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Social Issues/2nd Amendment

Constitutional Carry Upheld in Arkansas

The Arkansas Court of Appeals issued a ruling Thursday recognizing and upholding the validity of open carry or concealed carry of a firearm without a license/permit in Arkansas. This ruling sets a strong court precedent for constitutional carry in Arkansas.

Members of the Arkansas group Patriots of Act 746 celebrated the news across social media. Their group educates people across Arkansas of their 2nd amendment rights.

The following statement was posted on the Patriots of Act 746 Facebook Page:

The Patriots of Act 746 has maintained for more than 5 years that Arkansas is a Constitutional Carry state. Since the passage of Act 746 in 2013, no permit is required to carry a weapon openly or concealed. Various groups and politicians have failed to fully acknowledge this fact, and have argued the law was unclear or confusing. Today, the Arkansas Court of Appeals removed any doubt surrounding the meaning of the law in Arkansas. For the first time, the court has ruled and established precedent that to be guilty of carrying a weapon, the state must prove an individual has unlawful intent to employ a weapon against a person. The court clearly ruled that having a weapon concealed without a permit is not only legal, but as Patriots has stated, not a reason for a law enforcement stop. This case, Taff v State of Arkansas provides conclusive precedent Arkansans can exercise their right to keep and bear arms as stated in Article 2, Section 5 of the Arkansas Constitution without the necessity of a chcl permit. Finally, the state has acknowledged the law, Arkansas is a Constitutional Carry state.

[gview file=”https://conduitnewsar.wpengine.com/wp-content/uploads/Taff_v._State-constitutional-carry.pdf”]

 

14 Comments

  1. It’s now legal to open carry or concealed carry a firearm in the state of Arkansas. Am I reading this correctly or am I dreaming. So I’m now able to carry my firearm without any type of concealed carry permit and the police of Arkansas cannot harass me for it. open carried or concealed..

  2. Why does a ‘consrrvative’ sure which is purportedly a strong proponent of firearms rights for citizens have a photo accompanying the story which displays improper and untrained firearms handling skills? Such a photo diminishes your credibility. This is typical of anti-gun sites. Surely you can do better.

    1. Finger is off the trigger, just hovering in the trigger guard. The bigger question to be asked by the attentive reader is why they picked a photo of an airsoft [toy] pistol….

  3. This is an appeal to suppress physical evidence for the trial. This is about an illegal stop and seizure, not about carrying concealed. That was not specifically addressed here. Because the seizure was improperly conducted, the evidence cannot be used in court. The actual trial will have to be redone. This appeal did not address the crime itself or determine guilt or innocence.

  4. Pingback: 2019
  5. Act 746 addresses the antique “Journey Law” of carrying a firearm for safety without a CHL while on a Journey. The Journey was adequately defined, and an exception to law enforcement that if the person had no unlawful intent, then the possession was legal. There is no exception to carrying a firearm for self-defense other than the CHL LAW. There are (3) three weapons in 5-73-120 that are affected by the additional wording and if “open carry/concealed carry with a license” is accepted reasoning of the ” purpose to use the weapon unlawfully” verbiage, then we can carry Samurai swords, daggers, clubs of any description the same way.

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