NCJ Number
40563
Date Published
1976
Length
14 pages
Annotation
THE PROVISIONS OF ARKANSAS LAW RELATING TO POSSESSION OF HANDGUNS, KNIVES, CLUBS AND OTHER ARTICLES CAPABLE OF BEING USED AGAINST PERSONS ARE DISCUSSED IN ORDER TO DETERMINE THE SUITABILITY OF PRESENT LAWS.
Abstract
THIS STAFF REPORT OUTLINE, PREPARED BY THE ARKANSAS LEGISLATIVE COUNCIL RESEARCH DEPARTMENT OF THE JOINT INTERIM COMMITTEE ON JUDICIARY OF THE ARKANSAS GENERAL ASSEMBLY, EXAMINES THE SECOND AMENDMENT OF THE U.S. CONSTITUTION. CITIZENS HAVE THE RIGHT TO KEEP AND BEAR ARMS ACCORDING TO SOME INTERPRETATIONS OF THIS AMENDMENT. ARTICLE 2, SECTION 5, OF THE ARKANSAS CONSTITUTION AND OTHER STATE GUN CONTROL STATUTES ARE DISCUSSED. THE PROVISIONS OF ACT 696 OF 1975 DELINEATES THE DEFENSES FOR CARRYING A WEAPON IN ARKANSAS. A QUESTIONNAIRE WAS SENT TO MUNICIPAL AND CIRCUIT COURT JUDGES WITH CRIMINAL JURISDICTION, ASKING THEIR COMMENTS AND OPINIONS ABOUT ACT 696. AMONG THE 70 JUDGES WHO RESPONDED, 67 PERCENT THOUGHT THAT THE PROVISIONS OF THE ACT WERE VAGUE AND INDEFINITE; 77 PERCENT THOUGHT THAT IT WOULD BE DIFFICULT TO CONVICT ANYONE UNDER THE ACT. THE ARKANSAS LEGISLATURE MAY NEED TO CLARIFY CERTAIN PHRASES WHICH APPEAR IN THE ACT. A BRIEF STATEMENT ABOUT EACH OF THE FOLLOWING WEAPONS OFFENSES IS INCLUDED: (1) POSSESSION OF AN INSTRUMENT OF CRIME; (2) POSSESSION OF FIREARMS BY A FELON OR MENTAL DEFECTIVE; (3) CRIMINAL USE OF PROHIBITED WEAPONS; (4) DEFACEMENT OF A FIREARM; (5) CRIMINAL POSSESSION OF EXPLOSIVES; (6) FURNISHING OF A DEADLY WEAPON TO A MINOR; (7) SALE OR DISPOSAL OF CERTAIN WEAPONS; (8) SITUATIONS UNDER THE UNIFORM MACHINE GUN ACT; (9) POSSESSION OF TEAR GAS; (10) CARRYING OF A KNIFE AS A WEAPON; AND (11) PURCHASE OF RIFLES, SHOTGUNS, AND AMMUNITION. NOTES ARE PROVIDED AND A LETTER FROM THE ARKANSAS JUDICIAL DEPARTMENT TO SENATOR RALPH PATTERSON REGARDING ACT 696 OF 1975 AND THE QUESTIONNAIRE ARE APPENDED. (JSP)