Posted: 2/14/2014 10:40:56 AM EDT
| I remember when it changed that we must notify if carrying concealed. But where the heck is that written? |
Rule 3.2 Contact with law enforcement From: https://static.ark.org/eeuploads/asp/CHCL_rules_effective_date_010109.pdf ETA: From the other recent thread you posted asking about "must notify". Early onset alzheimers? 
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It appears that rule 3.2 is no longer on the books that is why I am asking. The current guidance is different. It's now 5-73-xxx and is not worded that way anymore. Now it says:
§5-73-315. Possession of license -- Identification of licensee. (a) Any licensee possessing a valid license issued pursuant to this subchapter may carry a concealed handgun. (b) The licensee shall: (1) Carry the license, or an electronic copy of the license in an acceptable electronic format, together with valid identification, at any time when the licensee is carrying a concealed handgun; and (2) Display both the license, or an electronic copy of the license in an acceptable electronic format, and proper identification upon demand by a law enforcement officer. (c) The presentment of proof of a license to carry a concealed handgun in electronic form does not: (1) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or (2) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation. HISTORY: Acts 1995, No. 411, § 2; 1995, No. 419, § 2; 2007, No. 827, § 102; 2013, No. 419, § 2. According to this statute it's only upon demand. If so when the hell did it get changed? Edit: I see two different regs in play here. Oh and top of that these, I do not believe, are rules for CCW holders but merely guidance for ASP on how they perceived how to handle CCW permits. These "rules" were extracted from ACA 5-73-xxx which are indeed different from the meaning. OKAY.......THIS IS HUGE! It appears we DO NOT have to Notify per 5-73-315 dated November 2013 as quoted above. Only upon demand. That ASP guidance is incorrect. |
Admin Rule 3.2, amended Nov 2013 -
Rule 3.2 Contact with law enforcement https://static.ark.org/eeuploads/asp/chclRulesRevisedNovember2013.pdf |
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Quoted:
Admin Rule 3.2, amended Nov 2013 - https://static.ark.org/eeuploads/asp/chclRulesRevisedNovember2013.pdf Quoted:
Admin Rule 3.2, amended Nov 2013 - Rule 3.2 Contact with law enforcement(a) While in possession of a concealed handgun, the licensee shall present the originallicense for inspection, along with an official form of photo identification, upon requestfor identification by any law enforcement officer.(b) In any official contact with law enforcement, if the licensee IS in possession of ahandgun, when the officer asks the licensee for identification (driver’s license, orpersonal information, such as name and date of birth), the licensee shall notify theofficer that he or she holds a concealed handgun carry license and that he or she has ahandgun in his or her possession.(c) In any official contact with law enforcement, if the licensee IS NOT in possession ofa handgun, when the officer asks the licensee for identification (driver’s license, orpersonal information, such as name and date of birth), the licensee shall not berequired to notify the officer that he or she holds a concealed handgun carry license anddoes not have a handgun in his or her possession.(d) An official form of photo identification shall be, but is not limited to, any of thefollowing:(1) Current and valid Arkansas driver's license;(2) Current and valid military identification card; or(3) Current and valid United States passport.(e) Reproduced copies of the official form of photo identification or copies of the originalconcealed handgun carry license shall not be accepted. https://static.ark.org/eeuploads/asp/chclRulesRevisedNovember2013.pdf What we have here is a failure to communicate!  Said Paul Newman ever.
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The Admin rules are the "official" ASP interpretation of the statutory legalese as it was relayed to me. So the ASP still says you have a duty to notify IF you
are asked for ID during an official contact. If you choose to do otherwise, it may work out for you in court but I would hazard a guess that it will be an entirely different story on the side of the highway. ETA: Or maybe the statutes are the legalese interpretation of the Admin Rules. Chicken...egg |
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Quoted:
The Admin rules are the "official" ASP interpretation of the statutory legalese as it was relayed to me. So the ASP still says you have a duty to notify IF you are asked for ID during an official contact. If you choose to do otherwise, it may work out for you in court but I would hazard a guess that it will be an entirely different story on the side of the highway. Yeah I understand that. And many if not most LE agencies follow the ASP guidance. But I will say there are plenty that are also ignoring their(ASP) input about Act 746 too. There are several discussions going on Facebook about Act 746 and this kinda popped up. Many were posting AR is NOT a must notify state. That surprised me because I assumed we were. Even AGFC rules were mentioned. |
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Quoted:
I might or might not have had "official contact" with an officer the other day. He couldnt have cared less whether i presented my CCL to him or not. I had one wednesday night. He said we must notify them that we have a chl whether we're carrying or not. I didn't argue though, truck cops are bad juju. |
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Quoted: I had one wednesday night. He said we must notify them that we have a chl whether we're carrying or not. I didn't argue though, truck cops are bad juju. Quoted: Quoted: I might or might not have had "official contact" with an officer the other day. He couldnt have cared less whether i presented my CCL to him or not. I had one wednesday night. He said we must notify them that we have a chl whether we're carrying or not. I didn't argue though, truck cops are bad juju. |