” Taking on the task of educating the public in spite of a hostile media has fallen to Arkansas Carry, a group that has been organizing marches featuring the open carry of arms to show that such is legal throughout the state. Some local media are beginning to understand that the law actually says what it says. From arkansasmatters.com:
LITTLE ROCK, AR- Saturday one of the many open carry walks being staged across the state went off without a hitch.
More than 100 gun toting Arkansans walked through down town Little Rock.”
These walks around the state stem from a dispute in the interpretation of Act 746 between law-abiding gun owners and the state’s anti-gun Attorney General Dustin McDaniel . The Baxter Bulletin offers this report …
” “I do not interpret Act 746 as authorizing so-called open carry,” McDaniel wrote in his legal opinion. “To the contrary, the journey exception applies only to ‘travel beyond the county in which a person lives’ — a narrow range of activities inconsistent with the concept of open carry.”
Click for Pistol Packing Judge video
” While Pendergrass — who, in this week’s developing major local story, has endorsed his right and that of employees with the Baxter County Road and Bridge Department to carry concealed weapons on the job — disagrees with McDaniel’s legal opinion, it is Mountain Home Police Chief Carry Manuel who may first have to deal with the question locally.”
The act itself reads in part :
” BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 5-73-119(e), concerning defense to prosecution for possession of a handgun in certain places, is amended to read as follows:
(e) It is a defense to prosecution under It is permissible to carry a handgun under this section that if at the time of the act of possessing a handgun or firearm:
(1) The person is in his or her own dwelling or place of business or on property in which he or she has a possessory or proprietary interest, except upon the property of a public or private institution of higher learning;
(2) The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties;
(3) The person is assisting a law enforcement officer,correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;
(4) The person is a licensed registered commissioned security guard acting in the course and scope of his or her duties;
(5) The person is hunting game with a handgun or firearm that may be hunted with a handgun or firearm under the rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun or firearm;
(6) The person is a certified law enforcement officer;
(7) The person is on a journey beyond the county in which the person lives, unless the person is eighteen (18) years of age or less;.
(8) The person is participating in a certified hunting safety course sponsored by the commission or a firearm safety course recognized and approved by the commission or by a state or national nonprofit organization qualified and experienced in firearm safety;
(9) The person is participating in a school-approved educational course or sporting activity involving the use of firearms; or
(10) The person is a minor engaged in lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis or is traveling to or from this activity a lawful marksmanship competition or practice or other lawful recreational shooting with an unloaded handgun or firearm accompanied by his or her parent, legal guardian, or other person twenty-one (21) years of age or older standing in loco parentis. “
Readers may examine the bill and/or download it in it’s entirety here in PDF format and decide for themselves as to which interpretation is correct .
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