ARRA News Service
ARRA News Service facebook page  
News for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. All content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for or by this site - no paid ads accepted - no payments for articles. Fair Use doctrine is posted & used.
Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: editor@arranewsservice.com (Pub. Since July, 2006)
    Home Page

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Thursday, August 31, 2017

Cloud Over Arkansans Right To Carry A Handgun: Game & Fish Regulations

by Doug Ferguson: Complaints are boiling over among some gun owners concerning the Arkansas Game and Fish Commission clamping down on carrying loaded handguns in game management areas, but more significantly concerning AGFC regulations that ignore Act 746 of 2013, which affirmed your right to carry a handgun.

I haven’t been carrying a handgun, but my interest in the subject was piqued when someone posted AGFC regulations on the Facebook group Patriots of Act 746 and I read the regulations for myself. The regulations are quoted below for you to see too.

While I would hope there would be few, if any, situations in which a wildlife officer would be tempted to use the regulations to penalize a person based solely on the person exercising his or her right to carry a handgun, the regulations are written so broadly as to have a chilling effect on lawful conduct under Act 746. It is understandable that Second Amendment advocates would be concerned by the AGFC’s failure to modify the regulations to factor in Act 746, especially since it has been four years since the passage of Act 746.

For the purpose of this discussion, I will look at what the regulations “say” as opposed to how I would hope the regulations would be enforced.  As written, the AGFC regulations are overly broad and need revision, at least to acknowledge Act 746.

If you are a gun control advocate, you may like the uncertainty the regulations cause.

AGFC REGULATIONS VERSUS ACT 746
Act 746 affirmed your Second Amendment right to carry a handgun or have one with you in your vehicle by revising the offence of “carrying a weapon.” Under Act 746 the offense doesn’t apply UNLESS the government can prove you were carrying with the intent to UNLAWFULLY use it against another person(Read Act 746)

Let’s look at AGFC Regulations 01.00-F and 01.00-G. 01.00-F PRIMA FACIE EVIDENCE
The possession of any tackle, killing device, harvested wildlife or portions thereof in fields, forests, along streams or in any location known to be game cover, shall create a rebuttable presumption and shall be considered along with other evidence as prima facie evidence that the possessor is or has been hunting or fishing.

01.00-G BURDEN OF PROOF FOR VIOLATION EXCEPTIONS

In connection with any action alleging a violation of a Commission regulation, any person claiming the benefit of any exception or permit under this Code shall have the burden of proving that the exception or permit is applicable and was valid and in force at the time of the alleged violation.
Under the regulations the mere act of lawfully carrying a handgun gives rise to the rebuttable presumption that you are or have been hunting.  You have the burden to prove you weren’t hunting.

You may be carrying a handgun or have one with you in your vehicle for self-protection but under the presumption you could be charged with hunting illegally, unless you have the proper hunting license, are carrying the handgun at a permissible time for hunting, have the right kind of handgun if allowed for the hunting season, etc. If you can’t overcome the presumption you haven’t been hunting, you could face a fine, imprisonment, and loss of hunting privileges (assuming you are a hunter).  Plus, you have the expense of defending yourself in court.

The Arkansas Game and Fish Commission is an independent state agency created under Amendment 35 to the Arkansas Constitution.  Will Game and Fish really try to say it’s regulations are superior to Act 746, which is a general law not a hunting law? Or, has the commission just been avoiding a difficult task?

A CLOSER LOOK AT THE REGULATIONS
Burden of proof: Stopping poachers is an important function.  As a land owner I appreciate the commission watching for poachers. The AGFC regulation is a tool to catch poachers, but the problem is the regulation is so broad it can ensnare people who are lawfully carrying a handgun for self-protection or who are otherwise lawfully carrying the handgun and not hunting.

It could be argued the task of catching poachers would be much harder if the gun owner didn’t have the burden of proving he or she was not and had not been hunting. Yet, the same argument could be used for a violation of any law.

Applies nearly everywhere: The regulations are written so broadly they apply even if you are nowhere near the woods. As written, the AGFC regulations can apply even in urban areas. Regulation 01.00-F says it applies if you are carrying a firearm in: (1) a field, (2) a forest, (3) along a stream, or (4) in any location known to be game cover. Even in the city of Little Rock deer roam through some neighborhoods, which would be a “location known to be game cover.” And, it is not just deer.  What about squirrels or rabbits in the city?  It is farfetched to think wildlife officers would try to penalize you for carrying a handgun in a city.  Yet, that possibility under the regulation demonstrates how overly broad the regulation is written.

Reasonable enforcement. It could be reasonably contended that wildlife officers will enforce the regulations in a reasonable manner and are not looking to bother people who are not hunting. The integrity of wildlife officers is not at issue. The issue is the overly broad regulation itself.  You should not have to worry about even a remote possibility of being charged with hunting illegally just for carrying a handgun legally under Act 746.

Short barreled handguns. There has been some discussion on social media that perhaps AGFC wildlife officers would not declare you to be hunting unless the barrel of your handgun is four inches long or longer. The idea is a barrel of at least four inches is needed for hunting.

Act 746 says nothing about barrel length.  It recognizes your right to carry a handgun regardless of what the handgun looks like.

Concealed Carry License. There has also been discussion that perhaps a concealed carry license (and a barrel shorter than four inches) will keep you on the good side of the AGFC.

Act 746 is not based on whether you have or don’t have a concealed carry license.

Any Firearm. In reviewing the broadly written regulations, it is evident the regulations presume the carrying of ANY firearm is hunting. As written, in the following examples you are PRESUMED to be hunting UNLESS you can prove you were not.
  • Carrying a truck gun for self-protection
  • Carrying a firearm by a farmer who needs to have it available for NON-GAME varmints causing problems on the farmer’s property
  • Carrying a firearm while traveling to or from target practice or sighting in your rife.
Possessing a firearm in all these examples runs at least some risk of you having to prove you weren’t hunting to a wildlife officer and if that doesn’t work, to a court. Again, I am not writing about how wildlife officers are likely to enforce the regulations, and instead am looking at what the regulations say.

Handgun Owners and the AGFC
Are Act 746 supporters just being paranoid worrying about Arkansas Game and Fish regulations?  I don’t think so.  These are not poachers and they are diligent in learning their rights. In trying to learn about their rights they have encountered a badly written and overly broad regulation.

Are AGFC commissioners out to infringe your rights? I don’t think so. It seems to me they inherited very poorly written regulations and have been reluctant to take on the significant task of conforming their regulations to Act 746.

What Do You Think?
I think the regulations need to be rewritten to acknowledge Act 746 and to more narrowly describe the conduct that should be penalized – poaching. These are my thoughts. What are your thoughts on the regulations? Do you agree, disagree, or have additional concerns about the regulations?

If your prospective on the issue comes as a gun control advocate or as a PETA member who hates hunting, sorry but Arkansas law acknowledges the right to carry a handgun and also acknowledges the right to hunt under the regulations of the AGFC.

Here is a link to Act 746. The AGFC regulations are quoted above. Read both and make up your own mind. Also, consider the Second Amendment which says: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
-------------------
David Ferguson is a former Director of Arkansas’ Bureau of Legislative Research, having a thirty-two-year career as an attorney for the Arkansas legislature. After retirement from state service his primary focus has been beef cattle farming. He is also a former officer of Conduit for Action.

Tags: David Ferguson, Conduit for Action, Cloud Over, Arkansans, Right To Carry, A Handgun, Game & Fish Regulations To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 8:30 AM - Post Link

2 Comments:

Anonymous Chuck Chatham said...

Although I have not done so this year, a check of the regulations concerning muzzle loading hunts specifically stated that persons with CHCL could carry, but could not use their handgun to harvest game during muzzle loading hunts. That implies that it is an exception to the "presumption" in their regulations. In most cases a 4" or less ccw is certainly not a very effective harvester for game.

9/09/2017  
Anonymous Anonymous said...

My home and property is surrounded by wild life cover. The entire state is primarily good for cover for one or another kinds of wildlife. Unfortunately, many areas of the state, including the area in which I live, are also cover for criminals of all kinds. I conceal carry at all times, and often open carry. Our cattle, horses, domestic pets, and other owned animals in this area are subject to predation by coyotes, bears, cougars, rustlers, and just plain mean, vicious people who shoot from passing vehicles at ANY animal available. So, will AG&F regulations prevent me from carrying the hand gun of my choice to protect myself, my family, and my animals simply because I live in a wooded area (which is heavily hunted)?- Mike Blakney, Bismarck.

9/20/2017  

Post a Comment

<< Home


National Debt
Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You will receive a verification email
& must validate you subscribed!

You Then Receive One Email Each AM
With Prior Days Articles / Toons / More


Also, Join us at:
Facebook.com/ARRANewsService


Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru - @arra
#Christian Conservative; Retired USAF & Grad Professor. Constitution NRA ProLife schoolchoice fairtax - Editor ARRA NEWS SERVICE. THANKS FOR FOLLOWING!

Action Links!
Arkansas State Senators
AR State Representatives
Arkansas Governor Office
Arkansas Attorney General
Bankrupting America
US House of Representatives
US Senators
Family Research Council
GrassFire
NumbersUSA
Ballotpedia
Judgepedia
Sunshine Review

Facebook Accts - Dr. Bill Smith
Pages:
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire 4 Life
Republican Liberty Caucus of Arkansas
The Gold Standard
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Let's Mine AR Lignite NOW!
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.

Patriots
Exchange
Links

Request Via
Article Comment

Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
Americans for a Free Republic
America's Best Choice
America's Whatchtower
An Ol’ Broad’s Ramblings
ARRA Twitter
As A Matter of Fact
As The Crackerhead Crumbles
Baaad Media!
Black & Right
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report
Chuck Baldwin - links
Citizen Pamphleteer
Common Cents
Conservative Hideout
Conservative Observer AZ
Conservative Voices
Conway Real Deal
Defeat Obama's Agenda
Diana's Corner
eGOP News
Florida Pundit
Franklin Online Outreach
Freedom For US Now
Free Zone Media Center
For God and Liberty
Garland County Republicans
Greater Fitchburg For Life
Guns and Religion
Lasting Liberty Blog
Liberal Isn't Amy
Liberty's Lifeline
Maggie's Notebook
Marathon Pundit
Monkey in the Middle
NASA Satellites
No Runny Eggs
Okie Campaigns
Our Voices Arkansas
Patriot's Corner
ProLifeBlogs
Publius Forum
Randy's Roundtable
Real Debate Wisconsin
Religion and Morality
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Secure Arkansas
Sentry Journal
Sultan Knish
Teresamerica
Stop Obama Satire & Cartoons
The Arkansas Patriot
The Audacity of Logic
The Blue Eye View
The Bobo Files
The Born Again Americans
TEA Party Cartoons
The Conservative Citizen
The Foxhole | Unapologetic Patriot
The Liberty Republican
The Lid
The Looking Spoon
The Maritime Sentry
The O Word
The Path to Tyranny Blog
The Real Polichick
The War on Guns
TOTUS
Truth About Obamacare
Twitter @ARRA
Warning Signs
Women's Prayer & Action
WyBlog

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
Accuracy in Media (AIM)
American Committment
American Culture & Faith Institute
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Declaration of Am. Renewal
Eagle Forum
FairTax
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Freedom Works
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
Heritage Action for America
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Intercollegiate Studies Institute
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
OathKeepers
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Union Facts



Blogs For Borders

Reject the United Nations

Adopt Our Troops in Prayer


Thousands of Deadly Islamic Terror Attacks Since 9/11

FairTax Nation on FaceBook
Friends of Israel - Stand with Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to The Free Dictionary

Powered by Blogger


  • How To Exchange Links!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting the beliefs associated with the ARRA, this blog/site is not controlled by nor funded by the ARRA. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2017 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.