Arkansas Rep. Altes Prefiled Open Carry Bill
In-State Open Carry May Get 44th State!
But What About National Open Carry for Interstate Travel?
HOUSE OF REPRESTATIVES
Stricken language would be deleted from and underlined language would be added to the law as it existed prior to this session of the General Assembly.
State of Arkansas
88th General Assembly
Regular Session, 2011
A Bill HOUSE BILL 1051
By: Representative D. Altes
For An Act To Be Entitled
AN ACT TO BE KNOWN AS THE DEFENSE CARRY RESTORATION ACT; TO AMEND STATE LAW REGARDING THE CARRYING AND POSSESSION OF FIREARMS TO ENSURE ALL ARKANSANS HAVE THE RIGHT TO CARRY ARMS IN PUBLIC PLACES, UNLESS OTHERWISE PROHIBITED BY LAW, FOR SELF DEFENSE AND FOR OTHER PURPOSES; AND FOR OTHER PURPOSES.
THE DEFENSE CARRY RESTORATION ACT
REGARDING THE OPEN CARRY OF FIREARMS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code § 5-73-120(a), regarding the offense of carrying a weapon, is amended to read as follows:
(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, concealed handgun without a permit under § 5-73-301 et seq., 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, concealed handgun, knife, or club as a weapon against a person.
SECTION 2. Arkansas Code Title 5, Subtitle 6, Chapter 73, Subchapter 1 is amended to add a new section to read as follows:
5-73-134. Open carry of handguns generally.
(a) Except as otherwise prohibited, a person may openly carry a handgun as defined in § 5-73-120(b)(2) for any reason on his or her person or in a vehicle occupied by him or her.
(b)(1) As used in this section, “openly carry” means that the handgun is not hidden or concealed from view.
(2) “Openly carry” includes without limitation the carrying of a holstered handgun that is not otherwise hidden or concealed from view.
My Google News search for “Second Amendment” news scored a direct find on Fort Smith Gun Rights Examiner (Examiner.com) Steve D. Jones’ report on Arkansas Legislature Files Open Carry Bill.
Arkansas Legislature Files Open Carry Bill
Steve D. Jones
Fort Smith, Arkansas
Arkansas has now made it official – House Bill 1051 was pre-filed Tuesday by Representative Denny Altes of Fort Smith. HB1051, appropriately titled the Defensive Carry Restoration Act (DCRA), will restore the rights of citizens to freely carry handguns for self-defense.
This legislation (which will not affect the current Concealed Handgun Carry License Law in any way) is designed to allow open carry by the people of Arkansas without requiring an expensive permit. The carrying of a concealed firearm without a permit, however, will still be deemed illegal.
As I wrote about yesterday, the poor of this state will finally have their Second Amendment rights returned to them (upon passage of DCRA). No longer will the people of this state be required to wait weeks and months for the privilege of defending their lives. A right guaranteed to them by the Arkansas state constitution and by the Second Amendment will be restored. The meaning of the “journey” section of current handgun law will not be brought into question. This journey law and the phrase “otherwise readily available for use with a purpose to employ… as a weapon against a person” will not be in danger of being enforced at the whims and discretion of law enforcement. The carry law will be clear and concise for all (at least for openly carried handguns).
Carrying a weapon.
(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.
~ current Arkansas handgun code
The right to bear arms under DCRA (as previously mentioned) will come without a requirement to “buy” it with a permit. A holstered handgun will not be considered to be concealed in any way, unless the holster itself is covered or hidden.
As used in this section, “openly carry” means that the handgun is not hidden or concealed from view.
“Openly carry” includes without limitation the carrying of a holstered handgun that is not otherwise hidden or concealed from view.
Arkansas’s gun owners deserve their right to bear arms be restored to them. 43 other states enjoy the right to bear arms; the Defensive Carry Restoration Act will add Arkansas to the very long list.
Open Carry Map
What About the Federal Preemption Doctrine?
Can’t the Federal Preemption Doctrine override anti-Open Carry State laws to protect National Open Carry aspect of the Second Amendment and Ninth Amendment under the privileges and immunities clause of the Fourteenth Amendment?