Open Carry Bill Questions

Active Participant Joined: Jan 28, 2009 Posts: 24

gruntpain1775 wrote:

Think about this as well, Article 2, clause 29...would this not void any and all laws we currently have for firearms? would this clause not make those laws void?

Quote:

29. Enumeration of rights of people not exclusive of other rights - Protection against encroachment.
This enumeration of rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government; and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.

How can anyone misinterpret that? It cannot be stated any more clearly.

Posted: Thu Mar 19, 2009 1:37 am

The clear and present danger clause preempts that clause. Your right of free speech is restricted in the same manner; you can't incite a riot or attempt to defame someone's character and use the first amendment as a defense.

Now, whether gun laws are covered under that clause is up for debate, but no need to preach to the choir here Smile

Registered User Joined: Oct 05, 2009 Posts: 8

The only restriction there should be is in someones own house or there own buissness, because that would interfear in there right to do what there want in there own space.

Active Participant Joined: Mar 10, 2009 Posts: 1457

Unless that Business or Home space is being used to make weapons of war or create war against the Government....

Active Participant Joined: Dec 25, 2009 Posts: 123

arkyhog wrote:

The current "Open Carry" law in Arkansas is:

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 employ the handgun, knife, or club as a weapon against a person.

(b)As used in this section:

(1)?Club? means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap;

(2)?Handgun? means any firearm with a barrel length of less than twelve inches (12″) that is designed, made, or adapted to be fired with one (1) hand; and

(3)(A)?Knife? means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing.

(B)?Knife? includes a dirk, sword or spear in a cane, razor, ice pick, throwing star, switchblade, and butterfly knife.

(c)It is a defense to a prosecution under this section that at the time of the act of carrying a weapon:

(1)The person is in his or her own dwelling, place of business, or on property in which he or she has a possessory or proprietary interest;

(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 carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon;

(5)The person is a licensed security guard acting in the course and scope of his or her duties;

(6)The person is hunting game with a handgun that may be hunted with a handgun under 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;

(7)The person is a certified law enforcement officer; or

(8)The person is in a motor vehicle and the person has a license to carry a concealed weapon pursuant to

? 5-73-301 et seq.(d)(1)Any person who carries a weapon into an establishment that sells alcoholic beverages is guilty of a misdemeanor and subject to a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both.

(2)Otherwise, carrying a weapon is a Class A misdemeanor.
==============================================

This law is as offensive to KNIVES and baseball bats as it is to handguns! The letter of this law says you can't have a leatherman, much less a Buck knife strapped to your belt. This law is archaic, antique! We need an Open Carry law which will allow us to bear all kinds of weapons, including knives on our belts, baseball bats in our vehicles, etc... Under the current law, I can be arrested for carrying a bat to a game! Please correct me if I am wrong, but I believe a knife in my pocket is currently a CONCEALED weapon...

What is Act 83 of the Regular Session, 2007 mean?

Active Participant Joined: Dec 25, 2009 Posts: 123

HotGuns wrote:

I personally think that any exclusion area is nothing more than a target rich environment where a perp is guaranteed to be able to get away with a mass murder if they chose to.

With that being said... if you can be trusted to carry, why not be trusted to carry anywhere?

If the sheep are too scared to see guns, they need to learn to get over it and grow a set of balls bigger than that of a piss ant.

I am tired of hearing about people being offended by someone carrying a gun especially the timid folks that expect the cops to protect them from bad guys.

Lets be smart about this an not have any exclusion zones.

Here! Here! I agree!
Criminals never obey the law anyway. Gun laws are feel good laws.

Posted: Fri May 07, 2010 2:39 pm

1) I do not believe Arkansas is going to change federal law. It is reasonable to put a clause in an AR law that "open carry is permitted anywhere not prohibited by Federal law." Federal laws are too restrictive anyway and need to be revised.

2) Reasonable accommodation. (Where can a pedestrian safely store a prohibited weapon before entering a building? I call before going to an unfamiliar building to determine if there are restriction.)

Note: I would not mind having to call a building security to escort me to and from the lock boxes provided they are timely.

a. Restrictions for law enforcement buildings where persons are detained are reasonable. It is still permitted in the public roadway or parking lot. That permits someone to lock their weapon.

b. Similar to the accessibilty laws. Mandate that public buildings that do not permit weapons within, have policy and procedures, provide secure lockup containers at the accessible entrance for the deposit of firearms with no fees.

3) Is permitted to carry a weapon into a place were alcohol is served provided that the person carrying the weapon is not under the influence of alcohol.

4) It is permitted to carry a weapon in a public park, state park, state monument, into a place of worship, to sporting events, fitness centers, shopping centers, and businesses unless they are privately owned and their owners post the restriction of weapons in plain view at the entrances. (The owners of private property can choose if they want to create a crime zone. I can choose to not use them. They can provide lock boxes if they desire.)

(There are sufficient brandishing and discharge laws on the books. Only a fool would unholster a weapon in public for other than for storage or self-defense.)

5) It is permitted to move a weapon in a public place between a person and a storage location in a safe manner. Storage locations includes container, motor vehicle, or other item to secure a weapon from other persons.

6) It is permitted to present or display a weapon for defense purposes if a person believes that their or other persons lives are in danger from a perceived assailant or assailants.

Posted: Fri May 07, 2010 6:36 pm

pengland wrote:

1) I do not believe Arkansas is going to change federal law. It is reasonable to put a clause in an AR law that "open carry is permitted anywhere not prohibited by Federal law." Federal laws are too restrictive anyway and need to be revised.

2) Reasonable accommodation. (Where can a pedestrian safely store a prohibited weapon before entering a building? I call before going to an unfamiliar building to determine if there are restriction.)

Note: I would not mind having to call a building security to escort me to and from the lock boxes provided they are timely.

a. Restrictions for law enforcement buildings where persons are detained are reasonable. It is still permitted in the public roadway or parking lot. That permits someone to lock their weapon.

b. Similar to the accessibilty laws. Mandate that public buildings that do not permit weapons within, have policy and procedures, provide secure lockup containers at the accessible entrance for the deposit of firearms with no fees.

3) Is permitted to carry a weapon into a place were alcohol is served provided that the person carrying the weapon is not under the influence of alcohol.

4) It is permitted to carry a weapon in a public park, state park, state monument, into a place of worship, to sporting events, fitness centers, shopping centers, and businesses unless they are privately owned and their owners post the restriction of weapons in plain view at the entrances. (The owners of private property can choose if they want to create a crime zone. I can choose to not use them. They can provide lock boxes if they desire.)

(There are sufficient brandishing and discharge laws on the books. Only a fool would unholster a weapon in public for other than for storage or self-defense.)

5) It is permitted to move a weapon in a public place between a person and a storage location in a safe manner. Storage locations includes container, motor vehicle, or other item to secure a weapon from other persons.

6) It is permitted to present or display a weapon for defense purposes if a person believes that their or other persons lives are in danger from a perceived assailant or assailants.

I definitely like the way you think! Are you a native of Arizona?

Active Participant Joined: Mar 10, 2009 Posts: 1457

I like the way Pengland thinks too.

Board Member Joined: May 13, 2009 Posts: 477

Yes, yes. We need to make that law.

Most of all, the burden should be on the person banning weapons to provide lockup for the firearm and security for the entrants/clients. If I'm gunned down in a store that bans guns, the store should be held liable in a civil suit, just as I would be if someone were to be gunned down in my home and I could have done something to prevent it.

It's always infuriated me that so many employers ban firearms but provide ZERO security for their employees. And, since probably 75%+ of employers DO ban employee carry, you don't really have an option to just go work for someone who doesn't ban the practice. It's a monopoly on employment that has created more victim zones!

Active Participant Joined: Mar 10, 2009 Posts: 1457

I/We feel fortunate not to have to work in the gun free workplace. We can carefully choose where to work.

I have already posted my feelings about being armed at work. No matter what, there is going to be a weapon somewhere in my vehicle.

What really would improve things is relocating workplaces to safer areas or close early.

That little 7-11 on the corner or the gas station that stays open 24.7 manned by teenagers on minimum wage is a magnet for armed robbery. I know this because I once worked in such a place.

When that sun goes down, the day workers flee and the night people come out to hunt, rob, steal or otherwise make what time they have before sunrise.... it's a dangerous time.

Never again.

I will stay unemployed at home free and clear before working ever again in a gun free workplace. It's that simple.


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