Open Carry for long arms Arkansas?

[ccsniper]

A friend of mine recently told me that open carrying long arms in Arkansas is legal and requires no permit. I have been searching for almost a half hour and cannot find anything except this http://en.wikipedia.org/wiki/Gun_laws_in_Arkansas
I don't trust wiki with my legal status and the Arkansas state police site seems to be down.

Is this true? Is open carry for long arms legal in AR?

 

[ThorinNNY]

There was a thread about this sometime in the past year.No info specific to Arkansas,but consensus seemed to be walking around with an uncased rifle was likely to attract the attention of law enforcement.

 

[smalls]

There was a thread about this sometime in the past year.No info specific to Arkansas,but consensus seemed to be walking around with an uncased rifle was likely to attract the attention if law enforcement

So? It's either legal or it's not. If its legal then he has no worries.

 

[ccsniper]

So? It's either legal or it's not. If its legal then he has no worries.

this. I am pretty sure it is though, cannot find any AR laws on it.

 

[bigwheel]

Suspect there are no laws on it because its not illegal. Same as with Texas. They copy each others laws purty close. The key would be to find the Arkie statues and see what is prohibited. As somebody else say just because its legal to do it is not going to stop a scared rookie cop from letting the air out of the alleged perp. Would make sure it was in a hunting type scenario. Would not be a good plan to go walking down the streets of Little Rock with one slung over the shoulder.

 

[hovercat]

What is illegal in TX is 'brandishing' or threatening manner. Fifty 911 calls about a guy in full camo walking about Austin with a "machine gun", and the police will have to arrest you, even if they know that it will not stick.

It is nice to walk down the road of the Natural Forest in hunting season without unloading. Yes, I do have a gun rack in the pickup window. Mostly carries a 4' level, but to the range or hunting, rifle of shotgun.

My long winded point is to please use the law, or lack of one, as intended. If you just want to make a point or carry at a protest, a piece of broomstick in a soft case will still get attention and make it difficult for police/prosecutors to keep you in jail long.

 

[ccsniper]

My long winded point is to please use the law, or lack of one, as intended. If you just want to make a point or carry at a protest, a piece of broomstick in a soft case will still get attention and make it difficult for police/prosecutors to keep you in jail long.

My point is to simply do what I am legally allowed to do, open carry a long arm. Probably a lever action rifle. In Arkansas, cities cannot make stricter gun laws than that of the state or federal level, they are only allowed to make laws regarding discharging firearms within city limits. In Arkansas brandishing would be

5-13-204. Aggravated assault.

(a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely:

(1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person; or

(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person.

(b) Aggravated assault is a Class D felony.

(c) The provisions of this section do not apply to:

(1) A law enforcement officer acting within the scope of his or her duty; or

(2) Any person acting in self-defense or the defense of a third party.


History. Acts 1975, No. 280, § 1604; A.S.A. 1947, § 41-1604; Acts 2003, No. 1113, § 1.

 

[hovercat]

Good luck with that. With your freedom and possible criminal and/or arrest record on the line, I would recommend consulting with an attorney familiar with AR law, and not depending on internet non-experts such as myself.

 

[Frank Ettin]

...I don't trust wiki with my legal status and the Arkansas state police site seems to be down.

Is this true? Is open carry for long arms legal in AR?

So you ask here?

Good luck with that. With your freedom and possible criminal and/or arrest record on the line, I would recommend consulting with an attorney familiar with AR law, and not depending on internet non-experts such as myself.

This is the correct answer if someone is really concerned about his "legal status."

 

[Outlaw Man]

The criminal statute in Arkansas for carrying a weapon specifically names handguns. Long guns must be carried "with the intent to use as a weapon" against another person before it becomes a crime, from what I remember.

This is pure conjecture, but I would imagine long guns were specifically omitted from the list in an effort to protect hunting.

I do know, from personal experience, that most law enforcement officers here won't bat an eye at you having a long gun in your vehicle, so long as everything else seems legit. If you're walking down the streets of Little Rock with it, on the other hand, you're probably taking your life, or at least your spotless criminal record, into your own hands.

 

[mljdeckard]

Legal does not equal trouble-free. It's like anywhere else. You can still get MWAG calls to the sheriff and questioning.

 

[Spats McGee]

The statute on Carrying a Weapon may be found at Arkansas Code Annotated 5-73-120:

(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.

Ark. Code Ann. § 5-73-120 (West)

I am unaware of any statute that prohibits "open carry" of long guns. Long guns are excluded from this statute. If all we're talking about is a rifle slung over the shoulder, that's one thing. If your behavior involves waving said rifle around, you've got a separate problem. But a large measure of this equation will depend on where you open carry. Open carry out in a rice field near Stuttgart and you'll probably be left alone. Open carry in downtown Little Rock, probably not so much. You may not be convicted of anything, but your day probably won't be trouble-free, either.

 

[ccsniper]

I am unaware of any statute that prohibits "open carry" of long guns. Long guns are excluded from this statute. If all we're talking about is a rifle slung over the shoulder, that's one thing. If your behavior involves waving said rifle around, you've got a separate problem. But a large measure of this equation will depend on where you open carry. Open carry out in a rice field near Stuttgart and you'll probably be left alone. Open carry in downtown Little Rock, probably not so much. You may not be convicted of anything, but your day probably won't be trouble-free, either.

Thank you, very helpful.

The criminal statute in Arkansas for carrying a weapon specifically names handguns. Long guns must be carried "with the intent to use as a weapon" against another person before it becomes a crime, from what I remember.

If you're walking down the streets of Little Rock with it, on the other hand, you're probably taking your life, or at least your spotless criminal record, into your own hands.

yeah probably won't be walking around in highly populated areas, but my spotless criminal record will remain spotless regardless. If carrying long arms openly is perfectly legal, then they can't charge me with anything, only harass me. One thing I know, I will not be going anywhere near Van Buren. Those cops have absolutely nothing to do BUT harass people.

 

[bigwheel]

Well yall can hypothetical conjecture about the intricacies of various statutes..but if five old widder ladies call 911 about some crazy man with a deadly weapon walking around..somebodies coola is going to the the jail house. They felt threatened and intimidated by the presence of the vile instrument of the devil. That would fall under the disorderly conduct statutes. Kindly dont get cute. It aint smart to fight with the guv'ment.

 

[kimbershot]

why, i times like this do people want to push the envelope? sometimes bravado = just plain stupid.:banghead:

 

[razorback2003]

There is no general law about openly or concealing a long gun, whether loaded or not loaded. If it is not illegal, then it is illegal. You could have a loaded long gun under a blanket or an unloaded long gun in a rack. Both ways are legal. Arkansas weapons law mainly covers handguns, clubs, switchblade knives, blackjacks, etc., not long guns. You generally though cannot have a long gun at a K-12 school, but there are some exceptions like being on a 'journey' or going to and from hunting.

There is no long gun law (those in Arkansas keep it this way if you can) as far as on college property. Few know that it is still legal to have a long gun on a college campus in Arkansas. Some of the bills the guys at Arkansascarry have pushed in the past would have outlawed long guns (with a felony offense) at colleges. I pointed this out but the excuse was "Well it is already against the school rules". They failed to understand that making a law against it with a felony offense was a whole lot worse than school policy. Thankfully none of their ideas became law.

 

[JRH6856]

(2) Displays a firearm in such a manner that creates a substantial danger of death or serious physical injury to another person.

The problem here being that in the mind of many if not most, of the anti 2A crowd, the mere presence of a firearm "creates a substantial danger of death or physical injury" and will very likely generate a complaint if that presence is in a public place. So be prepared for a police response if only to make sure you are, in fact, acting legally.

And if you go grocery shopping with a rifle on your back, the store manager may have an issue.

I've been through that here in Texas.

 

[smalls]

And if you go grocery shopping with a rifle on your back, the store manager may have an issue.

Luckily the store manager doesn't write the laws. Which is what we're supposed to be talking about here, in the legal forum.

The manager may tell you to leave, that's his choice.

 

[JRH6856]

The manager may tell you to leave, that's his choice.

By law.

 

[smalls]

But now you're getting into open carrying a rifle into a specific place.

Open carrying a rifle down his street isn't illegal. That's what he's asking. He's not asking if its legal to carry it to the Walmart on 4th street, or the grocery store on Main. We can't answer that because we don't know their policies.

 

[Outlaw Man]

One thing I know, I will not be going anywhere near Van Buren. Those cops have absolutely nothing to do BUT harass people.

That could be said about many places in Arkansas, even in much more rural areas than Van Buren.

If we're talking about what could happen, watch out for the Game and Fish if you're in an area where you could be hunting.

 

[JRH6856]

But now you're getting into open carrying a rifle into a specific place.

Open carrying a rifle down his street isn't illegal. That's what he's asking. He's not asking if its legal to carry it to the Walmart on 4th street, or the grocery store on Main. We can't answer that because we don't know their policies.

Smalls, please take a deep breath and read the OP. He didn't ask about carrying down the street. Just carrying long arms without a permit. One would have to assume he means carrying in a public place which usually includes businesses open to the public.

 

[smalls]

Ok, and what I'm saying is that it is legal. Unless Arkansas law says signs carry the weight of the law, and the store is posted. If its not posted, then he may enter untill asked to leave.

Will he get asked to leave? Probably. Does that make it illegal? No. He may even get hassled by the police, but he is still doing an activity that is 100% legal

 

[Jim K]

I can't help wonder why folks want to do something just because (they think) it is legal. Even if there is no law against carrying a long gun, why would you want to get people upset, challenge law enforcement, and take an "in your face and [blip] you" attitude. Just to make it hard for the rest of us? To make sure there will be a law passed to make sure carrying a long arm IS MADE illegal?

There may be no specific law against it, but there are laws against disturbing the peace, causing apprehension and fear, etc. The idea that "if its legal then he has no worries" doesn't quite cut it. If you go strolling around a town (we are not talking about the woods) with a rifle in your hand or slung on your shoulder, the cops will find a law that you are violating and you may spend a lot of time at the police station explaining how folks on the net said it is OK. And they might well explain to you why it is not, then lock you up.

And if you are convicted of a felony (probably not, but it could happen), then you won't have to worry about carrying a long gun because it will be illegal to own any gun.

A pretty high price to pay just to stick it in John Law's ear.

Jim

 

[JRH6856]

^^^^Exactly. Just because an action is legal does not mean it is free of consequences.