License required for concealed carry...

[NavyLCDR]

As long as I don't possess a handgun with "a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person", I can't find the Arkansas law that makes it illegal to conceal the handgun without a license. Can anyone cite the law that makes it illegal to conceal the handgun without a license? THANKS!

 

[mappow]

Can they actually read in AR?

 

[NavyLCDR]

Can they actually read in AR?

They apparently can't write.... at least not laws.

 

[mrjam2jab]

Maybe?

5-73-315. Possession of license -- Identification of licensee.

(a) Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun.

(b) The licensee shall:

(1) Carry the license, together with valid identification, at any time when the licensee is carrying a concealed handgun; and

(2) Display both the license and proper identification upon demand by a law enforcement officer.

 

[NavyLCDR]

Maybe?

5-73-315. Possession of license -- Identification of licensee.

(a) Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun.

(b) The licensee shall:

(1) Carry the license, together with valid identification, at any time when the licensee is carrying a concealed handgun; and

(2) Display both the license and proper identification upon demand by a law enforcement officer.

If I do not possess a valid license, how does that statute apply to me? The very first words of that statute are "(a) Any licensee possessing a valid license issued pursuant to this subchapter" If I am not a licensee possessing a valid license then how can that statute apply to me? There is no prohibition against carrying a concealed handgun without the license in that statute.

 

[walknotinfear]

Why don't you test it out. Conceal a handgun and walk up to an officer and ask him if it is ok that you carry a concealed firearm without a valid permit. I am sure you will get your answer.

 

[telpinaro]

Why don't you test it out. Conceal a handgun and walk up to an officer and ask him if it is ok that you carry a concealed firearm without a valid permit. I am sure you will get your answer.

Considering how well-versed some cops are in the particulars of the law... probably not!

 

[grizzerr]

You should have posted the whole statute.

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.

It's legal speak, but feel free to be a test case.

 

[CharlesMorrison]

You should have posted the whole statute.

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 .....blah blah

It's legal speak, but feel free to be a test case.

Won't be much longer before we ALL become "test cases".....


Sent from behind enemy lines.

 

[mrjam2jab]

You should have posted the whole statute.

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.

It's legal speak, but feel free to be a test case.

But now you need to post the whole statute:

(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.

Seems to me that a license is only required when in a motor vehicle.

 

[NavyLCDR]

But now you need to post the whole statute:



Seems to me that a license is only required when in a motor vehicle.

However, you posted the OLD statute. The new statute changes (c) to read: "It is permissible to carry a handgun under this section if at the time of the act of carrying a weapon:" then there were minor changes to the conditions that followed. This is important because the words "it is a defense to prosecution" implies that something is actually prohibited. The words "it is permissible" mean just that. However, not that it does NOT say "it is ONLY permissible". If I write a statement that says it is permissible to wear red socks with blue shoes - that is what it means. But that does not mean that it is prohibited to wear green socks with purple shoes. It only defines possibilities - not requirements. The words "it is permissible" do not imply that anything else is prohibited due to the absence of the word "ONLY".