AR: 'Controversy' about Constitutional Carry Over

Gun Watch ^ | 24 February, 2015 | Dean Weingarten

[marktwain]

The questions about whether Arkansas is a constitutional carry state are over.  The result was never in any real doubt.  On April 4th, 2013, the Governor of Arkansas signed Act 746.  The law clarified a definition in Arkansas law, that had been abused over the years.  The change likely returned the law to its original meaning.  I wrote about it on 25 April. I wrote:

This change clarifies the meaning of the law to what was likely the original intent; that a person may not carry a weapon with the intent of using it for unlawful purposes. There does not appear to be other Arkansas law that forbids the carrying of weapons (except in certain named locations). Therefore it appears that Arkansas will have Constitutional carry. 

 The Democrat Arkansas Attorney General issued an opinion that muddied the waters.   A good dissection of it is here:

When issuing opinions on gun control laws, AG McDaniel will always react consistently; if the question can be used to smother out gun rights, he will do his best to do so. If McDaniel cannot restrict gun rights with an opinion, he will either refuse to give an answer or will muddy up the opinion so as to leave many more questions unanswered, as he did Monday. For decades, gun owners and law enforcement officers in Arkansas have been very confused as to how to interpret and follow the state’s gun control laws, and Dustin McDaniel uses his anti-self defense tactics to keep citizens confused and to restrict the exercising of their rights

But AG McDaniel's tactic did not work.  Second Amendment activists in Arkansas started openly carrying in public marches, challenging officials to arrest them under the weapons law.  I have watched this issue for nearly two years.  I cannot recall any arrests.  Every prosecutor who said otherwise has backed down.  The open carriers triumphed, even in the face of direct opposition by a city council in Eureka Springs.  Even the Arkansas Law Notes grudgingly admitted that the law meant what it plainly said:

As noted above, John Threet, the Washington County Prosecutor, has directed the Sheriff not to arrest those carrying handguns, even without a permit, unless other circumstances suggest the person intends to use the gun to commit a crime such as robbery. Threet also reports that at the last meeting of prosecutors from all 28 judicial districts in Arkansas, only 2 were instructing police or sheriffs to arrest—though he emphasized this was not a formal vote but merely his sense of the room.

Second amendment supporters continued with their open carry walks, which were effectively educating the public about the law.  Then, AG McDaniels was term limited out.   The Republican candidate, Leslie Rutledge, won the 2014 election, and is now the AG in Arkansas.   A member of Arkansascarry.com,  Paul Calvert, paid for the billboard shown in the above photograph.  KTHV, a Gannet company, took the bait.  They asked the new AG for her opinion.  From thv11.com:

In 2013, former attorney general Dustin McDaniel issued an opinion saying he did not consider Arkansas an open carry state under act 746. We asked new attorney general Leslie Rutledge about her interpretation of the law. "I interpret it to mean an individual may carry so long as he or she does so without the intent to unlawfully employ it against another person," she said. "But anytime law enforcement and citizens disagree on a law we need to ensure there is clarity to protect our citizens."

The debate is over.  There is no longer any doubt that Arkansas is a constitutional carry state, as I wrote back in 2013.  It took a lot of work by a lot of dedicated open carriers to force the media into acknowledging the law.   They did the job, and the rest, as they say, is history.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

The open carriers carried the day in Arkansas.

[Ruy Dias de Bivar]

WELL IT’S ABOUT TIME!

[Yo-Yo]

Sorry to disagree with the original article, but to me “Constitutional Carry” describes concealed carry without a permit, not open carry.

[Jack Hydrazine]

[NFHale]

We win another one.

[Redbob]

Nice graphic.

[marktwain]

You do not need a permit to carry concealed in Arkansas any more.

[Yo-Yo]

From www.handgunlaw.us:

Note: RKBA Organizations are stating that Arkansas is a Permitless Carry and an Open Carry State. Those in authority are stating that Arkansas is not a Permitless Carry or an Open Carry State. Until this issue is decided one way or the other Handgunlaw.us recommends you not Carry concealed without a valid permit/license or Open Carry even with a valid Permit/License. It will most likely take the courts to settle the issue!

You go ahead, but I don't want to be the test case, thank you very much.

[marktwain]

It is a prudent position to take. Being a test case is perilous.

But I thing handgunlaw.us information is a bit dated. “Those in authority” probably refers to Attorney General McDaniels, as stated in the article.

It is hard to get a court case when none of the prosecutors or police are willing to arrest anyone, because they do not want to be the test case, either.

A case is in progress at present, involving Derrick Brown. He is represented by attorney Jeff Wankum. I am trying to determine what the present situation in the case is. He was arrested in October of 2014.

[wita]

Amen and Amen. True Constitutional carry is only allowed in four states count em four that’s 4 and just 46 short of what the founding fathers desired.