imported post
Ram Rod wrote:
You guys let me know...qoute the text in existing Arkansas law, and I'll be the first to test it. Mind you...I've been way too deep into Arkansas laws and I find nothing. The state constitution as well. If I get real hard facts, I'll be one. I'm serious. From what I've seen, some of you don't even live in Arkansas.
Yes, I live in Texas but my parents and other family live in AR and I just got back from there after spending Christmas with them. I do not claim to be an expert on AR law and I'm not a lawyer, but since I'm there frequently I have tried to understand the state of the law regarding carrying.
Here's the law the prohibits carrying a handgun generally.
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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 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)(A)“Knife” means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing.
(B)“Knife” includes a dirk, sword or spear in a cane, razor, ice pick, throwing star, switchblade, and butterfly knife.
(c)It is a defense to a prosecution under this section that at the time of the act of carrying a weapon:
(1)The person is in his or her own dwelling, 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 a licensed 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 hunting game with a handgun;
(7)The person is a certified law enforcement officer; or
(8)The person is in a motor vehicle and the person has a license to carry a concealed weapon pursuant to § 5-73-301 et seq.
(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 not more than one (1) year, or both.
(2)Otherwise, carrying a weapon is a Class A misdemeanor.
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Here's why Arkansas law is so horrible:
1) "with a purpose to employ the handgun, knife, or club as a weapon against a person." What does this mean? Certainly one who must defend themselves does have the "purpose to employ the handgun ... as a weapon against a person" or does it mean you must have a CRIMINAL purpose?
2) "(8)The person is in a motor vehicle and the person has a license to carry a concealed weapon pursuant to § 5-73-301 et seq". What does "in a motor vehicle" mean? Your license isn't good if traveling on foot? It isn't good when you step out of your car and into a restaurant? Certainly that's not what the Legislature intended as demonstrated by the sections in the Concealed Handgun License section discussed below. This is what you get with sloppy lawmaking where there is a prohibition/restriction put into one section that isn't fully erased when an exemption is created in another (Texas is very bad about this too).
3) Notice the alcohol beverage part of (d)(1) doesn't distinguish between on premises vs. package stores. However, the Concealed Handgun License section (5-73-306) does:
"(12)Any portion of an establishment, except a restaurant as defined in § 3-9-402, licensed to dispense alcoholic beverages for consumption on the premises;
(13)Any portion of an establishment, except a restaurant as defined in § 3-9-402, where beer or light wine is consumed on the premises;"
4) Finally, regarding open carry, having a CHL seems to exempt you from the crime of carrying a weapon (at least while you are ina motor vehicle) but there is no crime for failing to conceal your weapon (unlike Texas).Nor is itlisted as a reason for revocation. Does this mean that, while violating the spirit of the CHL law, you would NOT be violating the letter? Such a technical argument might work in court but no police officer will debate it with you if you are arrested for open carry.