Arkansas HB2184 in commitee this week

[El Diucklo]

Tomorrow, the Arkansas House Judiciary Commitee will discuss HB2184 - the right to open carry within the state. While I welcome an appropriate and rational open carry law within our state (concealed carry is a PITA in summer), the language of HB2184 as written is grossly flawed. I have expressed my concerns in writing to each of the twenty members of the commitee and requested either amended language or rejection of the bill completely. While passage of the bill would allow open carry within our state, the bill as written would in its generalities actually further restrict by consequence where and when a handgun could be carried and would serve to diminish both the opportunity for legal self defense as well as the safety and perception of the general public toward those who accept the responsibilities inherent in carrying a handgun for self defense. I have so far received five personal responses in reply (and support), and I just sent off my E-mails last night.

While there is always discussion on this board concerning our second amendment rights under the US constitution, which states the right to bear arms as accorded by the federal government, little I've seen here discusses what rights are accorded to keep and bear arms under the various state constitutions, which in some ways have more impact.

The Arkansas constitution addresses this right in Article 2 (Declaration of Rights), Section 5 (Right to Bear Arms) as follows:

"The citizens of this State shall have the right to keep and bear arms, for their common defense."

What language is contained within your own state constutution which guarantees your right to keep and bear arms?

[Frenchy]

You might find this informational, duck.
State Constitutional Right to Keep and Bear Arms Provisions, by Date
Missouri has both open and concealed.

[El Diucklo]

Thanks Frenchy! I found it hugely interesting that several of the earlier provisions stated that (bold below):

That the people have a right to bear arms, for the defence of the State; and, as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power. standing armies within the state shall not be kept.

(Those states now have National Guard and Reserves, so I presume these are the original, unabridged articles which were subsequently amended.)

I also found it interesting that several state constitutions allow openly bearing arms but contain provisions to punish those who conceal them whereas my state here in Arkansas allows concealed weapons (to permit holders) but currently does NOT permit open carry (unless on a "journey" - and "journey" has never been legally defined).

Thanks again for the link.

[jabtay]

Wow, this is the first i have heard of this...thanks for the heads up, I will do a little reading on it today.

[PowerFangsXD45]

Us in OKla had a something like this here recently was held up by one person, and the only excuses she gave was well we are worried about the safety issue and we are worried we will lose the money for CCWs if we implement this into law, yet we already have the right IE the BOR 2nd and conceal should be permitted....

And Duck the NG is federal now please pay attention in class next time...

[El Diucklo]

Originally Posted by jabtay

Wow, this is the first i have heard of this...thanks for the heads up, I will do a little reading on it today.

Here ya go:

State of Arkansas

2

87th General Assembly A Bill

3

Regular Session, 2009 HOUSE BILL 2184

4
5

By: Representative M. Martin

6
7
8

For An Act To Be Entitled

9 AN ACT CONCERNING THE LAWFUL OPEN CARRY OF
10 HANDGUNS; AND FOR OTHER PURPOSES.
11
12

Subtitle

13 AN ACT CONCERNING THE LAWFUL OPEN CARRY
14 OF HANDGUNS.
15
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. This act shall be known as the “Arkansas Open Carry Law”.
20
21 SECTION 2. Arkansas Code § 5-73-120(a), concerning the offense of
22 carrying a weapon, is amended to read as follows:
23 5-73-120. Carrying a weapon.
24 (a) A person commits the offense of carrying a weapon if he or she
25 possesses a handgun, knife, or club on or about his or her person, in a
26 vehicle occupied by him or her, or otherwise readily available for use with a
27 purpose to offensively employ the handgun, knife, or club as a weapon against
28 a person.
29 (b) A person is presumed to be openly carrying a weapon defensively
30 unless displaying conduct constituting attempt under § 5-3-201.
31
32 SECTION 3. Arkansas Code § 5-73-305 is amended to read as follows:
33 5-73-305. Criminal penalty.
34 (a) Any A person who knowingly submits a false answer to any question
35 on an application for a license issued pursuant to this subchapter, or who
36 knowingly submits a false document when applying for a license issued

HB2184

2 03-05-2009 12:48 BPG102
pursuant to 1 this subchapter upon conviction is guilty of a Class B
2 misdemeanor.
3 (b) A person who knowingly carries a concealed handgun without a valid
4 license to carry a concealed handgun under this subchapter upon conviction is
5 guilty of a Class A misdemeanor.
6
7 SECTION 4. Arkansas Code Title 5, Chapter 73 is amended to create a
8 new subchapter to read as follows:
9 Subchapter 5 – Arkansas Open Carry Law
10 5-73-501. Definitions.
11 As used in this subchapter, “plain sight” means not hidden or concealed
12 from observation and in open view. “Plain sight” includes a handgun that is
13 holstered as long as the holster is not hidden or concealed from observation
14 and is in open view.
15
16 5-73-502. Open carry
17 Except for those places provided in § 5-73-306, a person who may
18 lawfully possess a handgun may publicly carry in plain sight a handgun on his
19 or her person or in his or her vehicle for the purpose of self-defense

20 regardless of any law to the contrary prohibiting the carrying of a handgun.

[El Diucklo]

Originally Posted by PowerFangsXD45

And Duck the NG is federal now please pay attention in class next time...

Gee, after all of these years of actually BEING IN the NG, you'd think I'd know that if it were true. Could it be that you're misinformed?

(The NG is state unless federalized. The reserves are federal.)

[El Diucklo]

Originally Posted by PowerFangsXD45

Us in OKla had a something like this here recently was held up by one person, and the only excuses she gave was well we are worried about the safety issue and we are worried we will lose the money for CCWs if we implement this into law, yet we already have the right IE the BOR 2nd and conceal should be permitted....

My proposed amendments to the bill would actually INCREASE revenue for CHL's.

[PowerFangsXD45]

Originally Posted by El Diucklo

Gee, after all of these years of actually BEING IN the NG, you'd think I'd know that if it were true. Could it be that you're misinformed?

(The NG is state unless federalized. The reserves are federal.)

Can be called up by the POTUS without state Governor permission, translation federalized....

Governors lose in power struggle over National Guard

Like I said pay attention in class next time... Ohh and in case you say it they can be called up with out the Insurrection Act...to give the president power to federalize Guard troops without invoking the Insurrection Act.

Nothing about the reserves...But I still like you duck.

[PowerFangsXD45]

Originally Posted by El Diucklo

My proposed amendments to the bill would actually INCREASE revenue for CHL's.

That was part of it in OKLA. the one sponcering it said that more than likely the majority of CCW now and future would still carry CCW but he wanted to give the option of open carry to all lawful gun owners....