Arkansas defines a journey and other things

[Outlaw Man]

http://www.arkleg.state.ar.us/assembly/2013/2013R/Pages/BillInformation.aspx?measureno=HB1700

Highlights:

A journey is now defined as outside the county where you live. (This is a defense to the crime of carrying a weapon, for those who aren't familiar.

A legal knife is now less than 3".

Questions:

Does that mean all knives over 3" blades are illegal, or only if you intend to use it unlawfully?

Does it look to anyone else that OPEN CARRY is legal if you're in another county?

Obviously, I'm going to talk to a lawyer before I do anything very different from normal.

 

[razorback2003]

I'm curious about this bill too because I travel to Arkansas frequently.

 

[Gary Slider]

I am interested as I want to updated Handgunlaw.us.

The bill status is that is was given an Act number but doesn't mention the Governor signing it. Does giving it an act number mean the Governor has signed it?


From what I understand he has 5 days to sign it or it becomes law. Then it is 90 days after the legislature ends before it becomes law. Thanks for any info you can give me.

 

[Spats McGee]

Gary, yes. On the General Assembly's page, it says:

Notification that HB1700 is now Act 746

A Bill becomes an Act when the Gov signs it.

Outlaw Man -- Ark. Code Ann. 5-73-119 is "Handguns--Possession by minor or possession on school property." There is a separate offense of "Carrying a Weapon" at 5-73-120.

This is a little squirrelly because 5-73-119 relates to possession of a handgun by a minor or of a firearm on school grounds, but it makes an exemption for possession in one's own home. I don't know anyone who lives at a school.

 

[Gary Slider]

Spats McGee,

Thank you. I believed that is what it meant but not sure. Appreciate the quick response.

 

[Outlaw Man]

Ark. Code Ann. 5-73-119 is "Handguns--Possession by minor or possession on school property." There is a separate offense of "Carrying a Weapon" at 5-73-120.

This is a little squirrelly because 5-73-119 relates to possession of a handgun by a minor or of a firearm on school grounds, but it makes an exemption for possession in one's own home. I don't know anyone who lives at a school.

So, kids 18 through 20 that live in a dorm room can carry without a permit?

It's definitely strange.

 

[razorback2003]

I'm sure if nothing else that covers people who home school kids. At least some over the top prosecutor cannot charge someone with guns in home schools.

Outlaw, that exception for one's own home was changed several years ago to specifically exclude university property. Someone had a knee jerk reaction. At least pure possession is not illegal on a college campus of a handgun, just the carrying a handgun as a weapon. Possessing long guns is still thankfully legal too.

Spats,
With this new Act, do you think it is still legal to carry a handgun on a college campus or K-12 school WITH a CHL as long as you do not enter the buildings?

 

[Outlaw Man]

This has really gotten me curious. So, despite my normal avoidance of Arkansas Carry (we don't always see eye to eye), I decided to look for any information on their site - the media is silent on it.

On one of the threads, the Executive Director speaks of how they have been trying to keep this quiet (to the point of censoring posts) until the Governor signed it. They're still hoping to keep it quiet until the legislative session ends. In Arkansas, that would mean they cannot repeal it until 2015. I'm not going to post a link to the discussion, but anyone interested can easily find it. At this time, it's linked on the right side of their homepage.

Kinda makes you wonder...


ETA: Razorback, that would be a comical proposition if it wasn't so realistic.

 

[KadicDeshi]

I don't know anyone who lives at a school.

Back in the early '90s, my parents rented a house from the school district where my dad worked. The property butted up to the school's playground with no clear boundary between the two. This was in NE Arkansas.

I'm almost afraid to get my hopes up too much concerning this change in the law but it's looking to me like the prosecution would have to prove that you are carrying a weapon with the intent to use it illegally. This would appear to apply to handguns, knives, and clubs. IANAL and all that, just what it looks like to me.

Barrett

 

[Spats McGee]

I hadn't even considered the homeschool aspect, but that sure makes sense.

Spats,
With this new Act, do you think it is still legal to carry a handgun on a college campus or K-12 school WITH a CHL as long as you do not enter the buildings?

I'm really not sure yet, but give me a few days. I'll sit down with all of the new Acts and see if I can piece together what it does.

 

[TRX]

> I don't know anyone who lives at a school.

A parsonage at a church that runs preschool or Sunday school would probably qualify.


> defines a journey

That was a seeping sore for decades, interpreted any way a prosecutor saw fit. I'm glad to see it's finally plugged.


> knives 3"

The municipality I live in has its own law; that's 2-3/4". I got busted for a $6 Schrade folding pocket knife with a 2-7/8" blade in 1981.

If I purchase a CCW I can lawfully carry my full-auto Ingram SMG, but there's no legal way I can carry that murderous pocket knife...

 

[Deltaboy1984]

Good to see the Journey defined.

 

[Outlaw Man]

TRX, you mind saying where the 2-3/4" ordinance is? Living and working in central Arkansas, I've probably gone through there a few times. I'd like to NOT make that mistake.

 

[Kiln]

> I don't know anyone who lives at a school.

A parsonage at a church that runs preschool or Sunday school would probably qualify.


> defines a journey

That was a seeping sore for decades, interpreted any way a prosecutor saw fit. I'm glad to see it's finally plugged.


> knives 3"

The municipality I live in has its own law; that's 2-3/4". I got busted for a $6 Schrade folding pocket knife with a 2-7/8" blade in 1981.

If I purchase a CCW I can lawfully carry my full-auto Ingram SMG, but there's no legal way I can carry that murderous pocket knife...

Only problem is defending yourself in court after using a full auto for a defensive shooting.

 

[Deltaboy1984]

3 inches is awful small knife.

 

[hillbilly]

Confusing, since Arkansas also repealed a knife statute in 2007.

See Act 83 here.

http://www.arkansascj.com/LawBook/2007_Legislative_Update.htm

 

[mdauben]

Does that mean all knives over 3" blades are illegal, or only if you intend to use it unlawfully?

In my layman's reading of the act, knives of any size are not illegal.

What may be illegal is carrying a knife over 3 inches. IMO, the kicker is the statment "...with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person." Taking that as written, I could carry a 6 inch knife, a sap and a gun and as long as I don't intend to use them unlawfully I'm golden.

Now, I would not want to volunteer to be the test case on my interperetation...