Saturday, April 26, 2014

AR:Paragould Arrest Could Trigger “Test Case” For Act 746 Read more: Paragould Arrest Could Trigger “Test Case” For Act 746 | The Arkansas Project Follow us: @nhhorton on Twitter | TheArkansasProject on Facebook

Mason Brannon of Paragould was arrested on March 1st for carrying a firearm without a concealed carry permit. Brannon’s arrest, and his pending prosecution, could serve as the first “test case” of Act 746, which became law last year. However, the trial won’t be a walk in the park for Prosecutor Scott Ellington — because Act 746 imposes a new, and especially high, burden of proof on the state. Thanks to Act 746, possession of a firearm is no longer a crime in Arkansas.

Under the act, which has been codified under ACA 5-73-120,
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…

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