Arkansas state representative says Act 746 decriminalizes open carry

[gejoslin]

Gun rights advocates received a big boost yesterday when Arkansas State Representative Nate Bell, R-Mena, gave his opinion that Act 746 will decriminalize open carry on August 16th, 2013, the date it takes effect.

Representative Bell was one of many sponsors of HB1700, the enacting bill that passed April 4th, 2013. On a July 16th Facebook post, Bell declares it was the original intent of the sponsors to decriminalize open carry.

"It was the intent of the sponsors of Act 746 to decriminalize the open carry of a firearm by persons not prohibited from legally possessing the firearm. It’s my belief that the language contained in 5-73-120 (a) will effectively do so when the new law takes effect on August 16. ~ Nate Bell"

Link Removed

 

[Mrxd]

I am new to the this site so I hope this is not out of line But I am somewhat confussed. Seen this on local tv station.
I will try to link the page.

Benton County Sheriff Kelley Cradduck joins the chorus of law enforcement officials saying people in Arkansas cannot openly carry a handgun.

Swamped with calls, e-mails and Facebook feedback, the sheriff held a news conference Wednesday afternoon (July 10) to clear up confusion about whether a new law says Arkansans can openly pack heat.

Cradduck does not interpret the new law to mean people can openly carry handguns, but says but the interpretation might ultimately be up to a judge to decide.

“I absolutely believe someone will test it and get arrested for it,” he said.

Arkansas Attorney General Dustin McDaniel has issued an opinion saying Act 746, which was approved this year, does not give people the right to openly carry when they journey out of their home county – as some believe.

Carrying a concealed weapon with a permit is legal but the attorney general says open carry is still illegal.

“If you put the open carry laws with the journey statute all together, they are very different laws,” Cradduck said.

He doesn’t want people to think their gun rights are being taken away.

“I’m a very strong gun right proponent,” Cradduck said. “But the thing is, we are going to go by the attorney general’s opinion.”

Some in Benton County have mixed feelings and worry how the community will react if they see someone openly carrying a gun.

Cradduck says he just wants to clear things up for his county.

“As long as you’re 21, a citizen, not a felon, you can carry your gun in your car on a journey, outside your county but does not let you to carry it openly on a person,” he said.

A seven page letter explaining the details of the new law, Act 746, is available at the Benton County Sheriff’s Office
Sheriff: Law Doesn?t Allow Open-Carry | 5NEWSOnline.com

 

[gejoslin]

I am new to the this site so I hope this is not out of line But I am somewhat confussed. Seen this on local tv station.
I will try to link the page.

Benton County Sheriff Kelley Cradduck joins the chorus of law enforcement officials saying people in Arkansas cannot openly carry a handgun.

Swamped with calls, e-mails and Facebook feedback, the sheriff held a news conference Wednesday afternoon (July 10) to clear up confusion about whether a new law says Arkansans can openly pack heat.

Cradduck does not interpret the new law to mean people can openly carry handguns, but says but the interpretation might ultimately be up to a judge to decide.

“I absolutely believe someone will test it and get arrested for it,” he said.

Arkansas Attorney General Dustin McDaniel has issued an opinion saying Act 746, which was approved this year, does not give people the right to openly carry when they journey out of their home county – as some believe.

Carrying a concealed weapon with a permit is legal but the attorney general says open carry is still illegal.

“If you put the open carry laws with the journey statute all together, they are very different laws,” Cradduck said.

He doesn’t want people to think their gun rights are being taken away.

“I’m a very strong gun right proponent,” Cradduck said. “But the thing is, we are going to go by the attorney general’s opinion.”

Some in Benton County have mixed feelings and worry how the community will react if they see someone openly carrying a gun.

Cradduck says he just wants to clear things up for his county.

“As long as you’re 21, a citizen, not a felon, you can carry your gun in your car on a journey, outside your county but does not let you to carry it openly on a person,” he said.

A seven page letter explaining the details of the new law, Act 746, is available at the Benton County Sheriff’s Office
Sheriff: Law Doesn?t Allow Open-Carry | 5NEWSOnline.com

I'm sure this will be settled in court. This is AR AG's opinion, doesn't mean he's right. The court will decide if he is or isn't. I hope he's not.

 

[NWAHawg]

I believe that the opinion of the AG and the majority of law enforcement will indeed have a dramatic effect regardless of Mr. Bells opinion. An open carry bill was put forth during the legislative session and was handily defeated. Besides at best according to this bill the only time it would be in effect is outside your home county. Not sure about you but I'll continue to rely on my CHCL and carry whenever and wherever I choose, particularly in my home county where I spend the vast majority of my time.

 

[mclureb]

I'm sure this will be settled in court. This is AR AG's opinion, doesn't mean he's right. The court will decide if he is or isn't. I hope he's not.

Why in the world would the courts need to decide this? If legislation is so poorly drafted that no one knows what it means then how did the legislation pass? Proper legislation should say what it means and mean what it says, no guessing, no courts deciding. Just as ridiculous as Colorado's high capacity magazine ban, which required the state AG to write a technical document last week to explain how to "interpret" the dad gum law. Stupid!

 

[gejoslin]

Why in the world would the courts need to decide this? If legislation is so poorly drafted that no one knows what it means then how did the legislation pass? Proper legislation should say what it means and mean what it says, no guessing, no courts deciding. Just as ridiculous as Colorado's high capacity magazine ban, which required the state AG to write a technical document last week to explain how to "interpret" the dad gum law. Stupid!

Mostly because the people who make the laws are not lawyers. The courts have to figure out the wording so as to know what the law means .Not what they were trying to say but what it actually says.

 

[r1derbike]

I also believe as Sheriff Cradduck does, which is contrary to what many believe this law says. It's a stretch. It will take a poor soul's arrest and subsequent litigation to determine case law and precedent.

I'm sorry if my opinion "offends" anyone, but I don't see this act as open carry in Arkansas. I never have because of its wording. I will also CC, as always, and let the denizens of civil disobedience test the courts. I hope there is a defense fund for the poor guy, because law enforcement is stacked against him.

I'd like to see open carry in Arkansas, but a specific bill was defeated earlier that would have allowed it.

 

[gejoslin]

I'm hoping the NRA will get in and help push this act 746. Lawyers + $$ = OC in Arkansas

 

[jhicks]

I believe that the opinion of the AG and the majority of law enforcement will indeed have a dramatic effect regardless of Mr. Bells opinion. An open carry bill was put forth during the legislative session and was handily defeated. Besides at best according to this bill the only time it would be in effect is outside your home county. Not sure about you but I'll continue to rely on my CHCL and carry whenever and wherever I choose, particularly in my home county where I spend the vast majority of my time.

+1

 

[Firefighterchen]

Arkansas Attorney General Dustin McDaniel has issued an opinion saying Act 746, which was approved this year, does not give people the right to openly carry ...

...

He doesn’t want people to think their gun rights are being taken away.

AR is screwed with an AG who doesn't understand where Rights come from. These lines show the political leaders feel they are the almighty giver and taker of AR citizens rights...and how tricky they try to be. Let me get this straight...he isn't giving them the Right to open carry, but doesn't want them to think he is taking their Rights away?

 

[r1derbike]

AR is screwed with an AG who doesn't understand where Rights come from. These lines show the political leaders feel they are the almighty giver and taker of AR citizens rights...and how tricky they try to be. Let me get this straight...he isn't giving them the Right to open carry, but doesn't want them to think he is taking their Rights away?

Our AG McDork has been in a sex scandal, and he will be out this term. He is the anti who is trying to abolish the Clarksville, AR school district's legally acquired documents and training for armed security guards in their schools, consisting of trained staff, and teachers. He is trying to make a media circus of it. I think his last name was Obama before he changed it.

 

[Rickety]

It seems most of AR's gun laws used to be based on the general rule that guns are not legal, with some exceptions like a CHL. The prohibited places listed on the CHL law were places that the CHL does not provide an exception. Now, they are not illegal unless you intend to use it unlawfully. The prohibited places list looks like it loses its teeth because a CHL is not needed. The only prohibited places where it is still illegal to carry then would be those places listed in separate laws. Bella vista, Capitol building, and other places are listed in a separate law.

 

[Ghost1]

It's my understanding that the bill actually defined a journey, not open carry. Act 746 allows a person traveling out side of their county to carry a gun in the car with them. McDaniel doesn't make laws he just has to interpret the laws so laymen can understand what the state congress meant. That means he isn't taking away or giving any thing other than his opinion. The way I see it, if you want to carry, get your CHCL and be done with it. Open carry just means that you have to be even more careful about being aware of everything around you since the "bad guys" will know that you have a gun and exactly where it is. I like the bad guys to have to worry and wonder.

 

[smitty6398]

The Arkansas Legislature will be in regular session again on Jan.13, 2014. Since the State Attorney General (a Democrat and a probable candidate for Governor in 2014) has given an opinion that the 2013 law DOES NOT address the issue of "Open Carry"; I would expect to see a number of Bills regarding "Open Carry", specifically, presented for consideration. There are enough votes in the Legislature to over-ride a veto, although the current Governor has not shown negativity to previous legislation. We elect a NEW Governor in 2014. As registered Independent, I will tell you that (today) my choice for Governor is Asa Hutchinson. At this time, my choice for Senator is Mark Pryor; our current Senator. Both are definitely Pro-2nd Amendment; as is my current Congressman Steve Womack; who, I'm sure will win re-election to The House of Representatives.

 

[gejoslin]

It's my understanding that the bill actually defined a journey, not open carry. Act 746 allows a person traveling out side of their county to carry a gun in the car with them. McDaniel doesn't make laws he just has to interpret the laws so laymen can understand what the state congress meant. That means he isn't taking away or giving any thing other than his opinion. The way I see it, if you want to carry, get your CHCL and be done with it. Open carry just means that you have to be even more careful about being aware of everything around you since the "bad guys" will know that you have a gun and exactly where it is. I like the bad guys to have to worry and wonder.

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 attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.

Note that the law says WITH A PURPOSE TO UNLAWFULLY EMPLOY THE HANDGUN AGAINST A PERSON. So a person with no unlawful intent is not in violation of the law.
I believe this speaks for itself.

 

[r1derbike]

I wish we already had precedent and case law to seal the debate over OC. As written, Act 746 is interpreted yea or nay to OC, depending on where in the state you hang your hat. The convolution and interpretation by law enforcement is all over the map.

I'm for OC, but CC. I think the OC marches are a great thing to have media coverage; they get people aware of the movement . LE is informed of the marches, and they attend, but no arrests, which is good.

I'll be following continued legislation on this issue closely. Act 746, as written is sufficiently vague to LE, that nobody is on the same page. Consensus must be reached, through a rewrite of the present Act, or another Act specifically addressing OC.

I don't know of any arrests for OC, as the threat of arrest by LE here in Northwest Arkansas is enough to keep CC as the only option.

 

[smitty6398]

Our AG is going to be around for another year; at least, and will be the one to defend our States Laws and legal actions in Court, until he's gone. OR, he leaves of his own free will. He will probably be the decision-maker on any prosecutions by the State regarding any unlawful acts covered by the Act. I will agree that Act 746, as passed, is extremely ambiguous. Hopefully our Legislators can amend the Act to remove the ambiguities and produce a document that we can say centers the cross-hairs on the actual intent of the 2nd Amendment.