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June 24, 2018, 06:48 AM | #1 | |
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Join Date: July 28, 2010
Location: Arkansas
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Arkansas Gun Law Update: AG opinion 2018-002
Frankly, Arkansas carry laws have been a bit murky these past few years. We have a statutory scheme for concealed carry, and have had since ~1995. It had a couple of bugs, but generally worked until about 2015, when the General Assembly inserted "with a purpose to attempt to unlawfully employ the handgun, knife, or club" into our "Carrying a Weapon" statute. It now reads as follows, and I've underlined the language added in 2015
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On June 20, 2018, AG Rutledge released Opinion 2018-002. In this opinion, Ms. Rutledge almost begs the General Assembly to clean up our concealed carry statutes. (I don't blame her, either. They're a mess.) She opines that there is no penalty for carrying a concealed handgun without a CHCL in AR. However, she also notes the existence of a possible presumption that carrying a concealed firearm without a license indicates intent to use it unlawfully against a person, in violation of our Carrying a Weapon statute.
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June 24, 2018, 10:17 AM | #2 | |
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June 26, 2018, 10:53 AM | #3 |
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In my experience, in California, while AG opinions are accorded respect by the courts, they are not binding. I have a read great many published (binding precedent) opinions where the the court’s decision was contrary to the AG’s opinion. I am not licensed to practice in Arkansas, and I do not know how much weight is accorded AG opinions by the courts there.
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June 26, 2018, 01:52 PM | #4 | |
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June 26, 2018, 05:59 PM | #5 | |
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June 27, 2018, 05:41 AM | #6 | |
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June 27, 2018, 09:52 AM | #7 | |
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June 27, 2018, 10:42 AM | #8 | |
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Good question. |
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June 27, 2018, 08:41 PM | #9 |
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Folks wound up in Cherokee Pass and I've made several trips down to visit believing that AR honored MO CCWs... Y'all er makin me nervous.
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June 28, 2018, 05:34 AM | #10 | ||
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June 29, 2018, 04:25 AM | #11 |
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Village... Cherokee Village, sorry.
Thank you Spats.
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