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Old May 14, 2011, 08:20 PM   #1
tugboat_josh
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arkansas laws.

hello, I live in louisiana and do not have a chl. I will be going to work in arkansas in about a week on a construction job. I really like to keep a .357 mag revolver in my truck when I travel. I have read arkansas laws and it says its legal if one is on a journey..... what does this really mean? I will be staying in a hotel. Can someone please shed some light on this journey deal,I don't want to break any laws. So would I.be legal or not. Thank you, Josh.
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Old May 14, 2011, 09:51 PM   #2
Spats McGee
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Unfortunately, that whole "on a journey" thing in Arkansas law has never been defined. Check here fore reciprocity: http://www.handgunlaw.us/
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Old May 14, 2011, 10:05 PM   #3
jgcoastie
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1. I would highly recommend that you at least start the process for your CHL as soon as possible.

2. Open vehicle carry is not legal without a CHL in Arkansas. It is legal when "traveling", but that term has not yet been defined by any cognizant authority.

See www.opencarry.org for a bit more information.
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"To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them." -Richard Henry Lee, Virginia delegate to the Continental Congress, initiator of the Declaration of Independence, and member of the first Senate, which passed the Bill of Rights.
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Old May 14, 2011, 11:11 PM   #4
tugboat_josh
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Yep I been needing to take the chl class I just always seen to. Be working when there is a class near me. But at least I am not the only one left out of the journey thing. But it seems I wont be packing there until I get one. Thanks for the imput
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Old May 15, 2011, 06:54 AM   #5
Spats McGee
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I haven't dug into the reciprocity statutes, but according to handgunlaw.us, Arkansas does recognize Louisiana CHLs.
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Old May 15, 2011, 08:27 AM   #6
Rifleman1776
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Spats is correct. Arkansas laws are not evenly enforced. If you are stopped and caught with your firearm the scenario will depend upon the views and attitudes of the officer, prosecuting attorney and the judge.
But, for your info, the 'journey' term has been defined as traveling outside your "circle of friends".
However, your best preparation is simply attitude. Don't do anything stupid. Keep the gun out of sight.
If it comes to a court case, the prosecution must show intent to use the gun for a crime.
In general, Arkansas is very open minded about honest citizens being able to defend themselves. Sadly, that is not a 100% guarantee.
Travel safely, don't spit terbacky juice in a cops face if stopped and you should be just fine.
Welcome to Arkansas.
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Old May 16, 2011, 08:41 AM   #7
Harry Callahan
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What a sad state of affairs. I can remember growing up as a suburban Chicago kid in the '60s and '70s. My grandparents lived in St Paul, Arkansas. We would vacation there every summer for a week or two. I remember my grandfather's Ford pickup, complete with gun racks holding a .22 for rattlesnakes and a 30 .06 for deer, fully loaded all the time. We went shooting pretty much where ever we pleased as his friends had farms which lined 16 and 23 and had no problem with letting us do so. Now it seems you need an act of Congress to exercise your freedoms. Too bad. I will always have a special place in my heart for the state of Arkansas. Nothing like the Ozarks!
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Old May 16, 2011, 11:24 AM   #8
Rifleman1776
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Harry, where St. Paul is, and most of the state around it, you and he would still have your freedoms. I doubt anything has changed in that respect.
BTW, I'm a former Chicago 'burbs boy. Left in 1970.
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Old May 16, 2011, 12:12 PM   #9
Harry Callahan
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I miss it Rifleman, I miss it alot! Most of my relatives down there have passed long ago. The ones that remain are so old they wouldn't know who they are anymore. Guess that's why the good Lord gave us a memory!
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Old May 16, 2011, 02:47 PM   #10
Aguila Blanca
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"On a journey" may not have been defined, but I'm pretty sure that living in a motel and working 8 hours a day on a construction site is not "on a journey" under anyone's definition.
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Old May 16, 2011, 03:38 PM   #11
Rifleman1776
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"on a journey" has been defined many ways by various Arkansas courts. What generally is agreed is that it is "outside your circle of friends". I believe that wording is in the legislation or constitution.
But, as travel vehicles got modern (e.g. from foot to horseback, to carriage, to early cars to modern cars on paved roads, etc.) that definition took on new meanings.
As I said earlier, if you get doin' wrong, the outcome will depend on attitude and legal interpretation of: law enforcement officer; prosecutor and the judge. Wish it were clear or like the old days.
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Old May 16, 2011, 11:21 PM   #12
tugboat_josh
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I doubt I would have any trouble but I am not going to take the chance, don't need no trouble you know.... maybe the AR though, as I understand that would be legal lol.
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Old May 17, 2011, 08:31 AM   #13
Rifleman1776
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Tugboat, I understand your dilema.
I am hesitant to take a CCW into another state. Fer'instance, we have visited New Orleans several times and plan to again. That city's notoriously corrupt police department is not something I want to tangle with, legal carry or not. So, I have made myself a walking cane to take on these ventures. I don't need a cane (yet) but I am a senior and could easily have need for one, or look like it. This cane has a tip made from an antique brass horse hame tip. It is heavy. The shaft is 1" hickory. It isn't a gun but it is something. One whack with this to the shins or head will dissuade the nastiest mugger around. It won't attract attention but will be with me at all times. Downside, of course, it takes up a hand has to be carried.
You might think about alternatives. e.g. pepper spray, etc.
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Old May 17, 2011, 08:37 AM   #14
Spats McGee
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I stand corrected by Rifleman1776. I did some digging around for the definition of "on a journey," and came across this:

Quote:
Originally Posted by Arkansas Court of Appeals
A journey has long been defined as

where one travels a distance from home sufficient to carry him beyond the circle of his neighbors and general acquaintances and outside of the routine of his daily business.... “The prohibition was designed to stop the carrying of weapons among one's habitual associates; the exception was designed to permit it when necessary to defend against perils of the highway to which strangers are exposed, and that are not supposed to exist among one's own neighbors.”
Ellington v. Denning, 99 Ark. 236, 237, 138 S.W. 453, 453 (1911) (quoting Hathcote v. State, 55 Ark. 181, 185, 17 S.W. 721, 722 (1891)). The court in Hathcote also stated that, “while we cannot state an unbending rule by which to define the scope of the exception, it should in every case be interpreted in the light of good sense and with regard to the spirit and intent of the statute.” 55 Ark. at 185, 17 S.W. 721.

Riggins v. State, 17 Ark. App. 68, 70, 703 S.W.2d 463, 464 (Ark. Ct. App. 1986)
This was decided under the Arkansas Statutes as they existed in 1986. Arkansas adopted the Arkansas Code Annotated as it stands today in 1987. Nonetheless, I see no reason that this definition would not be followed in defining "on a journey" under current Arkansas law.
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