Traveling to Arkansas...no permit...have questions

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Thread: Traveling to Arkansas...no permit...have questions

  1. #1
    Member Array Medic218's Avatar
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    Traveling to Arkansas...no permit...have questions

    A co-worker is traveling to AR this weekend and wants to take his pistol with him. He is still waiting on his permit to arrive in the mail so in the mean time is just like everybody else.
    What are some specifics he needs to know about as far as being able to carry in his vehicle...or not?
    Any info you guys can provide to help him would be great!
    Thanks.

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  3. #2
    VIP Member Array chiefjason's Avatar
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    Here's a start


    "You must have a Permit/License to carry a loaded handgun in any vehicle." per here..

    http://www.handgunlaw.us/states/arkansas.pdf


    And interstate trasport of firearms info here.

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    Do some checking but normally when on a journey through Arkansas you are not required to have a permit. Simply call the State Police or the city you are going to visit and check to make sure. Be advised though once you have reached your destination you are not covered under journey provision and the weapon must secured whereever you are staying.

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    Calling the state police for legal advice is not the way to go, IMO....you get opinion.

    Read the state laws....see Chiefjason's post above.
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    Went to the website above and it says that you must have a permit to travel with a loaded weapon in the vehicle which is different from the Arkansas weapons statute. Do whatever you think is best. If you want to call the ASP or send an email to have a record the number is 501-618-8600 is the main number and 501-618-8230 is the direct line to the Public information officer Bill Sadler. His email is: bill.sadler@asp.arkansas.gov If he does not have the answer I am sure he can direct to someone who does and you will have a record of whom you talk to. Good luck and have a safe trip.

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    Here's how I look at it. If you are not certain, the risk of getting into trouble outweighs the risk of needing it and not having it. Your chances of being stopped for a traffic offense are comparatively high as compared to your chance of being in the wrong place at the wrong time. And if found with a weapon, possessed against Arkansas law, you'll have to deal with more than you want to deal with.

    Patience, is in order. Wait for the permit and postpone the trip, make the trip without the gun, or make absolutely certain that you know what the law actually is--- by reading the actual statute very very carefully.

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    Here is the Arkansas Statute:

    FREQUENTLY ASKED QUESTIONS
    ARKANSAS GUN LAWS
    ARKANSAS FIREARM LAWS GENERALLY
    I want to travel across Arkansas and I would like to carry my handgun for my personal safety while I am traveling. How may I legally carry my handgun?
    The following is the Arkansas law concerning carrying a weapon.
    Arkansas Code Annotated §5-73-120. Carrying a weapon. (a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun, knife, or club as a weapon against a person. (b) As used in this section:
    (1) "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;
    (2) "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; and
    (3)(A) "Knife" means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing.
    (B) "Knife" includes a dirk, sword or spear in a cane, razor, ice pick, throwing star, switchblade, and butterfly knife.
    (c) It is a defense to a prosecution under this section that at the time of the act of carrying a weapon:
    (1) The person is in his or her own dwelling, place of business, or on property in which he or she has a possessory or proprietary interest;
    (2) The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties;
    (3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;

    (4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon; (a journey is defined as traveling beyond your circle of neighbors and general acquaintances our outside a person’s normal travel routine)

    (5) The person is a licensed security guard acting in the course and scope of his or her duties;
    (6) The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun;
    (7) The person is a certified law enforcement officer; or
    (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.
    (d)(1) Any person who carries a weapon into an establishment that sells alcoholic beverages is guilty of a misdemeanor and subject to a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both.
    (2) Otherwise, carrying a weapon is a Class A misdemeanor.

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    Member Array John Luttrel's Avatar
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    This from above is correct;

    (4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon; (a journey is defined as traveling beyond your circle of neighbors and general acquaintances our outside a person’s normal travel routine)

    Arkansas has a Journey law and unless you are belligerent, under the influence or running drugs, no law enforcement in Arkansas will give you a rough time traveling through with a legal firearm.
    John Luttrell

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    A note of caution about using the "Journey" law in Arkansas.

    I've been told be several laywers and Judges that it only applies to those that live in Arkansas. If you are carrying using only the journey application, be very,very careful.

    Some police depts(mostly in the Little Rock area) will arrest anyone that they find carrying a gun in a vehicle and they will leave it up to a judge to sort it out.

    You are basically at the discretion of the cop that stops you.Most dont worry about it, but some do and they will mess up your trip. Otherwise, if you have a Texas permit, its not an issue.

    Just something to be aware of.
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    Ex Member Array Ram Rod's Avatar
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    Quote Originally Posted by HotGuns View Post
    A note of caution about using the "Journey" law in Arkansas.

    I've been told be several laywers and Judges that it only applies to those that live in Arkansas. If you are carrying using only the journey application, be very,very careful.

    Some police depts(mostly in the Little Rock area) will arrest anyone that they find carrying a gun in a vehicle and they will leave it up to a judge to sort it out.

    You are basically at the discretion of the cop that stops you.Most don't worry about it, but some do and they will mess up your trip. Otherwise, if you have a Texas permit, its not an issue.

    Just something to be aware of.
    I would adhere to this advice no matter what the law states in text. You're also depending on the LEO to know these deeply buried laws which some of them I've come across don't even fully know the vehicle laws of Arkansas like driving with parking lights on, or the use of turn signals when changing lanes. IMO, you'll be pressing your luck if you get stopped without a permit from a reciprocal state with a loaded firearm in your vehicle. Something else to think about (since you don't have a permit), and I've had this discussion with LEOs in the past as well. If you have a loaded weapon within reach in your vehicle (without a permit), it's prima facia evidence that it's placed there as a weapon with intent to use it as a weapon. However.....if the gun is separate from the magazine and or ammo, and requires you take a certain amount of actions or steps to make the pistol ready for use, then it's not been placed in your vehicle as a weapon. Again...you'll run into interpretations that you definitely don't need to leave any gray area around.

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