Mike
Site Co-Founder
http://www.thv11.com/story/news/local/2015/06/06/asa-hutchinson-open-carry-debate/28631595
SNIP
LITTLE ROCK, Ark. (KTHV) – After much debate on whether the state should allow "open carry," Governor Asa Hutchinson is speaking out.
Hutchinson says Arkansas law does not prohibit openly carrying a handgun as long as the person with the gun doesn't intend to commit a crime.
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Commentary by Mike Stollenwerk, co-founder of OpenCarry.org:
The Arkansas Governor, Lieutenant Governor, and Attorney General are correct in stating that both open and concealed carry is generally legal in Arkansas, without the need for any license. A criminal statute must establish the elements of an offense; sometimes the statute sets forth defenses as well, and there are usually other defenses not specified in the statute but recognized as a matter of common law, decisional law, or constitutional law. Moreover, criminal statutes are interpreted under the rule of lenity, a judicial doctrine requiring that those ambiguities in a criminal statute relating to prohibition and penalties be resolved in favor of the defendant if it is not contrary to legislative intent. "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, since August 15th 2013, it has not been 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 Additionally, HB 1700 also repealed the ban on carrying weapons into establishments selling alcoholic beverages;" see article at http://www.examiner.com/article/arkansas-to-become-the-nation-s-45th-open-carry-state-on-august-15th
SNIP
LITTLE ROCK, Ark. (KTHV) – After much debate on whether the state should allow "open carry," Governor Asa Hutchinson is speaking out.
Hutchinson says Arkansas law does not prohibit openly carrying a handgun as long as the person with the gun doesn't intend to commit a crime.
- Break -
Commentary by Mike Stollenwerk, co-founder of OpenCarry.org:
The Arkansas Governor, Lieutenant Governor, and Attorney General are correct in stating that both open and concealed carry is generally legal in Arkansas, without the need for any license. A criminal statute must establish the elements of an offense; sometimes the statute sets forth defenses as well, and there are usually other defenses not specified in the statute but recognized as a matter of common law, decisional law, or constitutional law. Moreover, criminal statutes are interpreted under the rule of lenity, a judicial doctrine requiring that those ambiguities in a criminal statute relating to prohibition and penalties be resolved in favor of the defendant if it is not contrary to legislative intent. "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, since August 15th 2013, it has not been 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;" see article at http://www.examiner.com/article/arkansas-to-become-the-nation-s-45th-open-carry-state-on-august-15th
