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Thread: What's the latest on OC?

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    Regular Member independence's Avatar
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    What's the latest on OC?

    I am considering traveling through Arkansas soon and may opt to OC a handgun while there. What's the latest on the various branches of the government disagreeing on OC, etc.? What are my chances of being arrested? Also, am I considered exempt from any supposed restrictions since I will be traveling?
    Open means open...

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by independence View Post
    I am considering traveling through Arkansas soon and may opt to OC a handgun while there. What's the latest on the various branches of the government disagreeing on OC, etc.? What are my chances of being arrested? Also, am I considered exempt from any supposed restrictions since I will be traveling?
    From Handgunlaw

    RKBA Organizations are stating that Arkansas is a Permitless Carry and an Open Carry
    State. Those in authority are stating that Arkansas is not a Permitless Carry or an Open Carry State.
    Until this issue is decided one way or the other Handgunlaw.us recommends you not Carry concealed
    without a valid permit/license or Open Carry even with a valid Permit/License. It will most likely take
    the courts to settle the issue!........From all I can find out Open Carry is not legal in Arkansas. Arkansas Law states; “License to Carry a
    Concealed Handgun.” Even with a license Open Carry seems to be a breach of the law. Arkansas Legislature in
    2011 & 2012 tried to pass an Open Carry law which failed.

    Perhaps someone from the state can shed more light as this was just a very quick search. As much as I hate to admit it, unless you are willing to fight in the courts yourself you may have to conceal as long as your permit is honored. If you do choose this option, you must inform law enforcement immediately on contact.
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    Quote Originally Posted by independence View Post
    I am considering traveling through Arkansas soon and may opt to OC a handgun while there. What's the latest on the various branches of the government disagreeing on OC, etc.? What are my chances of being arrested? Also, am I considered exempt from any supposed restrictions since I will be traveling?
    We have had several successful OC walks throughout the State but we still have LEO's throughout the State that will not recognize ACT 746 based on the bogus "Opinion" from our AG and will arrest you on the spot. As much as I hate to say it, keep it concealed.

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    Moderator / Administrator Grapeshot's Avatar
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    Arkansas is not a traditional open carry state. They issue a concealed carry permit, so it is our understanding at this time that open carry is not allowed even with a permit.
    http://www.opencarry.org/?page_id=196

    Last edited by Grapeshot; 09-02-2014 at 03:21 PM. Reason: Fixed
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    Quote Originally Posted by Grapeshot View Post
    Arkansas is not a traditional open carry state. They issue a concealed carry permit, so it is our understanding at this time that open carry is not allowed even with a permit.
    http://www.opencarry.org/?page_id=196

    "Our understanding"... our who? Mike Stollenwerk agrees that Act 746 of 2013 makes Arkansas an open carry state (constitutional carry, even, since the act decriminalized carry of a weapon absent intent to use it unlawfully against another person). That is exactly how Vermont's law reads, too. Alaska, Arizona, and Wyoming all issue concealed carry permits too, but that doesn't mean they don't allow open carry.

    The OCDO maps page even shows Arkansas to be Gold Star.

    http://www.opencarry.org/?page_id=103
    Last edited by KBCraig; 09-04-2014 at 04:13 PM.

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    Regular Member stealthyeliminator's Avatar
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    The law is written in fairly plain English. That some PAs role play that we live in a mythical time where the law is written in a cryptic language that only they possess the power to decipher doesn't change what it actually says on the piece of paper. That said, I think you'd just have to do a whole lot of research and talk to the locals of a particular area to know whether or not the local Leos would cause trouble.
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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Arkansas is not a traditional open carry state. They issue a concealed carry permit, so it is our understanding at this time that open carry is not allowed even with a permit.
    http://www.opencarry.org/?page_id=196

    Quote Originally Posted by KBCraig View Post
    "Our understanding"... our who? Mike Stollenwerk agrees that Act 746 of 2013 makes Arkansas an open carry state (constitutional carry, even, since the act decriminalized carry of a weapon absent intent to use it unlawfully against another person). That is exactly how Vermont's law reads, too. Alaska, Arizona, and Wyoming all issue concealed carry permits too, but that doesn't mean they don't allow open carry.

    The OCDO maps page even shows Arkansas to be Gold Star.

    http://www.opencarry.org/?page_id=103
    Actually thats a point. Wisconsin issues CC permits and yet it is very much understood that OC is legal without a permit. Unless there is something specific in AR statutes prohibiting it OC is legal. There is a term for that - legal unless specifically prohibited, but I forget the name for it.
    "Which part of shall not be infringed is so difficult to understand"?

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    Actually thats a point. Wisconsin issues CC permits and yet it is very much understood that OC is legal without a permit. Unless there is something specific in AR statutes prohibiting it OC is legal. There is a term for that - legal unless specifically prohibited, but I forget the name for it.
    I suspect that what you are looking for is "legal by default."
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    Quote Originally Posted by Grapeshot View Post
    I suspect that what you are looking for is "legal by default."
    That is exactly the case in Arkansas. Carry is legal by default, absent intent to use the weapon (knife, handgun, club) unlawfully as a weapon against another person.

    A.C.A. § 5-73-120
    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.

    Compare to Vermont's "constitutional carry", often touted as the high point:
    13 V.S.A. § 4003. Carrying dangerous weapons
    § 4003. Carrying dangerous weapons

    A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man, or who carries a dangerous or deadly weapon within any state institution or upon the grounds or lands owned or leased for the use of such institution, without the approval of the warden or superintendent of the institution, shall be imprisoned not more than two years or fined not more than $200.00, or both.
    The current Arkansas Attorney General, and a handful of police departments and prosecutors, still need to be convinced the law is what it says it is. But, it is.

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    Quote Originally Posted by sopranos27 View Post
    We have had several successful OC walks throughout the State but we still have LEO's throughout the State that will not recognize ACT 746 based on the bogus "Opinion" from our AG and will arrest you on the spot. As much as I hate to say it, keep it concealed.
    How many have been arrested? The first person arrested ought to fight it out unless someone can get standing in court to challenge.

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    Regular Member Kopis's Avatar
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    Quote Originally Posted by press1280 View Post
    How many have been arrested? The first person arrested ought to fight it out unless someone can get standing in court to challenge.
    THis guy is the first arrest that ive heard about. There have been scheduled OC walks in large groups but i dont think a lot of individuals are OCing. Just like MS, it will take a court ruling before the LEOs here comply.

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    Quote Originally Posted by Kopis View Post
    THis guy is the first arrest that ive heard about. There have been scheduled OC walks in large groups but i dont think a lot of individuals are OCing. Just like MS, it will take a court ruling before the LEOs here comply.


    Ok, I'm here to clear a few things up but I can not give to much info at this point. I have lead walks and rallies her in Arkansas. I have even been in the US Today just look up Brian Morrison. Baxter Bulletin and US Today. I have talked with may politicians so what I am telling you is not hearsay it's experience.

    Arkansas is a Constitutional carry state. Yes, there have been a few (3 I believe) arrests but not one has gone to court for whatever reason. We have had a number of Act 746 rallies and walks with no arrests, even on a court house lawn that under law is illegal unless given permission by County Judge and yeas we had permission from the County Judge and County Sheriff.

    There are a few LOE's (State Police) that do not like Act 746 because it takes money from them but as long as you aren't doing anything to draw attention to yourself you should be fine. With our newly elected AG and Governor we are in good hands.

    I open carry everyday and have talked with many LEO's, Police Chiefs, and even Prosecuting Attorneys. Know the law and be polite. If you need more info visit Patriots of Act 746 FB. Yes, I have had "man with weapon called on me;" it's all part of the growing process. I took the opportunity to educate and talk with the officer not lambaste him.

    I do not say all this to brag but to share facts and not what if's or emotions.

    Open Carrying is just as safe as any other state, you'll have some LEO's that will harass and others who will not. Stay safe and carry on.
    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.

  13. #13
    Regular Member independence's Avatar
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    Hmm. Still a little worried that if I OC while traveling through and stopping for gas, I may end up in the clinker. I OC every day here in TN and even in front of LEO. But the attitude of your police forces makes me concerned. I dont mind activism, but I am less likely to do activism that could put me in a jail cell if I am traveling. Don't really want my wife having to bail me out when we are supposed to be having a vacation, you know?
    Open means open...

  14. #14
    Regular Member Kopis's Avatar
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    Quote Originally Posted by independence View Post
    Hmm. Still a little worried that if I OC while traveling through and stopping for gas, I may end up in the clinker. I OC every day here in TN and even in front of LEO. But the attitude of your police forces makes me concerned. I dont mind activism, but I am less likely to do activism that could put me in a jail cell if I am traveling. Don't really want my wife having to bail me out when we are supposed to be having a vacation, you know?
    same for me. I live in the west memphis area and OC in memphis all the time but those LEOs on our side dont give a flip about any law as long as their boss is telling them to arrest OCers.

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    Don't if you don't feel comfertable

    If you don't feel comfortable then don't open carry. Arkansas is a constitutional carry state so no need for a permit even if you CC.

    I open carry almost everyday, some days I just sleep and work so can't.

    In about a month things should clear up as soon as we get a new Gov. and AG.

    Freedom and Choice that's what it's all about.
    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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