Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Site Notices
Posted: 6/2/2008 5:40:39 PM EST
[Last Edit: 6/2/2008 5:41:30 PM EST by Hebrew_Battle_Rifle]
...prohibiting the carrying of a loaded long gun in your vehicle? How about a County ordinance (Pulaski Co)?
Link Posted: 6/2/2008 6:08:52 PM EST
[Last Edit: 6/2/2008 6:09:12 PM EST by Tweeder]
never heard of one. i've only heard that AGFC "frowns" on the practice......but as i figure, if i ain't hunting, they can suck my left nut.
Link Posted: 6/2/2008 6:20:40 PM EST
[Last Edit: 6/2/2008 6:27:09 PM EST by Hebrew_Battle_Rifle]
I was treated to a felony stop with full pat down, sidearm removed ( I have a CHL) and had my truck searched all because a cop saw my FNs in the front seat and wigged out. ( I had gone as far as holding both of my hands out of the driver side window as he approached my vehicle.) Pulled over ( way out of his jurisdiction) for expired tags. He called for back up, "declared" me a threat. Etc. I won't go into all of the silliness that ensued, but if it had not been for a police officer that I went to highschool with showing up and reining these two in, I would have gone to jail, had my truck and guns impounded, etc. All because he saw two of my FNs in the front seat. (Loaded mags inserted with bolt locked to the rear.)

He asked me what permitted me to have these rifles in my truck. ( I am not kidding) He asked myriad stupid questions. I credit Jesus with granting me the power to keep my mouth shut. I also credit HIM with motivating the cool headed police officer to show up and intervening in my behalf.
Link Posted: 6/3/2008 2:51:27 AM EST
living proof that it can turn from shooting fun into a bad, bad scene really quickly now days.
Link Posted: 6/3/2008 2:54:27 AM EST
[Last Edit: 6/3/2008 2:56:02 AM EST by cajunboy]
A couple of months ago, Shooters101 and I were driving to a 2 gun match. I looked in the rear cab of his truck at everything we had and asked him, "I wonder what would happen if we got pulled over?"


IIRC, there is one prohibiting a loaded rifle in a vehicle in Arkansas.
Link Posted: 6/3/2008 5:40:25 AM EST
Link Posted: 6/3/2008 11:21:17 AM EST
Just keep it cased.
Link Posted: 6/4/2008 8:50:18 AM EST
YES Its is against the law to carry a loaded longgun in your vehicle. They are not covered under your CCW, ( barrel under 12 inches, designed to be fired with one hand) Its basically the same charge as "Carring a Weapon" Even though it isnt specificly listed. As it is a "deadly weapon as defined in 5-1-102 (4)a&b. I will try and find the Statute number and post it. I'll have to dig the Criminal Code book out of my bag and dust it off.

I know there is a State Code against possessing a loaded Centerfire in certian area's in certian countys, but I will have to look that up as well.



Link Posted: 6/4/2008 9:26:54 AM EST
heh, guess i was wrong.....

good thing i've never decided to test the theory
Link Posted: 6/4/2008 4:29:14 PM EST
[Last Edit: 6/4/2008 5:04:11 PM EST by Hebrew_Battle_Rifle]
If it is not specifically listed, then it isn't covered by that statute. Arkansas law is interpreted as such that nothing is intended that is not clearly defined.


I just reread the 26th edition of the State Laws and Published Ordinances - Firearms that was provided to me by the ATF when I received my C&R license. There is not ONE statute that even remotely prohibits or even regulates the carrying of long guns in this state.

When I carry my rifles, the chamber is empty. How can a firearm be loaded with an empty chamber?


ETA: Having reread this post, it occured to me that my wording could be taken as hostile. No such thing was intended.
Link Posted: 6/4/2008 6:29:05 PM EST
I will try to have the statute number and details tomorrow to clear this up.

If you have a Mag in the rifle with rounds in it, it can still be considered loaded. It is stll "readily deployable"

But hey do what you want Bro.

Link Posted: 6/5/2008 12:02:46 PM EST
Are you referring to 5-73-120?


5-73-120. Carrying a weapon.

(a) A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to employ the handgun, knife, or club as a weapon against a person.

(b) As used in this section:

(1) “Club” means any instrument that is specially designed, made, or adapted for the purpose of inflicting serious physical injury or death by striking, including a blackjack, billie, and sap;

(2) “Handgun” means any firearm with a barrel length of less than twelve inches (12²) that is designed, made, or adapted to be fired with one (1) hand; and

(3) (A) “Knife” means any bladed hand instrument that is capable of inflicting serious physical injury or death by cutting or stabbing.

(B) “Knife” includes a dirk, sword or spear in a cane, razor, ice pick, throwing star, switchblade, and butterfly knife.

(c) It is a defense to a prosecution under this section that at the time of the act of carrying a weapon:

(1) The person is in his or her own dwelling, place of business, or on property in which he or she has a possessory or proprietary interest;

(2) The person is a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties;

(3) The person is assisting a law enforcement officer, correctional officer, or member of the armed forces acting in the course and scope of his or her official duties pursuant to the direction or request of the law enforcement officer, correctional officer, or member of the armed forces;

(4) The person is carrying a weapon when upon a journey, unless the journey is through a commercial airport when presenting at the security checkpoint in the airport or is in the person's checked baggage and is not a lawfully declared weapon;

(5) The person is a licensed security guard acting in the course and scope of his or her duties;

(6) The person is hunting game with a handgun that may be hunted with a handgun under rules and regulations of the Arkansas State Game and Fish Commission or is en route to or from a hunting area for the purpose of hunting game with a handgun;

(7) The person is a certified law enforcement officer; or

(8) The person is in a motor vehicle and the person has a license to carry a concealed weapon pursuant to § 5-73-301 et seq.

(d) (1) Any person who carries a weapon into an establishment that sells alcoholic beverages is guilty of a misdemeanor and subject to a fine of not more than two thousand five hundred dollars ($2,500) or imprisonment for not more than one (1) year, or both.

(2) Otherwise, carrying a weapon is a Class A misdemeanor.

History. Acts 1975, No. 696, § 1; 1981, No. 813, § 1; A.S.A. 1947, § 41-3151; Acts 1987, No. 266, § 1; 1987, No. 556, § 1; 1987, No. 734, § 1; 1995, No. 832, § 1; 2003, No. 1267, § 2; 2005, No. 1994, § 293.
Link Posted: 6/5/2008 7:28:30 PM EST
Ok Here it is..Believe it, dont believe it, use it or dont..Im just putting out the information to the good folks of Arkansas..

And NO Hillbilly im refering to the "Carrying a weapon" statute.

Per our County DA the State Attorneys office and the State Attorney General.....

Under statute 5-73-104 subsection 6,,,you cannot carry a loaded rifle or shotgun in your vehicle. It is a Class B Felony.

Now having said that...the law is designed to catch badguys and not the average joe, but YOU CAN BE CHARGED.
This is basically an officers descretion call. There a a big difference between joe blow coming back from the range and having his 30.06 still loaded in the trunk, and someone riding around a nieghborhood at 2 in the morning with a loaded shotgun in the back seat. Use your heads.... If your caught with an AR-15 loaded in your back seat going to walmart your probably looking at some hard times.

Now personally I feel any Law Abiding person, cleared and trained should be able to carry what they feel they need to protect themselves...but not all cops are as understanding as I am...

Like I said....believe it or dont....but thats the law...

Link Posted: 6/6/2008 4:49:51 AM EST

Under statute 5-73-104 subsection 6,,,you cannot carry a loaded rifle or shotgun in your vehicle. It is a Class B Felony.


Unless it is a bomb, machine gun, or gun with a silencer it would be a Class D but that is beside the point.


Now having said that...the law is designed to catch badguys and not the average joe, but YOU CAN BE CHARGED. This is basically an officers descretion call. There a a big difference between joe blow coming back from the range and having his 30.06 still loaded in the trunk, and someone riding around a nieghborhood at 2 in the morning with a loaded shotgun in the back seat.


That sounds like the "if you have done nothing wrong, you have nothing to worry about" philosophy that we have been seeing a lot of lately. The way the law reads (included below), a tire iron or prybar could be grounds for arrest.

Officer discretion is a great thing and (in my opinion) should be used mostly when deciding to cut someone loose. However, a law this broadly written is an open invitation for abuse in that it tends to allow the officer to arrest at discretion.


5-73-104. Criminal use of prohibited weapons.

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any:

(1) Bomb;

(2) Machine gun;

(3) Sawed-off shotgun or rifle;

(4) Firearm specially made or specially adapted for silent discharge;

(5) Metal knuckles; or

(6) Other implement for the infliction of serious physical injury or death.

(b) It is a defense to prosecution under this section that:

(1) The defendant was a law enforcement officer, prison guard, or member of the armed forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or

(2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.

(c) (1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb, machine gun, or firearm specially made or specially adapted for silent discharge.

(2) Otherwise, criminal use of prohibited weapons is a Class D felony.
Link Posted: 6/6/2008 6:03:33 AM EST
law, hell......

that is a HIGHLY subjective statute, and by all rights should be ruled unconstitutional.


5-73-104. Criminal use of prohibited weapons.

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any:

(1) Bomb;

(2) Machine gun;

(3) Sawed-off shotgun or rifle;

(4) Firearm specially made or specially adapted for silent discharge;

(5) Metal knuckles; or

(6) Other implement for the infliction of serious physical injury or death.

(b) It is a defense to prosecution under this section that:

(1) The defendant was a law enforcement officer, prison guard, or member of the armed forces acting in the course and scope of his or her duty at the time he or she used or possessed the prohibited weapon; or

(2) The defendant used, possessed, made, repaired, sold, or otherwise dealt in any article enumerated in subsection (a) of this section under circumstances negating any likelihood that the weapon could be used as a weapon.

(c) (1) Criminal use of prohibited weapons is a Class B felony if the weapon is a bomb, machine gun, or firearm specially made or specially adapted for silent discharge.

(2) Otherwise, criminal use of prohibited weapons is a Class D felony.

History. Acts 1975, No. 280, § 3104; A.S.A. 1947, § 41-3104; Acts 1993, No. 1189, § 7; 2005, No. 1994, § 438.


(highlighted for clarity)

so, under that statute, it is a criminal offense if a person merely POSSESSES a "weapon" (subject to the definition of law enforcement) in any circumstance that said "weapon" COULD be used criminally. sounds exactly, to me, like saying that because i have a dick, i'm a rapist. bullshit.
Link Posted: 6/6/2008 3:57:28 PM EST
I'm Not disagreeing with either one of you. i acually argued with the state DA about how vague the statue was written. It does leave a lot to be interpreted. And could be used wrongly.

I highly suggested to him that the law be amended and a specfic entry be made to address this. He said they have had a lot of questions on this in the last year.

Dont get pissed at me...someone asked the question and i gave the answer. I am an americian and a 2nd Amendment supporter FIRST...and a COP 2nd.

Link Posted: 6/6/2008 4:16:40 PM EST
no offense taken.

but i wanna bitch-smack the fool that wrote that statute for being so damn stupid.

note, that is not a threat, just a wish...
Link Posted: 6/7/2008 2:19:21 AM EST
height=8
That sounds like the "if you have done nothing wrong, you have nothing to worry about" philosophy that we have been seeing a lot of lately.


And Hillbilly you seemed to have left out this part of my statement.......


height=8
Now personally I feel any Law Abiding person, cleared and trained should be able to carry what they feel they need to protect themselves...
Link Posted: 6/7/2008 5:13:48 AM EST
[Last Edit: 6/7/2008 6:58:07 AM EST by Hebrew_Battle_Rifle]
5-73-104. Criminal use of prohibited weapons.

(a) A person commits the offense of criminal use of prohibited weapons if, except as authorized by law, he or she uses, possesses, makes, repairs, sells, or otherwise deals in any:

A rifle is not a prohibited weapon.


I have a question. At what point does the right to bear arms have any meaning in this state?

So, according to medcop222 and the Attornies that he has consulted, since I have myriad firearms in my possession even as I type this, I am committing multiple counts of class D felonies.
Link Posted: 6/7/2008 7:19:00 AM EST

Originally Posted By medcop222:

That sounds like the "if you have done nothing wrong, you have nothing to worry about" philosophy that we have been seeing a lot of lately.


And Hillbilly you seemed to have left out this part of my statement.......



Now personally I feel any Law Abiding person, cleared and trained should be able to carry what they feel they need to protect themselves...


Take it easy, don't look for offense where there is none intended. I used only snips of your post for brevity.

My ire is not directed at you, but at a law than can be interpreted so broadly that the combo hatchet / hammer / pry bar that I carry in my pickup could be a violation. All it takes is a cop having a bad day and he decides to ruin yours.

Before you start thinking I am anti-cop, law enforcement was my career of choice 20 years and I majored in criminal justice in college for a while. (Then life interfered and it just never happened.)

Link Posted: 6/7/2008 9:12:40 AM EST
No Offense Hillbilly.... I was just clarifing that I wasn't one of those cops that thinks no-one should have guns but us.
Top Top