Mike
Site Co-Founder
imported post
http://www.thetraveleronline.com/media/storage/paper688/news/2009/03/27/News/Legislator.Presents.State.Bill.Allowing.Open.Carry.Of.Handguns-3685207.shtml
Media Credit: Craig Hacker - Wichita Eagle/MCT
A bill has been introduced in the Arkansas Legislature to legalize the open carry of handguns. Arkansas is currently one of six states in the nation that does not allow open carry.
With the controversial petition garnering 1,830 signatures, a bill has been filed in the Arkansas Legislature to legalize the open carry of handguns throughout the state.
House Bill 2184, introduced by Rep. Mark Martin of Prairie Grove, would allow a person to carry a handgun in plain sight on his or her person or in his or her vehicle for the purpose of self defense. The bill would make carrying a weapon an offense only if the person's purpose were to use it against another in situations not in self-defense.
Arkansas is one of few states that does not allow the open carry of handguns, Martin said. Arkansas, Texas, Oklahoma, Florida, South Carolina and New York are the only states that prohibit the open carry of firearms, though California and Illinois allow open carry in rural areas, according to OpenCarry.org.
Many Southern states prohibit the open carry of handguns because of laws passed after the Civil War that were meant to keep guns out of the hands of African Americans, Martin said. The Legal Center Against Gun Violence has found that 19 states, including Arkansas, have at least some restrictions on the open carrying of handguns, said Laura Cutilletta, staff attorney for the center.
"The Constitution states that we have the right to keep and bare arms," said Brian Martin, who began the petition for open carry in Arkansas. "Also, it is a crime deterrent."
The bill should get quite a bit of support in the Legislature, Mark Martin said. A poll taken last year found that about 60 percent of Arkansans would support the law, Brian Martin said. Those interested in Brian Martin's organization, Arkansas Open Carry, may visit its Web site at Arkansascarry.com.
Lindsley Smith, state representative from Fayetteville and UA professor, said she doesn't think the bill has much support in the Legislature. Smith, a member of the Judiciary Committee, will vote against the bill and said she thinks most members of the panel will, as well.
"I expect it will die in committee," Smith said.
When the bill was presented to the Judiciary Committee, the panel had concerns about liability, Smith said. If someone has a gun in a holster, then another person or a child could pull the gun out and start firing it, and the owner would be liable in such a situation, Smith said.
Also, the bill seemed to have no age limit, and some questioned that it would allow people to openly carry machine guns, she said. Smith in particular feared that the language of the bill would allow citizens to carry a handgun anywhere on their person, not just in a holster, she said.
Mark Martin has pulled the bill down to amend it by adding an age limit, he said. Under the new bill, open carry would be limited to those above the age of 21, Mark Martin said. The suggestion that the bill would allow the open carry of machine guns is "ridiculous," he said.
"That's been made illegal," he said.
The legislative session ends April 9, and the Judiciary Committee meets only Tuesdays and Thursdays, so time is running out for Mark Martin to present his bill, Smith said. Martin doubts he will file the bill in time, but he is optimistic that it will eventually become law, he said.
Smith doubts that possibility.
"I don't think Arkansans want this law," Smith said. "We have not seen much support for it."
Last fall, law enforcement officials expressed skepticism at the idea that openly carrying handguns would deter criminals. Though citizens have the right to defend themselves, having the proper training is more important than reaction time in dangerous situations, said Greg Tabor, Fayetteville police chief.
Also, visible handguns may lead to gunfire in road rage situations where otherwise only words would be exchanged, Tabor said.
"I don't think we need to go back to the old West where everyone has a gun at their side," Tabor said.
"Everyone is not going to be carrying like the old West," Mark Martin said. "It doesn't seem to be an issue in places like Vermont."
There are still restrictions on where Arkansans could take weapons, he said. There are 50,000 concealed gun licenses in the state, so people are already carrying guns, Brian Martin said.
"The guns are already here," he said. "Whether or not they are visible is not relevant."
http://www.thetraveleronline.com/media/storage/paper688/news/2009/03/27/News/Legislator.Presents.State.Bill.Allowing.Open.Carry.Of.Handguns-3685207.shtml
Media Credit: Craig Hacker - Wichita Eagle/MCT
A bill has been introduced in the Arkansas Legislature to legalize the open carry of handguns. Arkansas is currently one of six states in the nation that does not allow open carry.
With the controversial petition garnering 1,830 signatures, a bill has been filed in the Arkansas Legislature to legalize the open carry of handguns throughout the state.
House Bill 2184, introduced by Rep. Mark Martin of Prairie Grove, would allow a person to carry a handgun in plain sight on his or her person or in his or her vehicle for the purpose of self defense. The bill would make carrying a weapon an offense only if the person's purpose were to use it against another in situations not in self-defense.
Arkansas is one of few states that does not allow the open carry of handguns, Martin said. Arkansas, Texas, Oklahoma, Florida, South Carolina and New York are the only states that prohibit the open carry of firearms, though California and Illinois allow open carry in rural areas, according to OpenCarry.org.
Many Southern states prohibit the open carry of handguns because of laws passed after the Civil War that were meant to keep guns out of the hands of African Americans, Martin said. The Legal Center Against Gun Violence has found that 19 states, including Arkansas, have at least some restrictions on the open carrying of handguns, said Laura Cutilletta, staff attorney for the center.
"The Constitution states that we have the right to keep and bare arms," said Brian Martin, who began the petition for open carry in Arkansas. "Also, it is a crime deterrent."
The bill should get quite a bit of support in the Legislature, Mark Martin said. A poll taken last year found that about 60 percent of Arkansans would support the law, Brian Martin said. Those interested in Brian Martin's organization, Arkansas Open Carry, may visit its Web site at Arkansascarry.com.
Lindsley Smith, state representative from Fayetteville and UA professor, said she doesn't think the bill has much support in the Legislature. Smith, a member of the Judiciary Committee, will vote against the bill and said she thinks most members of the panel will, as well.
"I expect it will die in committee," Smith said.
When the bill was presented to the Judiciary Committee, the panel had concerns about liability, Smith said. If someone has a gun in a holster, then another person or a child could pull the gun out and start firing it, and the owner would be liable in such a situation, Smith said.
Also, the bill seemed to have no age limit, and some questioned that it would allow people to openly carry machine guns, she said. Smith in particular feared that the language of the bill would allow citizens to carry a handgun anywhere on their person, not just in a holster, she said.
Mark Martin has pulled the bill down to amend it by adding an age limit, he said. Under the new bill, open carry would be limited to those above the age of 21, Mark Martin said. The suggestion that the bill would allow the open carry of machine guns is "ridiculous," he said.
"That's been made illegal," he said.
The legislative session ends April 9, and the Judiciary Committee meets only Tuesdays and Thursdays, so time is running out for Mark Martin to present his bill, Smith said. Martin doubts he will file the bill in time, but he is optimistic that it will eventually become law, he said.
Smith doubts that possibility.
"I don't think Arkansans want this law," Smith said. "We have not seen much support for it."
Last fall, law enforcement officials expressed skepticism at the idea that openly carrying handguns would deter criminals. Though citizens have the right to defend themselves, having the proper training is more important than reaction time in dangerous situations, said Greg Tabor, Fayetteville police chief.
Also, visible handguns may lead to gunfire in road rage situations where otherwise only words would be exchanged, Tabor said.
"I don't think we need to go back to the old West where everyone has a gun at their side," Tabor said.
"Everyone is not going to be carrying like the old West," Mark Martin said. "It doesn't seem to be an issue in places like Vermont."
There are still restrictions on where Arkansans could take weapons, he said. There are 50,000 concealed gun licenses in the state, so people are already carrying guns, Brian Martin said.
"The guns are already here," he said. "Whether or not they are visible is not relevant."