National Carry AcademyTraveling in a Vehicle with a Firearm without a Arkansas Permit
January 8, 2016
Arkansas Code Annotated 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 attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.
(b) As used in this section: (3) “Journey” means travel beyond the county in which a person lives;
(c) It is permissible to carry a handgun under this section if at the time of the act of carrying a weapon: (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;
Note – the law does not specify how the firearm should be carried or the specific destination of a journey. There is a court case that defined journey with the State of Arkansas.
Johnson v. State, 252 Ark. 1113, 482 S.W.2d 600 (1972). A journey has long been defined as where one travels a distance from home sufficient to carry him beyond the circle of his neighbors and general acquaintances and outside of the routine of his daily business…. “The prohibition was designed to stop the carrying of weapons among one’s habitual associates; the exception was designed to permit it when necessary to defend against perils of the highway to which strangers are exposed, and that are not supposed to exist among one’s own neighbors.” Ellington v. Denning, 99 Ark. 236, 237, 138 S.W. 453, 453 (1911) (quoting Hathcote v. State, 55 Ark. 181, 185, 17 S.W. 721, 722 (1891). The court in Hathcote also stated that, “while we cannot state an unbending rule by which to define the scope of the exception, it should in every case be interpreted in the light of good sense and with regard to the spirit and intent of the statute.
Traveling in a Vehicle with a Firearm without a Arkansas Permit
January 8, 2016
Arkansas Code Annotated 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 attempt to unlawfully employ the handgun, knife, or club as a weapon against a person.
(b) As used in this section: (3) “Journey” means travel beyond the county in which a person lives;
(c) It is permissible to carry a handgun under this section if at the time of the act of carrying a weapon: (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;
Note – the law does not specify how the firearm should be carried or the specific destination of a journey. There is a court case that defined journey with the State of Arkansas.
Johnson v. State, 252 Ark. 1113, 482 S.W.2d 600 (1972). A journey has long been defined as where one travels a distance from home sufficient to carry him beyond the circle of his neighbors and general acquaintances and outside of the routine of his daily business…. “The prohibition was designed to stop the carrying of weapons among one’s habitual associates; the exception was designed to permit it when necessary to defend against perils of the highway to which strangers are exposed, and that are not supposed to exist among one’s own neighbors.” Ellington v. Denning, 99 Ark. 236, 237, 138 S.W. 453, 453 (1911) (quoting Hathcote v. State, 55 Ark. 181, 185, 17 S.W. 721, 722 (1891). The court in Hathcote also stated that, “while we cannot state an unbending rule by which to define the scope of the exception, it should in every case be interpreted in the light of good sense and with regard to the spirit and intent of the statute.