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Concealed Carry and Act 746 - Page 2


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  1. #31
    Join Date
    Oct 2012
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    Crossett
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    YES, you will still need a concealed carry permit. Below is a bit of info that was put out by the Arkansas State Police in regards to this question:
    Act 746 of 2013 – Moves defenses to certain “carrying of weapon” law to exceptions in ACA §5-73-120. This Act defines “journey” to be travel beyond the county in which the person lives. This Act defines “knife” as three inches or longer. This Act allows CHCL holders to possess a concealed handgun if they have a valid license and are not in a prohibited place. This Act becomes effective on approximately August 16, 2013.

    With the law change under this Act, do I really need a CHCL? If you are always “at home” or on a “journey outside the county in which you reside” (which is a question of fact determined at the time of contact with law enforcement) and never travel outside of Arkansas, then you are correct, a person may not need a CHCL. However, if you travel inside the county or to another state and you want to carry a handgun, you will need a concealed handgun carry license.

    Does this Act allow “open carry” of a handgun? If the previous “carrying a weapon” law did not allow “open carry” of a handgun, then there are no changes in the law that would allow open carry. This law changes what the title states, made “technical corrections”; such as moving the items (such as journey and having a CHCL) from defenses to exceptions. NOTE: in our opinion, “journey” does not mean you can open carry when you are in another county. That means your may possess a firearm in yourvehicle (or other mode of transportation) beyond your county listed as your residence on your driver’ license. But once you arrive at your destination (end of your journey), the only way you can carry a handgun legally is concealed with a valid CHCL.

    *The only “open carry” bill this session was the “open carry with a license” bill by Rep Sue Scott (HB 1408) and that bill failed in House Judiciary Committee.

    Act 1089 of 2013 – Changes the CHCL reciprocity law to “A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter”. This Act deletes the provision that gives ASP the authority to determine reciprocity with other states. Under this Act ASP is no longer required or authorized to create or issue a list of reciprocal states. Arkansas CHCL holders traveling to another state with their handgun will need to check with that state to see if that state will honor their Arkansas concealed handgun carry license. Under this Act “transfer” applications will be accepted from any state that issues a CHCL. This Act becomes effective on approximately August 16, 2013


  2. #32
    Join Date
    Nov 2003
    Location
    Zone 12, 16, or the Scatters
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    Concealed Carry and Act 746

    Quote Originally Posted by bent nail View Post
    YES, you will still need a concealed carry permit. Below is a bit of info that was put out by the Arkansas State Police in regards to this question:
    Act 746 of 2013 – Moves defenses to certain “carrying of weapon” law to exceptions in ACA §5-73-120. This Act defines “journey” to be travel beyond the county in which the person lives. This Act defines “knife” as three inches or longer. This Act allows CHCL holders to possess a concealed handgun if they have a valid license and are not in a prohibited place. This Act becomes effective on approximately August 16, 2013.

    With the law change under this Act, do I really need a CHCL? If you are always “at home” or on a “journey outside the county in which you reside” (which is a question of fact determined at the time of contact with law enforcement) and never travel outside of Arkansas, then you are correct, a person may not need a CHCL. However, if you travel inside the county or to another state and you want to carry a handgun, you will need a concealed handgun carry license.

    Does this Act allow “open carry” of a handgun? If the previous “carrying a weapon” law did not allow “open carry” of a handgun, then there are no changes in the law that would allow open carry. This law changes what the title states, made “technical corrections”; such as moving the items (such as journey and having a CHCL) from defenses to exceptions. NOTE: in our opinion, “journey” does not mean you can open carry when you are in another county. That means your may possess a firearm in yourvehicle (or other mode of transportation) beyond your county listed as your residence on your driver’ license. But once you arrive at your destination (end of your journey), the only way you can carry a handgun legally is concealed with a valid CHCL.

    *The only “open carry” bill this session was the “open carry with a license” bill by Rep Sue Scott (HB 1408) and that bill failed in House Judiciary Committee.

    Act 1089 of 2013 – Changes the CHCL reciprocity law to “A person in possession of a valid license to carry a concealed handgun issued to the person by another state is entitled to the privileges and subject to the restrictions prescribed by this subchapter”. This Act deletes the provision that gives ASP the authority to determine reciprocity with other states. Under this Act ASP is no longer required or authorized to create or issue a list of reciprocal states. Arkansas CHCL holders traveling to another state with their handgun will need to check with that state to see if that state will honor their Arkansas concealed handgun carry license. Under this Act “transfer” applications will be accepted from any state that issues a CHCL. This Act becomes effective on approximately August 16, 2013
    State police obviously struggle with the reading too.


  3. #33
    Join Date
    Aug 2011
    Location
    Arkansas Delta - God's Country
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    Quote Originally Posted by bmccullough1 View Post
    Your CCL is still valid and you need it for when you travel out of state to a state with reciprosity and when you are not leaving the county you live in.

    BM1
    This is one of the most important parts of this discussion. Everyone still needs to keep their CCL. Proper training and knowledge of the laws will keep most us with good intentions out of trouble. Things are gonna get real crazy out there when everybody thinks its okay to just pack some heat every where they go just because they think they can now.

  4. #34
    Join Date
    Dec 2012
    Location
    Poinsett county
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    9

    Concealed Carry and Act 746

    Intention doesn't mean jack. I'm no attorney but the way I read it and it was explained to me is that it was generally written to protect a concealed carry license holder from being charged with carrying illegally if his concealed firearm was accidentally displayed. It does appear to give a right to carry open but I wouldn't want to test it out. Also anyone wishing to carry concealed still needs a chl.

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