AAC Carry
LEGAL CORNER Continued From Page 17 <<<
kansas after Act 746 of 2013. Tis opened the door for three law- makers, former Sen. Jon Woods, Rep. Tim Lemons, and former Rep. Nate Bell to ask General Rutledge for an official opinion on the state of open carry in Arkansas to provide clarity to both citi- zens who choose to carry firearms as well as the law enforcement officers who are charged with enforcing the law. In Attorney General Opinion 2015-064, Rutledge opined:
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.
General Rutledge went on to list there were still some caveats to open carry: law enforcement officers can freely question anyone carrying a weapon concerning their purpose; open carry does not apply to otherwise prohibited locations, such as the state Capitol; private property owners have the right to prohibit firearms on their property, with incompliance resulting in a charge of tres- pass; and concealed carry statutes were not changed and must be complied with when carrying a concealed weapon. While Attor- ney General opinions are not binding law per se, many Arkansans began to cite this opinion as confirmation that open carry was legal in Arkansas. However, there have been no court cases in the state since the opinion was issued, which would effectively solidify open carry as firm, concrete Arkansas law. Since the Attorney General Opinion 2015-064 was released, the issue of open carry has remained relatively quiet and void of public incidents covered by the media. However, after no official direction to state law enforcement agencies on the issue for two years, in December 2017, Gov. Asa Hutchinson issued a letter to the Arkansas State Police stating, “Act 746 of 2013 clarified that a person may open carry a handgun so long as there is no intent
to unlawfully employ the handgun.” Te Governor further states that in his view the language is clear and lawful. He notes that while local jurisdictions have differed on their interpretation of Act 746, “Te State police is the lead law enforcement agency in Arkansas and sets the stan- dard for enforcement policy across the state.” While he expresses doubt that the state police have cited any person for mere open carry, he thinks such a citation would be “both inappropriate and inconsistent with Arkansas state law.” Te letter goes on to express surprise that the Arkansas Supreme Court has not ruled on the language of Act 746, which explains the Governor’s reluc- tance to make a statement to state police before now. However, no case on this issue has made its way before the Court. As a result, the Governor has directed all state police, “open
carry of a handgun is protected and allowed, so long as there is no intent to unlawfully employee the handgun,” and that the act of open carry of a handgun alone should not be cause for revocation of an individual’s concealed carry license. However, a concealed carry license is still required to carry a concealed handgun. Tree weeks after the Governor issued this instruction, the Arkansas Game and Fish Commission approved a regulation change al- lowing open carry “for personal protection while on any wildlife management area or Commission-controlled property or lake.” Previously, unless it was hunting season, a person had to have a concealed carry permit to possess a handgun in these areas. A concealed carry license is still required to possess a concealed handgun on the properties. Finally, it is worth noting that in 2017, the General Assembly approved the issuance by Arkansas State Police of “enhanced concealed carry permits,” which would allow for permit holders to carry concealed handguns into some public buildings which were previously prohibited. Anticipated upcoming guidance from the Arkansas State Police about the ex- tent of the enhanced concealed carry licenses’ application should be helpful to law enforcement officers attempting to enforce cur- rent concealed carry laws.
75 Counties - One Voice 18 COUNTY LINES, WINTER 2018
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