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Thread: Not understanding Act 749

  1. #1
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    Not understanding Act 749

    If I am not mistaken you can open carry in AR as long as you are not in your county of residence?

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    Quote Originally Posted by sdjames View Post
    If I am not mistaken you can open carry in AR as long as you are not in your county of residence?
    Leaving your county of residence automatically triggers the "journey" provision, which doesn't require any particular mode of carry.

    But, that's secondary to the real major change in the law, which is that the crime of "carrying a weapon" is now defined as carrying a handgun (or knife or club) with a purpose to attempt to unlawfully employ it as a weapon against another person.

    Since there is no longer a crime absent intent, there is no applicable law requiring how a weapon (handgun, knife, or club) must or may be carried.

    Caveat: the attorney general disagrees, as do the state police. Some sheriffs, police, and prosecutors do agree with the new law as I stated it.

    You can keep up with the county-by-county map here, as the attitudes of local authorities are discovered and publicized:

    http://arkansascarry.com/forum/502-c...map.html#20806

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    The new law may have somewhat cleared up the journey provision, but it's still not clear. Until someone with deep pockets is willing to test this new law in court, I would recommend that you not open carry at all unless you are ready to spend time in the pokey.

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    unclear?

    not trying to provoke an argument here, but I can't for the life of me understand how this can be unclear to anyone. In Arkansas law there is now no prohibition against carrying a weapon unless your intent is to commit a crime. There is nothing that makes it illegal to carry your handgun, open or concealed for self defense.
    I think people forget that laws are written to prohibit activity not to give us permission to do something (unless it is prohibited by another law). We don't need a law to "give us permission" to open carry....at this point there is no law against it.

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    Quote Originally Posted by endorphine44 View Post
    not trying to provoke an argument here, but I can't for the life of me understand how this can be unclear to anyone. In Arkansas law there is now no prohibition against carrying a weapon unless your intent is to commit a crime. There is nothing that makes it illegal to carry your handgun, open or concealed for self defense.
    I think people forget that laws are written to prohibit activity not to give us permission to do something (unless it is prohibited by another law). We don't need a law to "give us permission" to open carry....at this point there is no law against it.
    Exactly.

    There is no "gray area", and the only misunderstanding is by those who choose to misunderstand. To put it less politely, they don't like the law and they intend to ignore it.

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    The defined offense is clear enough correct? It's just the other stuff making it unclear? How's this... 5-73-119e, the first part, is a subsection of the offense of carrying onto certain prohibited places, such as school grounds, and is not in question as to the offense of carrying a weapon. The second section, 5-73-120 has a defined offense of carrying a weapon, and is the part we're looking at. Now, if you look at section 2c it says it is "permissible to carry a handgun under this section if at the time of the act of carrying a weapon:"

    Now before we go on read the last bit of that, "at the time of the act of carrying a weapon."

    This is why we're all looking at the definition of the act of carrying a weapon before anything else. The list of ten permissables are only relevant if someone commits the act of carrying a weapon first, which as of 08-16-2013, no longer includes carrying for self defense.

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    Quote Originally Posted by KBCraig View Post
    Exactly.

    There is no "gray area", and the only misunderstanding is by those who choose to misunderstand. To put it less politely, they don't like the law and they intend to ignore it.
    I agree - but to be clear, this specifically includes some law enforcement. In particular, the Harrison PD is on that list, as are some in NWA as I understand.

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    Regular Member Fallschirmjäger's Avatar
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    Slightly reformatted and added information
    SECTION 2 is where it gets interesting.

    SECTION 1. Arkansas Code § 5-73-119 - Handguns - Possession by minor or possession on school property, sub-paragraph (e), concerning defense to prosecution for possession of a handgun in certain places, is amended to read as follows:

    (e) It is a defense to prosecution underIt is permissible to carry a handgun under this section thatif at the time of the act of possessing a handgun or firearm:

    (1) The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning;

    (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 a licensedregistered commissioned security guard acting in the course and scope of his or her duties;

    (5) The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the 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 or firearm;

    (6) The person is a certified law enforcement officer;

    (7) The person is on a journey beyond the county in which the person lives, unless the person is eighteen (18) years of age or less.

    (8) The person is participating in a certified hunting safety course sponsored by the commission or a firearm safety course recognized and approved by the commission or by a state or national nonprofit organization qualified and experienced in firearm safety;

    (9) The person is participating in a school-approved educational course or sporting activity involving the use of firearms; or

    (10) The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis or is traveling to or from this activity a lawful marksmanship competition or practice or other lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis.

    SECTION 2. Arkansas Code § 5-73-120 - Carrying a weapon is amended to read as follows:
    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 attempt to unlawfully 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) "Journey" means travel beyond the county in which a person lives; and

    (3)(A)(4) “Knife” means any bladed hand instrument three inches (3") or longer that is capable of inflicting serious physical injury or death by cutting or stabbing, (B) “Knife” includes including a dirk, a sword or spear in a cane, a razor, an ice pick, a throwing star, a switchblade, and a butterfly knife.

    (c) It is a defense to a prosecutionpermissible to carry a handgun under this section that if at the time of the act of carrying a weapon:

    (1) The person is in his or her own dwelling or 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;

    (5) The person is alicensedregistered commissioned 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

    (7) The person is a certified law enforcement officer; or

    (8) The person is in a motor vehicle is in possession of a concealed handgun and the personhas a valid license to carry a concealed weapon pursuant tohandgun under § 5-73-301 - Definitions et seq., or recognized under § 5-73-321 - Recognition of other states' licenses and is not in a prohibited place as defined by § 5-73-306. Prohibited places; or

    (9) The person is in possession of a handgun and is a retired law enforcement officer with a valid concealed carry authorization issued under federal or state law.
    (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 12 not more than one (1) year, or both.

    (2) Otherwise, carryingCarrying a weapon is a Class A misdemeanor.
    Last edited by Fallschirmjäger; 07-25-2014 at 07:46 PM.

  9. #9
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    It's Act 746

    Quote Originally Posted by sdjames View Post
    If I am not mistaken you can open carry in AR as long as you are not in your county of residence?
    Just a miner correction but it's Act 746.

    Arkansas has come a long way.

    There have been a couple of arrest but no prosecutions under Act 746 for carrying a weapon. Many of the police departments don't want to be that test case. The two that tried have reduced the charges from carrying a weapon to something else and have had those thrown out of court.
    Don't confuse me with the facts, I have my emotions!

    I guess that's the difference between no crime and "stopping" a crime in progress. I prefer no crime.

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