Arkansas Attorney General Leslie Rutledge says there is no penalty for carrying a concealed handgun without a concealed-carry license. General Rutledge made the statement late last week in response to a request for a formal opinion from State Senator Linda Collins-Smith of Pocahontas filed in late January.However, General Rutledge goes on to say it is incredibly important for Arkansans to have a complete and accurate picture regarding the potential consequences of carrying a concealed handgun without a concealed-carry license.
She says given the current state of the law, carrying a concealed handgun without a concealed-carry license could expose a citizen to conviction for the offense of carrying a weapon.
At the time she made the request for the AG opinion, Collins-Smith, whose district covers Fulton and Izard counties, as well as Sharp, Independence and Randolph, said the right to carry was clear to her.
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In her interview with KTLO, Classic Hits and The Boot news earlier this year, Collins-Smith referenced an article Conduit for Action written by David Ferguson, former Director of Arkansas’ Bureau of Legislative Research. Ferguson had a 32-year career as an attorney for the Arkansas legislature.
Ferguson said confusion was created with some people saying the mere fact Arkansas has a concealed handgun law means one must have a license to conceal carry. The problem with the argument, Ferguson says, is it is based on an assumption and not on what the concealed handgun law says.
General Rutledge in her opinion AG opinion says while there are, of course, expressed penalties associated with carrying a concealed handgun into certain limited locations, there is no provision on the more generic situation of an average citizen walking down a public sidewalk with a concealed handgun.
However, General Rutledge says current case law from the Arkansas Supreme Court indicates courts might apply a presumption a person carrying a concealed handgun without a concealed-carry license has the intent to attempt to unlawfully employ the handgun as a weapon against a person.
She says to be clear, she is not saying she agrees with the application of this presumption, but it is her responsibility to alert Arkansans current court precedent suggests the presumption might be used. This presumption, if applied, could expose the person to arrest and conviction.
Rutledge says the courts may also conclude carrying a concealed handgun without a concealed-carry license provides reasonable suspicion (and potentially probable cause) for a law-enforcement officer to detain a citizen and make inquiries regarding his intent.
She says as she pointed out in 2015, legislators can easily change or clarify the law. Legislators can, by a vote of the General Assembly, make absolutely clear a person may lawfully possess a concealed handgun in Arkansas without obtaining a concealed-carry license. Rutledge says Arkansans would benefit from additional legislative clarity in this area.
In his earlier article, Ferguson noted in 2013 the offense of carrying a weapon was changed so Arkansans werent in violation of carrying a handgun unless a prosecutor could show they intended to employ the handgun unlawfully against a person. Ferguson says it was soon recognized the 2013 law allowed for openly carrying if the individual wasn’t in a place where handguns were prohibited by law or by the property owner.
He says confusion was created with some people saying the mere fact Arkansas has a concealed handgun law means one must have a license to conceal carry. The problem with the argument, Ferguson says, is that it is based on an assumption and not on what the concealed handgun law says.
Senator Collins-Smith says the permit process is simply a way to make money for Arkansas State Police.
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In the fiscal year ending June 30, 2017 the concealed carry permit program generated $2.8 million.
Ferguson says even without being required, the concealed handgun license still has value. The license still has benefits in that several states recognize the Arkansas license and, therefore, the license is beneficial to those who want to concealed carry in their state.
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