Arkansas To Become Fifth State with Constitutional Carry

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n2sooners

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In July of this year, Arkansas will become the fifth state in the United States to allow Constitutional carry. Act 746, which was sponsored by Representative Denny Altes of Fort Smith, cruised through the state government with only one “nay” vote in the legislature and it received Governor Mike Beebe’s signature on April 4th.

The gun rights group Arkansas Carry explains that Constitutional carry is when a state does not have any laws that limit a person’s ability to carry a firearm, either openly or concealed. Essentially, the only justification a gun owner needs is the US Constitution.

The new law completely reverses the burden of proof in most states. Gun owners in most states have to carry around a permit that proves that they can legally carry firearms. In Constitutional carry states, the burden of proof falls on state prosecutors to prove that citizens are carrying a gun with the intent of committing a crime.

Act 746 also decriminalizes firing a gun for self-defense. Previously, it was unlawful for a person to carry a gun with the intent of using it on another person – by that definition, a legitimate case of self-defense would be illegal. The new law changes the wording so that it is illegal for anybody to carry a gun with the intent of unlawfully using it on another person.

Arkansas is following in the footsteps of Vermont, Alaska, Arizona, and Wyoming, the only other four states that maintain Constitutional carry laws. Certain parts of Idaho, Montana, Illinois, and New Mexico also have Constitutional carry laws.

This marks a major victory for gun rights advocates in the Natural State, but Arkansas Carry urges Arkansans not to jump the gun, so to speak. The organization writes, “Arkansas Carry suggests that citizens consult a lawyer before carrying a handgun in public after the act takes effect. Being a new law, Act 746 is untested by the courts, and law enforcement officials are not completely aware of the implications as it pertains to the carry of handguns. Arkansas Carry’s interpretation of this law cannot be held as legally binding, and prosecutors may construe the law differently.”

source

Just did some poking around and found out it would take 155,216 signatures in 90 days to put a constitutional amendment on the ballot in Oklahoma.
 

n2sooners

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It's 15% of the total votes cast in the last gubernatorial election. If you wanted to just go for a statute it would take 82,782 signatures (8%). Not counting the buffer needed for signatures that would be thrown out of course.
 

rebel-son

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There are high hopes for Arkansas. They usually go conservative in the natinoal Presidential election but have had a dem state congress for years. They finally dumped them and have a republican congress in the state. THey also got rid of Blanche Lincoln and If they are smart will dump Pryor. I think that they will probably be done with democrat governors in the state as well
 

NightShade

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So would that apply to an Oklahoma resident carrying in Arkansas, I would I still need an OK carry permit?

It depends on how the exact law was written. I carried in Arizona and actually spoke with a Phoenix officer for a bit at one point. He said to enjoy carrying while I was there. (I am not permitted as of yet nor was I then though I am taking the class this month)

Basically I would figure that yes you could carry based on how their law sounds without an OK permit. It's kinda like a drivers license. Just because you are licensed in one state doesn't mean to drive in another state you have to get that state's license and the fines for infractions can be different as well as how stops are handled different based on the state/jurisdiction you are in.
 

tRidiot

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Wow... first I've heard of this. Always a PITA for me to take off my OC when I'm crossing over into Arkansas. And of course, their previous rule forbidding one from carrying in a church was a major issue, as I routinely attend in Fort Smith. I'll need to do some more research to find out if that rule was repealed as well, or if a church is still a forbidden place, permit or no.
 

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