What is going on with open carry in Arkansas?

This is a discussion on What is going on with open carry in Arkansas? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So I have heard several people say that Arkansas will become an open carry state on August 16th. I do know that the open carry ...

Page 1 of 7 12345 ... LastLast
Results 1 to 15 of 93
Like Tree100Likes

Thread: What is going on with open carry in Arkansas?

  1. #1
    Member Array jhogan2424's Avatar
    Join Date
    Jan 2013
    Location
    Arkansas
    Posts
    177

    What is going on with open carry in Arkansas?

    So I have heard several people say that Arkansas will become an open carry state on August 16th. I do know that the open carry bill was shot down earlier this year but some are saying that there was another bill that passed. I can not find any information online. Does anyone have any concrete info on what is happening with open carry in Arkansas?

  2. Remove Ads

  3. #2
    Member Array Old Sarge's Avatar
    Join Date
    Jan 2006
    Location
    Paradise
    Posts
    474
    I too have been wondering. I've seen this mentioned a couple of times, but no mention from our local legistlators.

  4. #3
    Member Array wishyouwell's Avatar
    Join Date
    Dec 2012
    Location
    IWB
    Posts
    472
    I don't think anyone knows what's going on at this point. Arkansas Carry is pretty much saying it will be open come Aug 15th. If you look on Open Carry.org they've got an article announcing AR becoming an open carry state on this date.

    Check out this article: Arkansas to become the nation?s 45th open carry state on August 15th - Washington DC gun rights | Examiner.com

    (Pay close attention to some of the top comments)

    It states that not only will it become open... But that concealed will be legal without a permit, too.

    I think we've got a bit of misinterpretation and certain groups touting stuff that will likely get people in hot water and i forsee some court cases and bunch of problems if some legislators, etc don't make efforts to get down to what this HB 1700 really, truly means for us.

    I mean, i can see how they're interpreting this as a sort of universal "constitutional carry" and i hope it all works out that easily... But were talking about a state that took forever to come out and define what "a journey" actually means to qualify you to carry a handgun unlicensed in your car.

    Now the journey clause seems to be ironed out as being outside of your county of residence but makes no mention of where exactly that ends. It doesn't specify that you even have to leave your gun in the car while on that journey, or carry it concealed for that matter or better yet even need a license to conceal it all anymore... Confusing.

    I think i'll still just be CCing with license until the dust settles on this one lol

  5. #4
    .40
    .40 is offline
    Member Array .40's Avatar
    Join Date
    Apr 2013
    Location
    Cedar City
    Posts
    186
    They tried to pass concealed carry here in Utah without a permit. It passed both houses but the governor vetoed it. Gotta say, I really can't argue with him. There really needs to be some standard.
    84160 likes this.

  6. #5
    Member Array tele_pathic's Avatar
    Join Date
    Feb 2013
    Location
    southern Utah
    Posts
    314
    Quote Originally Posted by .40 View Post
    They tried to pass concealed carry here in Utah without a permit. It passed both houses but the governor vetoed it. Gotta say, I really can't argue with him. There really needs to be some standard.
    Yeah, I didn't really understand the impetus behind this, esp. given the revenue stream it produces. I mean, I understand the sentiment behind the bill (the constitutionality of conceal carry and defending one's self), but I didn't understand the money aspect. But it's not Nevada, which now no longer accepts UT's cfp and now requires a shooting qualification. The four-hour course is something, more than nothing.

    BTW, .40, I'm just a bit south of you.

  7. #6
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,627
    I've read the ACT and I don't see it happening. Having talked to a few dozen CHL Instructors as well as various Prosecutors and a Judge, it appears to me that some things are being misinterpreted.

    Yes, they did define what a "journey" means once and for all. It means that if you leave the county of your residence, you can legally carry a weapon.
    It does not say whether it needs to be carried concealed or if you can carry it openly.

    I personally think that using this law to carry openly is a stretch of the imagination. In a conversation with out country Prosecutor about it, he seems to think that it makes more questions than it answers and that someone will have to be a test case to see how it works out. He does not see that it allows "open carry" anywhere and that the groups that are saying it does are interpreting the matter in a way that was not meant to be.

    I think that some people are going to get caught in a bind with this one as how the bill is interpreted depends on your view of the world and what you want it to say.

    It has some typical lawyer jargon in it that not even some lawyers fully understand what it means.

    As such, I am not ready to openly carry my stuff based on that bill.
    wdbailey and NONAME762 like this.
    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 Qtip's Avatar
    Join Date
    Dec 2011
    Location
    Mississippi/Tennessee
    Posts
    212
    If that is the only statute regarding handgun carry for AR, it seems obvious that AR will be a constitutional carry state. However, I do not know if other statues on handgun carry exist or not. I do know that the law does not have to "allow" open carry specifically, but merely not prohibit it.

  9. #8
    Member Array jhogan2424's Avatar
    Join Date
    Jan 2013
    Location
    Arkansas
    Posts
    177
    Thanks for the comments and opinions. I don't have a huge desire to open carry but if it were allowed I probably would in a handfull of situations. Also it would ease my paranoia about printing and accidental exposure when concealed carrying.
    BWM243 likes this.

  10. #9
    Member Array Old Sarge's Avatar
    Join Date
    Jan 2006
    Location
    Paradise
    Posts
    474
    I queried my local legislature, and he said it is NOT TRUE about August 16th. He said they did go back and have re-defined the wording. In that you can open carry while on a journey, whatever that means.

  11. #10
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,627
    In that you can open carry while on a journey, whatever that means
    The journey has been defined as anytime you leave the county in which you live.

    So I live in Russellville, meaning that anytime I go out of Pope County I can openly carry. Like in Little Rock. Where the deer and the gang bangers play...


    Yeah...we'll see how that works out.

    NONAME762 likes this.
    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/

  12. #11
    Senior Member Array Tala's Avatar
    Join Date
    Jun 2010
    Location
    Benton, AR
    Posts
    716
    My parents live a stone's throw from the county line. Guess we used to go on a LOT of journeys and we just never knew it!
    NONAME762 likes this.
    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"

  13. #12
    Member Array Old Sarge's Avatar
    Join Date
    Jan 2006
    Location
    Paradise
    Posts
    474
    Here is his direct quote: "We did not pass an open carry law this year, but we did attempt to define "journey". Because it got this attention, many think we did pass an a new open carry law", unquote.

    Personally, I am not in favor of open carry. But then that's just my opinion, and everyone has one, good or bad.

  14. #13
    VIP Member Array Eagleks's Avatar
    Join Date
    May 2008
    Location
    Kansas
    Posts
    7,411
    I hope eventually they pass open carry. I grew up when it was legal everywhere... at least that I knew of, and there were never issues about it. The only questions anyone might ask is , if they saw someone carrying a new gun.... and they'ld want to know what they got.
    I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
    Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."

  15. #14
    Member Array Lastmohecken's Avatar
    Join Date
    May 2013
    Location
    Arkansas
    Posts
    22
    I was born and raised in Arkansas, and still live here. It looks like they have defined a journey. Which was vague before, with many saying it was over fifty miles, and some used to say it was outside your sphere of influence. Outside your own county defines it I recon, but it's a stupid revision beyond that. I mean heck, If I travel to the other side of my home county, it's a pretty scary country and definitely out of my sphere of influence. Or what if you live on one side of Little Rock and need to go somewhere else in Little Rock?

    Why can't lawmakers just make a plain law, in plain language, that cannot be misunderstood?

    At any rate, the pro open carry people are saying that anything not forbidden is not against the law in this bill. So, since neither open or concealed carry is specified or forbidden in this law, and as long as the weapon is not being carried for an unlawful purpose, as to unlawfully shoot someone or rob a store, shoot road signs, or deer out of season, etc then it must be legal to carry, with the exception of you have to be on a trip leaving your home county. However, our Democrat Gov is against open carry, but signed this bill, which makes me think it was not meant to be open carry, or he wouldn't have signed it, unless he didn't understand it. Either that or he signed it anyway, so he wouldn't be the odd man out.

    I think the law does put the burden of proof on the state to prove the gun was carried unlawfully, but unfortunately I believe the law is just vague enough to cause a lot of problems until it is completely defined and it probably never will be unless a judge rules on it.
    NONAME762 likes this.

  16. #15
    Member Array chief8991's Avatar
    Join Date
    Jun 2013
    Location
    Hillbilly Land, South
    Posts
    179
    The only definitive answers I've gotten to questions about this bill, are that people are going to be arrested, charged with crimes, and go to court, before we have answers. I am not a lawyer, but I think the only change that took place through this whole bill is that someone without a CHCL can have a gun in their vehicle (Don't know about the open or concealed argument), and be in the legal clear IF they are leaving/left their county. And that now, the burden of proof of self defense is now on the prosecutor, not the "defender". Again, I'm not a lawyer.

Page 1 of 7 12345 ... LastLast

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

ar open carry law
,

arkansas open carry

,
arkansas open carry 2013
,
arkansas open carry bill
,
arkansas open carry bill 2013
,
arkansas open carry law
,
arkansas open carry law 2013
,
arkansas open carry laws
,
did arkansas pass open carry law
,

open carry arkansas

,
open carry in arkansas
,
open carry in arkansas 2013
Click on a term to search for related topics.