Gun March In Springdale Misses Mark

Tuesday, December 3, 2013

Have Gun, Will Travel,” the television Western featuring Richard Boone, hasn’t aired since 1963, but the title might see a revival of sorts if some Arkansans get their way.

Boone’s character, Paladin, would fit in with Northwest Carry, a group of gun advocates that took a defiant stroll down Thompson Street on Nov. 23. The walk was designed to make a political statement, to reinforce the reality that a segment of the population wants to openly carry handguns in public and their contention state lawmakers made open-carry legal.

It is possible to support a Second Amendment right to own firearms while opposing, as we do, the notion gun owners should carry their handguns for the world to see. It’s very much like supporting the First Amendment’s right to free speech while not advocating one’s use of profanity in the middle of Sunday worship.

Some advocates argue the only law they need is the Second Amendment to the Constitution.

That’s not really the current debate in Arkansas, however. The focus here is Act 746, approved by the Legislature this year. It amended existing state law that defines “carrying a weapon.” According to the new definition, a person commits that crime if he “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.”

Anyone who does not have the intent to unlawfully employ the handgun, the argument goes, can carry it without breaking the law.

Application of the law, however, is not so simple. The intent of the Legislature is crucial when the courts start interpreting law. In this case, why wouldn’t the Legislature have simply passed a bill that said open carry of firearms is legal in Arkansas? Indeed, a clear, straightforward bill to do just that failed in the last legislative session.

If it was so clear cut, these gun owners wouldn’t be out politicking by marching together down the streets with loaded sidearms. Faced with a murky law, they’re on the offensive to lay claim to a right not expressly spelled out.

Beyond the legal debate, controversy lingers over the pros and cons of open vs. concealed carry. As a defensive measure, is it better to surprise an assailant by pulling a concealed gun or to advertise its presence?

Rob Pincus, a gun advocate who produces videos for the Personal Defense Network, is right when he says open-carry practitioners help to create a confrontation. Many, like our recent marchers, are openly carrying to make a political point, he said.

“You can do a lot of things to raise awareness that don’t actually bring a lethal device into play,” he said.

Responsible gun owners typically don’t show off their guns in public. Most of the gun-owning folks we know are stand-up people who don’t go looking for trouble, but who jealously guard the rights of Americans to defend themselves if trouble comes looking for them.

Not everyone loves guns. We believe gun owners have a responsibility to avoid instilling fear by openly wearing their guns in public settings.

Lawmakers next year should act to clarify Arkansas law. Our recommendation is to leave open carry as its been for years - against the law.

Opinion, Pages 5 on 12/03/2013