Concealed Carry and Act 746 - Page 2


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  1. #21
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    And it starts again....


  2. #22
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    Quote Originally Posted by angus View Post
    I understand what the law says. I also understand what the head of the State Police says , supported actively by our governer and implicitly by our AG. Anyone who wants to test the law can, and then, "they will be promptly arrested by the State Police".

    And note the police will not be out any money, using our tax moneys to prosecute the unfortunate person in question. But whoever is arrested will be out both money and time unless they find a "Pro Bono" defense lawyer.And they may well be found guilty in that one might assume that the state will do all they can to take the case to a "friendly" (make that anti gun) judge.

    But that said, I do hope some brave soul is actually willing to test it on day one. I will be rooting for them!, and if nec., will gladly contribute a bit to their defense fund. The ONLY way this will be sorted out is in the courts, regardless of what we feel the law actually says. It might not be right...but its true.
    The state police will then face a variety of lawsuits and a well funded defense that will publicly humiliate their leadership........ IF any prosector is foolish enough to attempt to bring charges.


    There is nothing there to prosecute someone on unless you are hoping for a Arkansas judge to get radical and state the law implies carry is illegal......... three towns in the state MIGHT be that stupid.


    The state police, Gov, etc can say whatever they want.........however the language in the Act is rather clear when you get right down to it and they are clearly wrong.


  3. #23
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    Quote Originally Posted by Hill Farm Hunter View Post
    It does NOT mean open carry.
    The act neither specifically allows nor forbids open carry.

  4. #24
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    But it does specifically say when carrying a handgun is allowed.

  5. #25
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    Read the whole bill twice last night plus post on "arkansascarry.com" and this is just my opinion,
    but it seems to me one for the time being at least would still be better protected under the law
    by obtaining or keeping their concealed carry license

  6. #26
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    Concealed Carry and Act 746

    Quote Originally Posted by SUPERMAG View Post
    But it does specifically say when carrying a handgun is allowed.
    But it no longer forbids carry.....

    If we pass a law that says its ok to carry at the grocery store and at restaurants is it then illegal to carry at the gas station by default?

  7. #27
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    Powerquack, I agree with you about the letter of the law, but that said, I just feel that lawyers and judges can and do turn words and the laws written with words into absolute knots. Afterall, you and I know what the definition of "is", is, but lawyers including perhaps our most famous native son lawyer, once spent lots of time and millions of dollars arguing just that point.

    I am sure some "wham bam legal theorist" if it serves their point, can always find some type of strange nuance in even the most straight forward langauge.

    I for one do hope things work out on this new law as I am a 2nd Amenment absolutist. I just do not trust many lawyers and even fewer polticians. It has been my mantra that the Dems., steal my money out of my left pocket while the Reps., steal my money out of my right pocket.

  8. #28
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    Concealed Carry and Act 746

    Quote Originally Posted by angus View Post
    Powerquack, I agree with you about the letter of the law, but that said, I just feel that lawyers and judges can and do turn words and the laws written with words into absolute knots. Afterall, you and I know what the definition of "is", is, but lawyers including perhaps our most famous native son lawyer, once spent lots of time and millions of dollars arguing just that point.

    I am sure some "wham bam legal theorist" if it serves their point, can always find some type of strange nuance in even the most straight forward langauge.

    I for one do hope things work out on this new law as I am a 2nd Amenment absolutist. I just do not trust many lawyers and even fewer polticians. It has been my mantra that the Dems., steal my money out of my left pocket while the Reps., steal my money out of my right pocket.
    Case law will be established of course, but there simply isn't much to charge someone with for simple carry.

  9. #29
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    Quote Originally Posted by sricen View Post
    Spoke to my local Sheriff and he said you can open carry in the car, but when you get out at the gas station you better cover it up or put it up.
    It's already like that.

  10. #30
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    Quote Originally Posted by johnf View Post
    It's already like that.
    The fact that it decriminalizes carrying a weapon and the fact that it does not state that you cannot openly carry makes open carry de-facto legal. I've spoken to many Prosecutors who refuse to comment and every Sheriff Dept and Police Chief that actually replied back to me all said the same B.S. "You will be arrested." I even spoke with an attorney in Jonesboro who specializes in Gun Laws and said the Bill was plain as day and allowed Open Carry. This will have to run it's course through the courts and lawsuits filed before they get the hint that Stan Witt and Gov. Beebe are morons and to leave us law abiding citizens alone.

  11. #31
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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

  12. #32
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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.

  13. #33
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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.

  14. #34
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    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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