ACT 746 (formerly HB1700)...........
- Thread starter Darroch
- Start date
Darroch
New member
........... from The Arkansas Project website (TheArkansasProject.com)
The Greatest Untold Story of the 89th General Assembly
April 23, 2013Nic Horton
Act 746 makes two significant changes to gun laws in Arkansas. The first is perhaps the most significant. Under Arkansas law, Arkansans are allowed to carry a firearm unobstructed, without a license, while on a “journey.” Some gun advocates have long said that because of this law, open, unlicensed carry has always been legal in Arkansas. I know folks who have carried a firearm — concealed — without a license under this statute. Since a “journey” was never defined in the law, you could travel wherever you liked and if you were stopped by law enforcement, you could always say, “Well, I’m on a journey.” Other laws, such as the concealed carry statute, suggested that this interpretation of the journey law is incomplete at best. However, Act 746 puts that argument to rest by defining, for the first time, what a journey actually is. Under this act, the scope of a journey is defined as extending “beyond the county in which the person lives.” If you travel outside of your county of residence in Arkansas, you can now legally carry a firearm without a license. Needless to say, this is big news.
The second big change brought about by Act 746 is in regard to criminal intent. Under previous Arkansas law, prosecutors who wanted to prove criminal possession only had to meet a minimal requirement: they were only required to demonstrate that a person in possession of a gun intended to use it against a person. The revision in Act 746 requires that prosecutors demonstrate a gun owner intended to use their firearm against a person “unlawfully.” This clarification is important because it appears to give immunity to those who would use their firearm against a person in self-defense. Previously, this kind of gun possessor would remain vulnerable to prosecution under the law.
Nicholas Stehle of Arkansas Carry said his group was surprised by the bill:
We were caught by surprise with HB1700. We understand that it was fully vetted by the Arkansas State Police and the sheriffs and prosecutors in Arkansas. Though it doesn’t take effect until sometime in July, we believe it will have the practical effect of legalizing the carry of firearms for self-defense purposes in Arkansas.
The bill also contains a definition of the word “journey”, which is now defined as leaving your county. Therefore, a person would be able to carry under this law, in plain view or concealed, if they leave their home county.
The Greatest Untold Story of the 89th General Assembly
April 23, 2013Nic Horton
Act 746 makes two significant changes to gun laws in Arkansas. The first is perhaps the most significant. Under Arkansas law, Arkansans are allowed to carry a firearm unobstructed, without a license, while on a “journey.” Some gun advocates have long said that because of this law, open, unlicensed carry has always been legal in Arkansas. I know folks who have carried a firearm — concealed — without a license under this statute. Since a “journey” was never defined in the law, you could travel wherever you liked and if you were stopped by law enforcement, you could always say, “Well, I’m on a journey.” Other laws, such as the concealed carry statute, suggested that this interpretation of the journey law is incomplete at best. However, Act 746 puts that argument to rest by defining, for the first time, what a journey actually is. Under this act, the scope of a journey is defined as extending “beyond the county in which the person lives.” If you travel outside of your county of residence in Arkansas, you can now legally carry a firearm without a license. Needless to say, this is big news.
The second big change brought about by Act 746 is in regard to criminal intent. Under previous Arkansas law, prosecutors who wanted to prove criminal possession only had to meet a minimal requirement: they were only required to demonstrate that a person in possession of a gun intended to use it against a person. The revision in Act 746 requires that prosecutors demonstrate a gun owner intended to use their firearm against a person “unlawfully.” This clarification is important because it appears to give immunity to those who would use their firearm against a person in self-defense. Previously, this kind of gun possessor would remain vulnerable to prosecution under the law.
Nicholas Stehle of Arkansas Carry said his group was surprised by the bill:
We were caught by surprise with HB1700. We understand that it was fully vetted by the Arkansas State Police and the sheriffs and prosecutors in Arkansas. Though it doesn’t take effect until sometime in July, we believe it will have the practical effect of legalizing the carry of firearms for self-defense purposes in Arkansas.
The bill also contains a definition of the word “journey”, which is now defined as leaving your county. Therefore, a person would be able to carry under this law, in plain view or concealed, if they leave their home county.
Dravintoad
Anaxyrus Fayettevillus
I wanted to comment on this as it seems I talk to someone everyday about this. It goes something like this: "Arkansas is now an open carry state". I also believe there is an article on this site that claims the same thing. While the changes do make carrying guns/knifes/weapons a little bit easier, in no way does it say that we are an open carry or constitutional carry state. As a matter of fact, an open carry bill failed, and it was for rural areas.
I caution anyone from attempting to open carry, of course, the only way it will be tested and clarified will be when someone gets arrested for open carry and it goes to court. Then, they will spend money on lawyers and time in court/jail trying to plead their case. At that time, hopefully, the law will be clarified further. I think at this time its still a bit ambiguous and, left up to whatever LEO decides his interpretation is.
I, for one, am not even interested in open carry. Even if I was, I damned sure wouldn't be the first to try this out.
Just my two cents.
I caution anyone from attempting to open carry, of course, the only way it will be tested and clarified will be when someone gets arrested for open carry and it goes to court. Then, they will spend money on lawyers and time in court/jail trying to plead their case. At that time, hopefully, the law will be clarified further. I think at this time its still a bit ambiguous and, left up to whatever LEO decides his interpretation is.
I, for one, am not even interested in open carry. Even if I was, I damned sure wouldn't be the first to try this out.
Just my two cents.
packinprincess
New member
I dont really want to open carry either. Im glad they clarified a few things.
You still have to have your ccl to carry in you own town and with that you can cc anywhere else aswell. As long as not a gun free zone.
You still have to have your ccl to carry in you own town and with that you can cc anywhere else aswell. As long as not a gun free zone.
Dravintoad
Anaxyrus Fayettevillus
I've read the law several times, discussed it with others and am familiar with it. Who's parroting here?
Ghost1
Team 1
This law is a step in the right direction but it in no way implies legal open carry. Arkansas does allow a property owner to "open carry" while on their own land. You can also defend your property IF you are near the dwelling or nearby out buildings. That one is being tested in Sherwood at this time.
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