of situation and how I thought about it since I author the articles on page 2 and 3,sometimes 4.

    To top that, they convened and added an "Emergency Clause" to the proposed law so that when passed it could be enacted immediately instead of the usual 120 wait until it became law. After all...it was for the kids.

    It was brought to the attention of Mack Hollis that a bill in session would strip the authority of the Army Corp of Engineers of its right to ban guns anywhere. As a matter of fact, one of the co-authors, Bozeman from Arkansas helped sponsor it, and it is another step in the right direction.

    So, upon that realization,Mack asked the city council to pull the bill until the disposition of the Federal bill was determined.

    The city council jerks wont look me in the eye anymore or return my emails. One of them sent me a message today imploring me to understand that he was just "caught up" in it and really didn't know what was involved. I know better, hes taking a lot of heat and like most Democrats put under a microscope he is craw-fishing from it all.

    The mayor, who usually visited me at the mall on Fridays where I eat with a friend every week, cuts us both a wide berth and wont even make eye contact. The whole council consists of slime balls that I would'nt let in my yard for fear of catching some disease. I wanted every one to show up with a length of rope coiled around their shoulder just to get the point across but my wife talked me out of it. She thought it would send the wrong message. I thought it would send one that even they could understand.

    As it stands now, it is legal to carry in any city park unless the city properly notifies with signs. Most city's, once they found out what a pain it was and the liability, took them down, so you don't see them much anymore. If it is not properly posted, then it can not be enforced.

    I could go on about the deceit and treachery by those elected to govern, but you get the idea.

    For now we have won, but the only thing I trust the city council to do is to screw something up.
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  6. #5
    Member Array khukuri's Avatar
    Join Date
    Feb 2012
    Location
    NW Arkansas
    Posts
    131
    Thanks for the info. So with the wording from the laws that I pasted, how can this not prohibit concealed carry in the parks? Was this brought up or discussed in the meetings with the Russellville City Council?

    5-73-122. Carrying a firearm in publicly owned buildings or facilities.

    (4) As used in this section, "facility" means a municipally owned or maintained park, football field, baseball field, soccer field, or another similar municipally owned or maintained recreational structure or property.

  7. #6
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,840
    The sections that you quoted have been amended numerous times to reflect current revisions in the law. You have the old version.

    You never could carry in a sports facility and still cant.

    You can basically carry in any park, unless posted. As of right now, you can carry in a city park. That what the city council was trying to prevent,then they found out it wasnt it their best intrests to try it.
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  8. #7
    Member Array khukuri's Avatar
    Join Date
    Feb 2012
    Location
    NW Arkansas
    Posts
    131
    Quote Originally Posted by HotGuns View Post
    The sections that you quoted have been amended numerous times to reflect current revisions in the law. You have the old version.

    You never could carry in a sports facility and still cant.

    You can basically carry in any park, unless posted. As of right now, you can carry in a city park. That what the city council was trying to prevent,then they found out it wasnt it their best intrests to try it.
    Thanks. I should have had enough sense to check the current version. I have it printed out and in a binder and didn't remember ever seeing the restrictions above.

  9. #8
    Member Array Runt's Avatar
    Join Date
    Feb 2012
    Location
    England,Ar
    Posts
    117
    HotGuns thank's for posting your report. My main place to fish is Lock and Dam #4 at Shepard Island north of Pine Bluff and Jefferson County is one of the highest crime rate county's in the state. When I read about the ban on all handgun's on Corp's ground I knew it wasn't right. When I'm on the river till 11 pm - 2am and loading the boat up, I'm going to have something available to protect myself with beside's a boat paddle or a fishing pole with an eight ounce lead weight.
    Remember, Life is not like a box of chocolate's.. It's more like a jalapeno pepper, because what you decide upon today can really burn your butt tomorrow..

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

arkansas concealed carry forum
,
arkansas concealed carry in state parks
,
arkansas concealed carry law
,

arkansas concealed carry shooting test

,

arkansas concealed carry state parks

,

arkansas concealed carry test

,
arkansas concealed handgun carry in city parks
,
can you conceal carry in arkansas state parks
,
conceaed hanggun test pine bluff ar
,

concealed carry arkansas state parks

,

concealed carry laws arkansas state parks

,
defensive carry arkansas
Click on a term to search for related topics.