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Posted by / 15-Dec-2017 23:43

Determining culpability or potential culpability under Ark. § 5-73-120 is initially a matter for law enforcement following guidelines that routinely apply when investigating a misdemeanor involving the danger of forcible injury to persons. 2005), including: (1) the demeanor of the suspect; (2) the gait and manner of the suspect; (3) any information received from third persons; and (4) the suspect’s proximity to known criminal conduct.

A law enforcement officer may stop and detain any person reasonably suspected of violating § 5-73-120 if necessary to identify the person or determine the lawfulness of his or her conduct. While merely possessing a loaded handgun completely on its own is not enough for reasonable suspicion of a violation of § 5-73-120(a), possessing a loaded handgun in combination with just one additional factor may, depending on the circumstances, be enough to create reasonable suspicion of intent to unlawfully employ the handgun as a weapon (and thus reasonable suspicion of a violation of § 5-73-120(a)).

On Concealed Carry: Nothing in Act 746, § 5-73-120(a), or this opinion is intended to suggest a person may carry a concealed handgun in public without a properly issued concealed-carry license.

In fact, except during a journey, it is likely that the Arkansas Supreme Court would allow the presumption that a person who has flouted the concealed-carry regime in Arkansas law by possessing a concealed handgun without a concealed-carry license has the requisite unlawful intent for a violation of § 5-73-120(a). In my opinion, a person may not lawfully carry a concealed handgun in public without a properly issued concealed-carry license.

The practice of open carry, where gun owners openly carry firearms while they go about their daily business, has seen an increase in the U. Open carry is strongly opposed by gun control groups such as the Brady Campaign and the Coalition to Stop Gun Violence.

Broadly defined as not being hidden from common observation; varies somewhat from state to state.

Some states specify that open carry occurs when the weapon is "partially visible," while other jurisdictions require the weapon to be "fully visible" to be considered carried openly.

I believe this necessarily follows from the concealed-carry licensing scheme that predates Act 746 and that, in my opinion, was unaffected by Act 746.

The licensing requirement is recognized in the “concealed handgun” exception under § 5-73-120: Attorney General Leslie Rutledge has also stated that open carry may generate reasonable suspicion for an officer to stop and briefly detain a person [A]ny person who carries a handgun should be aware that a law enforcement officer might lawfully inquire into that person’s purpose.

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between one hour before sunrise and one hour after sunset). Persons with concealed carry licenses are exempt from local open carry restrictions. Utah allows unlicensed carry of a firearm in a vehicle (loaded handguns or unloaded long guns; loaded long guns in vehicles is prohibited).

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