Posted on 10/04/2013 4:26:04 AM PDT by marktwain
Misinformation about the interpretation and application of Arkansas’s new gun laws, specifically about reciprocity, was spread between the legal counsels for the Arkansas State Police and the Idaho State Police in mid-September.
What the issue boils down to is whether or not Arkansas will honor Idaho concealed “weapons” permits if said “weapon” is a handgun.
The snafu popped up in an official letter dated Sept. 17 written by Arkansas State Police Lt. Cora Gentry to the Idaho State Police:
It is our Department’s legal counsel’s opinion that the license issued by another state must specifically be a concealed “handgun” license to be honored and a concealed “weapons” license does not fit within the specific wording of the new law and would not be honored.
The correspondence was prompted following Arkansas passing Act 1089, which became effective Aug. 16, 2013.
Gentry declared that Idaho licenses were not recognized in Arkansas due to the fact that they are “weapons” licenses, not “handgun” licenses. However, the law does not specifically state that the license must be a “handgun” license, only a license to carry one.
“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,” the law states.
Even the Arkansas State Police website doesn’t separate the two types of licenses for recognition simply stating, “Effective Aug. 16, 2013, the State of Arkansas acknowledges all concealed handgun carry licenses lawfully issued by another state.”
Gentry’s letter ends by saying, “If you disagree with this interpretation or would like to seek further legal advice on Arkansas law, please feel free to contact Arkansas Attorney General Dustin McDaniel’s office.”
But on Sept. 26, Greg Downs, general counsel for the Arkansas State Police, wrote a follow-up letter that corrects Gentry’s response. In the follow-up letter, Downs states that Gentry was “mistaken,” citing an earlier internal communication in April concerning the new law in which Down’s wrote:
A valid CHCL [Concealed Handgun Carry License] from another state, regardless of the training standards or that whatever may differ or be less stringent, then you can carry in Arkansas. But you still have to follow Arkansas laws on concealed carry (locations, etc.).
Downs also points out the previously mentioned statement on the State Police website, in addition to making it precisely clear:
Accordingly, as applied to the question of Idaho’s concealed weapons licenses, they would simply be limited under Arkansas law to concealed handguns, and an Idaho license holder would similarly be subject to other restrictions under Arkansas law, such as prohibited locations.
The letter was also carbon copied to the Arkansas State Police Director Col. Stan Witt, who has not disagreed with the interpretation.
And, once again, the state of Arkansas will acknowledge all concealed carry licenses lawfully issued by another state. Just an FYI.
When an earlier thread on this came up I tried to find something out about this Gentry. They have her hidden pretty good. So my guess is she's a Democrat zealot.
Does anyone need more evidence that “shall not be infringed” means what it says and that gun law in and of itself is infringement. In plain words, unrestricted concealed or open carry would leave government to argue over other issues than the second amendment.
Thanks for posting. I occasionally visit Arkansas and the confusion had me confused and worried a bit.
I have a “Georgia Weapons Carry License”.
A handgun is a weapon, a weapon is not necessarily a handgun.
Thus, the differentiation is pointless, as “weapon” includes handguns and all other weapons without differentiation.
Logically, there would only be a problem if the law stated “concealed handgun” and the question was whether reciprocity included a concealed blackjack, knife, tomahawk, etc.
Wonder if my National Firearms Carry Permit, otherwise known as the 2nd amendment to the Constitution, is recognized? Anywhere? Oh well, think I’ll keep using it anyway.
Interesting on the wording..
My Virginia ‘permit’:
“Permit to carry a concealed handgun”(must be carried with proper photo ID).
HEY LIBS, that is definitely Racist now isn’t it?
Vermont AZ and AK for 3
Arkansas prevailed. The rogue who wrote the disinformation letter was discredited
This incident should not be reason for not going there
I am an AR resident and am still confused, along with many others I might add, about the wording of the new law. The concealed handgun part is not the problem. Whether one can carry open (So called Constitutional Carry) is a matter of interpretation. It essential says, in normal Arkansas speak, that a person can carry a handgun anytime as long as no criminal intent is involved. However, if you want to carry concealed you must have a permit. That sounds like open carry to me. I am still looking for a attorney’s interpretation of this new law. Any ideas out there in AR country?
I agree with your interpretation. I have not seen a test case yet, but some people have openly carried with police approval.
http://gunwatch.blogspot.com/2013/08/arsuccessful-legal-open-carry-march.html
Despite the fact that neither the Attorney General nor the director of the State Police can point to a defining statute, both of them categorically dismiss the right of Arkansans to openly carry a firearm. They are whistling past the graveyard.
I agree that the issue is confusing, but when it boils down to it, there is no legal prohibition on ANY type of LEGAL carry of a firearm, concealed or otherwise. Dustin McDaniel is having a conniption over it, but he has no statutory authority to support his position after the introduction of the new law (which the Governor claims that he didn’t “know” that it would be used for the purposes of supporting open carry..ha!)
Actually, the correct interpretation of 1089 seems to mean that Arkansas has constitutional carry.
http://gunwatch.blogspot.com/2013/04/arconstitutional-carry-will-be-law-in.html
If you are going to avoid states with rogue politicians, Louisiana would probably be near the top of the list, right after Illinois.
The list is 57 states long.
Does any State have/issue concealed knife permits?
Maine almost joined Arizona, Alaska and Vermont.
Earlier this year, the Maine legislature tried to repeal the need to have a permit to conceal/carry.
It failed by one vote; a Republican woman. Her reason; the current law requires a firearm training class to obtain a conceal/carry permit. If there was no need to obtain a permit, the requirement to attend a firearm training class would be eliminated.
The Maine legislature may try again in the next session.
“Does any State have/issue concealed knife permits?”
I do not know of any dedicated concealed knife permits, but many states’ concealed weapon permits include edged weapons.
Knives are arms protected by the second amendment.
http://gunwatch.blogspot.com/2013/07/txkniferights-issues-alert-about.html
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