Arkansas re-ignites activity with the push for open carry
This is a discussion on Arkansas re-ignites activity with the push for open carry within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Due to recent events which we're all aware of, the push for open carry in Arkansas has been re-ignited, just like a lot of other ...
January 14th, 2011 07:08 PM
Arkansas re-ignites activity with the push for open carry
Due to recent events which we're all aware of, the push for open carry in Arkansas has been re-ignited, just like a lot of other things circulating around the 2A. It's always difficult for me to think of how some good could come out of tragedy. Not many would admit that sometimes it does happen. But apparently the lawmakers are finally starting to question things, and stand up for themselves. In doing so, they need to make things equal amongst the general populace of the state since they are the lawmakers but not above the law. Today's local news is running a story on the open carry bill in Arkansas. If I could post a poll for Arkansans only, I probably would. I don't think I can single out the home state folks from the entire forum, but I'd like to hear the opinions of all members from Arkansas on the issue whenever you feel ready, just post here in this thread. I'd ask that out of state forum members be discrete if they wish to reply, or giving us a boost of enthusiasm. I've enjoyed the opportunity to open carry in other states, and I've done so legally.
My wife and I are supporters for open carry. We differ in a few ways of thinking, but to say the least, we agree on it becoming a choice for those with a CHCL (AR concealed permit). The ways the laws will come about may be entirely different than what we're thinking they might be. Thing is, I think it's a move in the right direction for the state, and the country as a whole. It's not an ordeal of catching up with those states that already have open carry. It's simply time to do it for us. Catch a glimpse of it on the news tonight, and grease the wheels, or light that candle again. If you're in Arkansas and you haven't signed the petition for open carry yet, visit my blog, and hit the link. Even if you're not a supporter for open carry in Arkansas, at least see that others might have a choice.
Keep on going. If you needed a boost, this is it. Time is right, and we need more wood on the fire to see this happens this year in Arkansas. You can do it right from home, on the internet, or with a phone call to your state officials. I know the nation becoming a team is a distant hope, but right here at home is where it starts. We may be working harder than other states have in the past. But here is now, and we should show the rest of them that we're willing to work for what they got relatively easily. Also think of others states on the map that might get there from our hard work and diligent efforts.
January 14th, 2011 08:07 PM
I believe that any citizen that qualifies to own a firearm, in the State of Arkansas, should have the right and choice to carry said firearm, concealed or openly; I carry concealed daily and would like to have the option of open carry if I so choose.
January 14th, 2011 08:49 PM
I say ...bring it on! And while we at it let's go Arizona on the Legislature and get the fact that you have to have a permit revoked!
hecks...the next step towards registration and confiscation.
AR. CHL Instr. 07/02 FFL
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January 14th, 2011 09:27 PM
I am all for it. I would very much prefer open carry vs. concealed. And, having the option to do either is rather attractive.
January 14th, 2011 10:15 PM
I'm in Tx,and sometimes I would like the option,so If i'm wearing a cover garment,I can take it off without breaking the law.Some day I really believe that most states will eventually allow carrying any way the person wants
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
January 15th, 2011 04:39 PM
I'm not sure I would open carry, but I would like to have the option. I too firmly believe that anyone who qualifies to own a firearm should be allowed to carry it, rifle or handgun. Even if I did carry openly I'd likely do it in a fairly discreet manner if allowed.
"There's no such thing as being too Southern." - Lewis Grizzard
A yawn is a silent scream for coffee...
January 15th, 2011 06:55 PM
Being allowed is what we're after. The choice is up to you how you do it. I'm just a firm believer that the choice should be there for anyone. Overall, I consider myself lucky to have had the privilege to carry openly in another state when my home state would not allow. Those whom seldom get far away from home should be able to experience the same in my opinion. Open carry actually comes closer to what the 2nd amendment is all about. It's due time America gets back to the basics. I truly think that Arkansas might very well be a door of opportunity opening for others. No reason to be selfish. Think about giving hope to others.
Originally Posted by LeftofMars
January 15th, 2011 07:00 PM
I have never OCed...but am glad I have the option...
Good luck, Arkansas...hope your lawmakers see the light...
"Let us speak courteously, deal fairly, and keep ourselves armed and ready."
January 15th, 2011 07:16 PM
Thank you. That means a lot!
Originally Posted by DaveJay
January 15th, 2011 09:33 PM
yeah man, I mean, it's good to be able to, but honestly, it's a pain.
You would think that your law makers would honor laws, but take Michigan for example.
Open carry is legal, we have state preemption. It means diddly squat.
Cities still make laws that go against preemption, police harrass open carriers, citizens call the police and MWAG open carriers.
As you know, cops will make up any charge they can to prove that they are right.
In theory, good luck AK, I hope you guys get what ya need, but in order for it to work, you need to have a state AG who will actually ENFORCE the law, and hold cops and politicians accountable for purposely making laws counter to your rights.
January 15th, 2011 09:56 PM
Well, AK. AZ. and AR get confused a lot. local ordinances and preemption are things we'll need to go through when the time comes. Don't expect much in the way of harassment from the local gendarmes here. I (we) truly appreciate your good wishes.
Originally Posted by slave
January 15th, 2011 10:56 PM
I'm in favor of having the choice. I would even like to try it myself. I'll be talking to my reps.
We will be much better off when we learn to deal with things as they really are, instead of how we wish them to be!
January 17th, 2011 01:18 PM
I've signed the petetion (did so several months ago)
I have concerns about Altes approach to this bill, specifically his statements that he believes that open carry is already legal under current law, specifically being on a journey. As I'm sure you're aware, with limited exceptions (being on a journey and having a CC permit being two of them) Arkansas law states:
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.
Based on researh several years ago, the courts in about 1905 or so defined a journey as a person traveling beyond his normal area of travel and in one decision set 15 miles as the limit. (I used that one to get a lady released without a charge by a pro-gun sergeant who wasn't aware of the ruling)
The problem that arises is that, even if an officer can't prove that the weapon was carried "with a purpose to employ it as a weapon against a person" they could resort to:
5-71-207. Disorderly conduct.
(a) A person commits the offense of disorderly conduct if, with the purpose to cause public inconvenience, annoyance, or alarm or recklessly creating a risk of public inconvenience, annoyance, or alarm.....
This statue does not specifically address carrying a weapon and I have not found case law on it regarding carrying a weapon. Disorderly Conduct tends to cover a fairly broad range of behaviors.
IMO Altes weakens his stance when he says "please pass this bill although the conduct is already legal". I believe that gives a way out for other legislators not to co-sponsor or vote the bill. Why not say "under present law Arkansas is one of the few states that prohibit the practice and it needs to change"?
I did not post the full text of the two referenced statutes, just to save space. The full text is available on-line.
January 17th, 2011 05:14 PM
Arkansas resident here. I really hope we can see this one though. I support it.
January 17th, 2011 05:35 PM
I just tried to sign the petition but it says it has been closed at the author's request. Sorry I missed this until now. I have however written the appropriate people in our state on two occasions in the past year expresses my support of open carry...along with other problematic issues in our state outside of gun laws.
As an Arkansas citizen (even though I missed the petition) I thank those of you that were willing and able to get it signed before it was closed. While I'm not sure i'd do a lot of open carrying, it would be nice to have the option.
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