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Thread: Open Carry Is Legal In Arkansas, Say Lieutenant Governor & Attorney General

  1. #1
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    Open Carry Is Legal In Arkansas, Say Lieutenant Governor & Attorney General

    http://5newsonline.com/2015/06/02/op...orney-general/

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    FAYETTEVILLE (KFSM) – Lt. Gov. Tim Griffin and Attorney General Leslie Rutledge say they believe current law in Arkansas allows people to carry handguns openly.

    Responding to a question from a pro-gun Facebook site, the Republican lieutenant governor recently reiterated a view he has previously expressed in saying he thinks open carry is legal. Griffin’s office confirmed that statement on Tuesday (June 2).

    - BREAK -

    Commentary by Mike Stollenwerk, co-founder, OpenCarry.org: "While I agree with Lt. Gov. Tim Griffin and Attorney General Leslie Rutledge in that the open carry of a properly holstered handgun is legal in Arkansas without the need for any permit, these gentlemen don't go far enough," said Mike Stollenwerk, co-founder of OpenCarry.org. Specifically, Stollenwerk states that "unlicensed concealed carry in Arkansas is also currently legal."

    "Effective August 15, 2013, when HB 1700 took effect, any arrest, charge, or conviction for violating Ark, Crim. Code § 5-73-120 can only lawfully arise if two elements of the offense are present. First, that a person was carrying one of the specified weapons. And second, that she was doing so “with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.” Notably, HB1700 removed all “defenses” from § 5-73-120. As the statute will no longer set forth any defenses to the crime of carrying a weapon, there can no implication that a reason or “defense” is required to carry a handgun in Arkansas. As a result, on August 15th it will no longer be a crime in Arkansas to generally possess a handgun, knife, or club on or about his or her person, either concealed, or openly. There will also be no reason to have a concealed weapons permit in Arkansas because § 5-73-120 no longer requires a concealed weapons permit nor any other excuse or justification to possess a handgun, knife, or club on or about his or her person, concealed or openly. Additionally, HB 1700 also repealed the ban on carrying weapons into establishments selling alcoholic beverages," wrote Stollenwerk in his Examiner.com article at http://www.examiner.com/article/arka...on-august-15th
    Last edited by Mike; 06-03-2015 at 05:39 AM.

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    Regular Member cjohnson44546's Avatar
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    Does this mean AR has constitutional carry starting in August? just mentioned there, and the way the law sounds… no one will need a permit anymore to carry at all in any manner, legally.
    Last edited by cjohnson44546; 06-03-2015 at 09:21 AM.

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    Quote Originally Posted by cjohnson44546 View Post
    Does this mean AR has constitutional carry starting in August? just mentioned there, and the way the law sounds… no one will need a permit anymore to carry at all in any manner, legally.
    The law took effect in August of **2014**

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    Regular Member Kopis's Avatar
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    Quote Originally Posted by Mike View Post
    The law took effect in August of **2014**
    ^ This. The AG and ASP have denied that law allows for OC but have not arrested anyone in groups but have targeted/pressured single OCers. I posted on my local town's FB page a copy of this article and asked if they were retraining their officers but they deleted my post.

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    Governor, Lt. Governor and Attorney General all agree that open carry is legal as long as there is no intent of criminal activity. Looks like the Arkansas State Police along with a lot of sheriffs and police chiefs may have to go suck rotten eggs.

    http://5newsonline.com/2015/06/06/go...st-open-carry/

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    Arkansas Act 746 took effect in 2013, not 2014. We have had lots of coverage in the last week in the news. Besides the governor, lt. governor and the attorney general, we have had many sheriffs publicly stating that their officers will not arrest of simply open carrying.

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