Open carry questions continue

The issue of whether a person can legally carry a firearm openly has risen to public attention again with a recent statement from the state prosecutor, Scott Ellington, and one of the questions still left largely unanswered regards where open carry is allowed and where it may be prohibited.

As interpreted by www.opencarry.org, "Carrying handguns openly or concealed in a vehicle or on foot no longer requires any justification, defense, or permit.

The limitations placed upon CWP holders at Arkansas Code § 5-73-306 are no longer applicable as no permit is required to carry concealed handguns in Arkansas. However, firearms are still prohibited in federal buildings such as post offices, state revenue buildings, welfare/human services buildings, during court sessions and council meetings."

Schools and businesses that wish to prohibit firearms must amend their policies and place signs on their buildings. Many local businesses have yet to make a decision as to whether firearms are allowed, and some of those prohibiting them have yet to post signs.

Blytheville Public Schools prohibits open or concealed carry of firearms. Gosnell Schools' firearm policy is currently under review. Arkansas Northeastern College prohibits open or concealed firearms on campus but "does not prohibit firearms in vehicles as some students have to travel considerable distances to attend college," said Dr. Jim Shemwell, Vice President of ANC.

Mississippi County Prosecutor Curtis Walker supported Ellington's statement on the issue.

"We have to anticipate that there will be individuals in our jurisdiction who will want to wear a firearm in open view or carry openly. My office will not be prosecuting cases unless we can prove the individual carrying the weapon with a purpose to attempt to unlawfully employ it against another person," he said.

Walker stated that buildings like the courthouse and secondary mail carriers such as FedEx and UPS are not federal buildings and to prohibit firearms they must post signs stating such.

"These signs do carry the power of the law, it is wise for citizens to abide by them, especially for banks and courthouses," said Walker.

Blytheville's local Walmart Super Center declined to comment on the issue; they to have no signs prohibiting firearms.

Mississippi County Sheriff Dale Cook commented on the issue, saying, "The law has many gray areas and discrepancies that are not clear. However, I do believe that people should have a right to possess a firearm and the right to defend themselves but, I think they should be properly trained in handling them and should not use them for 'show.'"

Cook hopes that the holes in the law will be filled when the Legislator meets again in 2017 for review of laws and bills.

"Until then all persons carrying a firearm should take it upon themselves to safely carry firearms and receive training and should abide by firearm prohibition signs," said Cook.

kevans@blythevillecourier.com