Open gun carry debate continues

The fight over whether citizens can carry firearms openly has continued as the group Arkansas Carry this week released another press release stating that they believe the state will become a "Constitutional Carry" state when Act 746 takes effect on Aug. 16.

The group said it believes Arkansas citizens can open carry and concealed carry without a permit in places where guns are allowed by law.

"Arkansas carry believes there is no state law that bans open carry while legally carrying a handgun without a permit."

The group has said it believes the office of Attorney General Dustin McDaniel should issue an opinion on the matter "so officers will be trained as to how open carry and concealed carry is now legal without a permit in the state."

When previously contacted by The City Wire on this matter, a spokesman for the Arkansas Attorney General's office said the office would not comment on the issue, explaining that it was prohibited from engaging in any speculative interpretation of specific laws.

Bill Sadler, a spokesman for the Arkansas State Police, said his agency was working with legal counsel to determine the intent of the law.

"I can only speak for the Arkansas State Police. There is some continuing research that is on its way. Until that is done, the troopers will be advised of what the interpretation of the law is and will be given that information prior to the effective date."

Sebastian County Sheriff Bill Hollenbeck said Thursday (June 27) his colleagues across the state were planning to seek the opinion of the Attorney General instead of relying solely on the opinion of local prosecuting attorneys or other legal counsel.

"It was written in such a way that it is not clearly defined," he said.

Should the sheriff's department not have an opinion from the attorney general prior to Aug. 16, Hollenbeck, who is a proponent of concealed carry, said he will instruct his deputies to use discretion regarding arrests or citations.

Fort Smith Police Chief Kevin Lindsey said his officers would be instructed to enforce the law, though he said Act 746 is still under review by his department.

"It's going to require us to get some guidance from the local prosecuting attorney. As you have already found out, there are some questions that arise and some things that affect how we react to those different scenarios."

Fayetteville Police Lt. Jamie Fields said all Act 746 did was provide "a technical revision" to the current laws. And she said it would not change how she and her fellow officers do their jobs.

"We will respond to violations of Arkansas law as we have done in the past unless or until the attorney general or prosecutor tell us differently. …Concealed carry is still the law. I don't know where they get (their interpretation of the law providing for open carry)."

Lt. Derek Hudson, who heads the Springdale Police Department's public information office, said his understanding of the law, though not the department's policy, was that it would decriminalize certain firearm possession.

"My understanding is now if you're caught with a firearm in your car, you can be charged with a misdemeanor. My understanding is the law was intended to eliminate that. If you're not using that in a crime, you have the constitutional right to carry. It's not to say that you can strap on a big gun (to your waist), but I'm not positive about it."

Hudson said the department is working with the prosecuting attorney's office to determine a firm policy on the matter.

"We'll enforce whatever the law is," he said, adding that the department would provide its updated policy to The City Wire once the department and the prosecutor have had a chance to review and properly interpret the law.

Sissy Rogers with the Bentonville Police Department said the department had no comment on the matter.