Arkansas state representative says Act 746 decriminalizes open carry - Page 2
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Thread: Arkansas state representative says Act 746 decriminalizes open carry

  1. Quote Originally Posted by Firefighterchen View Post
    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.

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  3. #12
    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.

  4. #13
    Join Date
    Jul 2013
    Location
    Arkansas
    Posts
    10
    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. 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.

  6. #15
    Join Date
    Jul 2011
    Location
    Sepra Peratus/Arkansas
    Posts
    1,638
    Quote Originally Posted by Ghost1 View Post
    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.
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

  7. 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.
    I'm a firm believer in two term limits for all politicians; one in office, the other in prison.

  8. 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.

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