Arkansas state representative says Act 746 decriminalizes open carry
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Thread: Arkansas state representative says Act 746 decriminalizes open carry

  1. #1
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    Smile Arkansas state representative says Act 746 decriminalizes open carry

    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"

    Read more.
    Last edited by lukem; 07-18-2013 at 12:44 PM.
    ~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~

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  3. #2
    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

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    Quote Originally Posted by Mrxd View Post
    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.
    ~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~

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    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.

  6. Quote Originally Posted by gejoslin View Post
    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!

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    Quote Originally Posted by mclureb View Post
    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.
    ~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~

  8. 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.

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

  10. Quote Originally Posted by NWAHawg View Post
    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

  11. #10
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    Quote Originally Posted by Mrxd View Post
    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?
    “One of the illusions of life is that the present hour is not the critical, decisive one.” – Ralph Waldo Emerson

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