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Thread: AR:Constitutional Carry will be the Law in Arkansas

  1. #1
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    AR:Constitutional Carry will be the Law in Arkansas

    On 4 April, 2013, Arkansas HB1700 became ACT 746. The revised law will not go into effect until late July or early August of this year.

    The bill makes a definition change in the statute that has been interpreted to limit the legal carrying of weapons in Arkansas.

    The original language was this:

    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.

    The new language is this. Bold added to make the change stand out:

    SECTION 2.

    5-73-120.

    Carrying a weapon.

    (a) Arkansas Code 5-73-120 is amended to read as follows: 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 <b>attempt to unlawfully</b> employ the handgun, knife, or club as a weapon against a person.

    This change clarifies the meaning of the law to what was likely the original intent; that a person may not carry a weapon with the intent of using it for unlawful purposes. There does not appear to be other Arkansas law that forbids the carrying of weapons (except in certain named locations). Therefore it appears that Arkansas will have Constitutional carry.

    The law also clarifies the meaning of "journey". The previous law made an exception for the carry of weapons during a journey. Journey is now clarified to mean travel that crosses a county boundary. Arkansas has many counties of roughly the same size , about 25 to 30 miles on a side. This means that a great deal of travel will fall into the legal category of a journey. In addition the law exempts carry on your own property or property that you have an interest in.

    The law is available in PDF format Here

    Map showing Arkansas Counties

    There may be legal challanges before the law is accepted by all legal entities in Arkansas.

    http://gunwatch.blogspot.com/2013/04...be-law-in.html
    Last edited by ccwinstructor; 04-24-2013 at 10:26 PM. Reason: bold changes

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    Campaign Veteran MAC702's Avatar
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    Did I miss it? The old text said the same thing, didn't it? Or did you typo it? I didn't see the changes in bold noted, either.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    The bold did not come through on the post. The change is the addition of these words

    Quote Originally Posted by MAC702 View Post
    Did I miss it? The old text said the same thing, didn't it? Or did you typo it? I didn't see the changes in bold noted, either.
    The change is the addition of the words "attempt to unlawfully" in the second version. I put html bold commands in the article, but they are not working. Y can see them as <b> and </b> in the article now.

  4. #4
    Campaign Veteran MAC702's Avatar
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    Yep, there it is! I missed it every time. My bad.

    I think the old version supports carry as well, so it will be interesting to see how well this clarification is equally ignored by the powers-that-be.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Regular Member stealthyeliminator's Avatar
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    I don't understand... Will I still be able to have a handgun in a vehicle while driving around in Arkansas, if I am NOT going to be crossing a county boundary? And why the hell would that matter anyway? Ugh... Stupid laws!!! Why?!?!?! It was better without that definition IMO. You could at least angle that you were on a journey any time you were in your vehicle traveling at all. Not anymore. But, if I could carry anyway, then, in what case does the journey rule even come into play? I guess I don't really know what "constitutional carry" means. I'm sure it's defined somewhere around here...

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    It seems the change made carry legal, period. It also left in the law exemptions

    Quote Originally Posted by stealthyeliminator View Post
    I don't understand... Will I still be able to have a handgun in a vehicle while driving around in Arkansas, if I am NOT going to be crossing a county boundary? And why the hell would that matter anyway? Ugh... Stupid laws!!! Why?!?!?! It was better without that definition IMO. You could at least angle that you were on a journey any time you were in your vehicle traveling at all. Not anymore. But, if I could carry anyway, then, in what case does the journey rule even come into play? I guess I don't really know what "constitutional carry" means. I'm sure it's defined somewhere around here...
    Constitutional carry means that you do not need a permit to carry a weapon either concealed of openly.

    It appears that they change in the law in Arkansas does that, as well as leave in the law exemptions that already existed. It appears that if you are carrying a weapon, and when asked, say that you are carrying it for legal purposes, you are alright. If you say that you intend to illegally shoot someone, you can be arrested.

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    Quote Originally Posted by ccwinstructor View Post
    The change is the addition of the words "attempt to unlawfully" in the second version. I put html bold commands in the article, but they are not working. Y can see them as <b> and </b> in the article now.
    HTML codes don't work on most forums. use brackets instead. Example: [ b ] Bold text here [ /b ]. (without the spaces)


    Also, good news for AR!! I'm in Missouri, so I might get down that way once in a while. Good to know.
    "Somebody ever tries to kill you, you try and kill em right back!" - Captain Malcolm Reynolds

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