Ordinance being drafted to repeal gun prohibition at Ben Geren Park

Sebastian County Judge David Hudson said he is drafting an ordinance to repeal the county’s ban on firearms at Ben Geren Park.

Arkansas Carry contacted Sebastian County Judge David Hudson on May 7 asking him and the Sebastian County Quorum Court to repeal a county rule that bans firearms at Ben Geren Park.

“This Act expressly prohibits Sebastian County from enacting any code, ordinance or regulation concerning the ownership, transfer, transportation, carrying, or possession of firearms, but allows for ordinances prohibiting the discharge of firearms,” Arkansas Carry Vice Chairman Steve Jones noted in the May 7 letter.

It appears Jones and Arkansas Carry were correct.

Daniel Shue, prosecuting attorney for the 12th Judicial District, sent a letter to Hudson on May 11 saying that the county ordinance banning all firearms from Ben Geren Park must be repealed because it conflicts with Arkansas law. Shue did note some exceptions, including a state law that prohibits concealed carry of a handgun at any athletic event not related to firearms. Shue said this law would prevent concealed carry of a handgun at the “numerous athletic events” held at Ben Geren Park.

“As a matter of housekeeping, the Ordinance probably needs to be repealed, but that is a matter for the Sebastian County Quorum Court since the regulation is of no effect,” Shue noted in the letter to Judge Hudson.

Shue also cites a 2003 opinion from then-Attorney General Mike Beebe saying it is lawful for a person with a concealed carry handgun permit to carry a handgun to a park.

“It should be repealed immediately,” Jones told The City Wire on Tuesday. “Also, the signs should come down because they do not conform to current state law. This should also be done immediately. The Quorum Court should take action on both of those items at their next meeting.”