Arkansas AG Says OC Is Legal In State

[mrjarrell]

Good for the people of Arkansas! They can now OC and, apparently do so without a license.

https://www.facebook.com/AGLeslieRutledge/posts/1615887405347226

Posted below is her entire take on it (as well as a link to the full opinion). This is a public press release, so is not copyrighted, mods.

I have released my official opinion on Act 746 of 2013. Act 746 has created some confusion among both the people of Arkansas and law enforcement in Arkansas. Ultimately, the confusion created would be best alleviated by additional legislative action to clarify what Act 746 was trying to accomplish. Nonetheless, my opinion is intended to provide as much clarity as possible to both law enforcement and ordinary citizens by explaining how I believe Act 746 currently bears on the ability of Arkansans to legally possess handguns on their persons and in their vehicles. While I do not encourage “open carry,” it is my opinion that if a person does not have the intent to “attempt to unlawfully employ a handgun…as a weapon against [another],” he or she may “possess a handgun…on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use” without violating § 5-73-120(a) as amended by Act 746. That means in general merely possessing a handgun on your person or in your vehicle does not violate § 5-73-120(a) and may be done if it does not violate other laws or regulations. However, there are four critical caveats to my opinion:
First, any person who carries a handgun should be aware that a law enforcement officer might lawfully inquire into that person’s purpose. Determining culpability or potential culpability under § 5-73-120(a) is initially a matter for law enforcement following guidelines that routinely apply when investigating a misdemeanor involving the danger of forcible injury to persons. A law enforcement officer may stop and detain any person reasonably suspected of violating § 5-73-120(a) if necessary to identify the person or determine the lawfulness of his or her conduct.
Whether an officer has reasonable suspicion will depend upon a number of circumstance-specific factors. Some of these factors are recounted in Ark. Code Ann. § 16-81-203 (Repl. 2005), including: (1) the demeanor of the suspect; (2) the gait and manner of the suspect; (3) any information received from third persons; and (4) the suspect’s proximity to known criminal conduct.
Second, other statutes prohibit possession of a handgun in certain circumstances regardless of whether a person has the intent to use a handgun unlawfully. Those statutes still have full force and effect. For example, Ark. Code Ann. § 5-73-122(a)(1) prohibits (with exceptions not relevant here) possessing a deadly weapon “in any publicly owned building or facility or on the State Capitol grounds.” So a person could not lawfully bring a handgun onto the State Capitol grounds even though doing so wouldn’t necessarily cause a violation of § 5-73-120(a). I provide a non-exhaustive list of those statutes in an Addendum to this opinion. I have summarized the principal statutes that make it unlawful to carry a firearm, notwithstanding the absence of a purpose prohibited by § 5-73-120(a).
Third, a private property owner or occupant is still entitled to keep handguns (and other firearms) and persons with handguns (and other firearms) off his, her, or its property. If a person enters or stays on private property against the owner’s or occupant’s stated desire that he or she not enter or that he or she leaves, that person may be guilty of criminal trespass. See Ark. Code Ann. § 5-39-203 (Repl. 2013).
Fourth, the laws requiring a license to carry a concealed handgun still have full force and effect. Nothing in Act 746, § 5-73-120(a), or this opinion is intended to suggest that a person may carry a concealed handgun in public without a properly issued concealed-carry license. A person may not lawfully carry a concealed handgun in public without a properly issued concealed-carry license. I believe this necessarily follows from the concealed-carry licensing scheme that predates Act 746 and that, in my opinion, was unaffected by Act 746.
I encourage you to click the link below to read the opinion in full: http://ag.arkansas.gov/opinions/docs/2015-064.html

 

[GodFearinGunTotin]

I guess my memory has failed me. I thought AR just recently passed constitutional carry.

ETA: I thought so:
https://en.m.wikipedia.org/wiki/Constitutional_carry#Arkansas

 

[mrjarrell]

As I read it, there was a lot of misinterpretation of the law. Some thought it didn't include OC as part of the carry law, (as I read elsewhere, even the governor didn't know it would cover OC and thought it would just be CC without a license). The AG has now clarified that. So, AR does have "Constitutional Carry", but it includes both CC AND OC. That just needed clarification for the masses (and the idiots out there).

 

[GodFearinGunTotin]

OK. I hadn't heard about the confusion nor am I familiar with the machinations of AR gun laws. [strike]Wonder why the AG was referring to a 2013 law when the CC law appears to have been passed this year?[/strike]

I could have sworn that was 2015 but upon review it does say 2013.

 

[Mark 1911]

Great news!

 

[mrjarrell]

OK. I hadn't heard about the confusion nor am I familiar with the machinations of AR gun laws. Wonder why the AG was referring to a 2013 law when the CC law appears to have been passed this year?

Guess they're connected in some lawyer-esque way.

 

[GodFearinGunTotin]

Guess they're connected in some lawyer-esque way.

No, that ones' on me. Made correction above.

 

[hopper68]

Something sound familiar here......

https://www.indianagunowners.com/fo...953-arkansas-ag-oks-oc-some-restrictions.html

 

[GodFearinGunTotin]

Something sound familiar here......

https://www.indianagunowners.com/fo...953-arkansas-ag-oks-oc-some-restrictions.html

I hate it when that happens.

 

[Timjoebillybob]

As I read it, there was a lot of misinterpretation of the law. Some thought it didn't include OC as part of the carry law, (as I read elsewhere, even the governor didn't know it would cover OC and thought it would just be CC without a license). The AG has now clarified that. So, AR does have "Constitutional Carry", but it includes both CC AND OC. That just needed clarification for the masses (and the idiots out there).

The AG stated that a permit/license is still required for CC. From your OP

Fourth, the laws requiring a license to carry a concealed handgun still have full force and effect. Nothing in Act 746, § 5-73-120(a), or this opinion is intended to suggest that a person may carry a concealed handgun in public without a properly issued concealed-carry license. A person may not lawfully carry a concealed handgun in public without a properly issued concealed-carry license. I believe this necessarily follows from the concealed-carry licensing scheme that predates Act 746 and that, in my opinion, was unaffected by Act 746.