Arkansas restores constitutional carry – no permit or license required to carry weapons

ArkansasStarting next month Arkansas will join Vermont, Alaska, Wyoming and Arizona as a “Constitutional Carry” state. This means that no permit or license will be required to carry weapons, either openly or concealed for lawful purposes.

Arkansas law will handle people carrying guns the same way many state laws handle possession of “tools of burglary”. Normally you can get away with carrying common hand tools anywhere you otherwise have a right to be. But if you are caught trying to use them in an attempt at breaking and entering or even trespassing you can be charged with a crime based on obvious intent to use that tool in furtherance of a crime. This is an excellent way to deal with people carrying guns. As long as you are not harming, or attempting to harm others with a weapon then possession alone should not be a crime.

The burden of proof has shifted

The burden of proof has shifted to the accuser (the state) who now has to prove that you are up to no good rather than you simply have the POTENTIAL for crime based on ready access to a weapon.

Here is the official press release from  Arkansascarry.com:

http://www.arkansascarry.com/media/kunena/attachments/556/Act746pressrelease.pdf

“In July, 2013, Arkansas will become the fifth state in the United States to enact “Constitutional Carry” into law. Act 746 of the 2013 General Assembly was signed into law by Governor Mike Beebe on April 4th, 2013, after receiving only one “nay” vote from the legislature.

Constitutional Carry occurs in a state when no laws exist that generally restrict the carry of handguns (open or concealed) for self-defense purposes. Arkansas law 5-73-120 currently prohibits the possession of a handgun if it is possessed “readily available for use with a purpose to employ the handgun… as a weapon against a person”, which puts the burden of proof of legal carry upon the person carrying the handgun. Act 746 changes the prohibitive language in July as follows:

Arkansas Code § 5-73-120. Carrying a weapon.

(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.

This technical change decriminalizes the carry of handguns

This technical change decriminalizes the carry of handguns for self-defense purposes, and puts the burden upon a prosecutor to prove criminal intent of a person carrying a handgun. Also, there are no specifications whether a legally carried handgun should be carried openly or concealed; thus it is considered Constitutional Carry by Arkansas Carry and the gun owners of the state. Act 746 is further supported by the Second Amendment to the U.S. Constitution, and by Article II, § 5 of the Arkansas Constitution (right to bear arms). The manner of carry under Act 746 also does not require a permit or training; however, Arkansas Carry desires that all citizens obtain firearms safety training before carrying a firearm in public. Arkansans should also obtain a state CHCL permit to enable them to carry in reciprocal states.”

Sluggo

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17 Comments

  1. This is the way the law SHOULD work,that the burden of proof should be on the state to show that the person intended to use weapon unlawfully.NOW toss in A stand your ground law,and your’re set.

  2. This is a great step foreword as Arkansas will no longer be stereotyping and profiling people with guns as criminals. Gun rights are civil rights too.

  3. Well done, Arkansas.

  4. Kenneth Darrow says:

    this is great but is it July or August Kenneth Darrow?

  5. Pingback: Constitutional Carry - Arkansas - XDTalk Forums - Your XD/XD(m) Information Source!

  6. Pingback: Akansas becomes 5th state to allow Constitutional Carry

  7. This is how it should be, it is our right to “Bear arms” so if this is our constitutional right, then why is there (small print)? Oh yeah I forgot we allow anyone and everyone in our country and give them a free range to do what they please! Hmmmmm interesting

  8. Wyoming has “constitutional carry” but only for residents of the state.

  9. I live in Alaska where Constitutional Carry for handguns was implemented in 2003. The results have been mainly reducing the angst of law abiding citizens when they do carry. Police officers see little difference. As it turns out, the average person is much more trustworthy and responsible than you may imagine. Also you get a odd fuzzy feeling that your fellow citizen has your back even if you do not carry.

  10. but can it be a loaded gun?

  11. Its about time…mabie High Crime towns and areas of High crime areas will see less crime….Remember a felon in possession of a firearm is STILL LAW.

  12. I am just wandering when Texas is going to follow in the steps of five states that now allow open carry.

  13. Pingback: Good for Arkansas

  14. Well I give it a day and there will be a shoot out at the local Walmart. “Whut didju jus say ta mhe?” BLAM!!! Don’t think it won’t happen.I was born and raised here in N.W. Arkansas I’m not some democrats who hates guns but the southern stereotype is almost accurate.I did say almost accurate.we do wear shoes and I won’t say we are uneducated although sometimes I do have to wonder lol.

  15. Jay Anthony says:

    Well,it’s been almost A year now in Ms, A tad longer than A day,
    that the HB2 clarification law has been in effect,& of course one can toss in this years HB314 law too.Not only has there NOT been any shootouts in Walmart,as the liberals foretelling claim that there would be blood in the streets in A return to wild west days,you can add the rest of the States stores to the list.open carry here has been A proven deterrent.Perhaps Ms.Firearm owners/carriers are A bit more disciplined than over in Ar.The thugs will continue to CC no matter what the law says.Open Carry,no permit required is here to stay in Ms.Police need to deal with it with more training ala Game Wardens……..who routinely confront armed citizens.

  16. NEAL JOHNSON says:

    Well,I think it’s about time. We’ve needed this for a long time. Maybe the crime rate and bank robberies will subside and go down.

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