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Legislative Fixes I'm Pushing for in 2019

1/10/2019

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Introduction
 
Over the past 6 years, concealed handgun license instructors at Arkansas Armory, Inc. have had the pleasure of serving thousands of Arkansans’ seeking to get or renew their Arkansas Concealed Handgun Carry License.  In February, 2018 our instructors were among the first to offer the new “Enhanced” Training course.  We regularly field questions about the law.  Many Arkansans have stated their desire to change the law, making it more simple, understandable, and logical while helping them to defend themselves and their families.



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My Thoughts on Taff v State of Arkansas

10/26/2018

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Last weekend, I was in the Ozarks camping, riding 4-wheelers, and flying my paramotor with my son.  We didn’t have cell signal in most places. After a while I was able to find a spot to get signal. When I did, messages came streaming in from many members of the Arkansas Armory community telling me about a court case that had recently been decided at the Arkansas Court of Appeals, Jamie Taff v State of Arkansas, which held that open carry or concealed carry of a firearm without a license/permit in Arkansas isn’t a violation of Arkansas Code Annotated 5-73-120 “Carrying A Weapon”

I’ve spent some time this week digesting the ruling and talking it over with friends of mine in the legal community.


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Arkansas Armory 2018 Shooting League

8/9/2018

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Our 2018 League is kicking off on Monday, August 20, 2018!  We're excited to share the details with you and hope you will join in!

This is 6-week "Production" handgun league designed to have fun while playing some shooting games.  I want everyone to be able to participate, and work on some shooting fundamentals at the same time.

It will run for 6 weeks and we will have two additional weeks for making up weeks that you might have missed.  You can come in and shoot your weekly event anytime during that week, day or night.  The staff will score your targets and record your scores.  We will publish the scores online each week so you can see how you are doing!  Prizes will be awarded for Top Overall, Top Male, Top Female, and one for a lucky Participant.  Everyone has a chance to win.


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Firearms on US Army Corps of Engineers Property

4/9/2018

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​In my concealed carry classes, I’m often asked about carrying concealed in U.S. Army Corps of Engineers property.  It’s a confusing subject, for many that goes back almost 45 years.  Its also a subject extremely important to Arkansans.  We have so many wonderful natural resources in this state such as Greer’s Ferry Lake, The Big Dam Bridge / Murray Lock and Dam, the Arkansas River, and Lake Ouachita.  We want to know how we can protect ourselves and our families while on this public, federally owned property.

Under current Federal Law and U.S. Army Corps of Engineers rules and regulations, it is illegal to possess any firearm, with or without a Concealed Handgun License.  Further, it is illegal to possess ammunition inside the boundaries of any Corps property.  This includes on the lakes and waterways belonging to the Corps.  The only exceptions are for law enforcement officers, for approved hunting activities, at COE shooting ranges, or with written permission from the local District Commander.

This means, despite what some students have been told that they “Can have their gun as long as its unloaded” isn’t true, if they have ammunition in their possession (and don’t meet one of the exemptions).

This can be found at Title 36, CHAPTER 111, PART 327.13 - Explosives, firearms, other weapons and fireworks.

These rules went into place during the Nixon Administration, dating all the way back to 1973.  They mean that you can’t have a gun in your tent, in your camper, on your boat, or while your out for a hike.
However, the Corps of Engineers has announced that they are “revising” their complete ban of firearms after a court case known as Nesbitt v. U.S. Army Corps of Engineers.

In 2013, Mrs. Elizabeth Nesbitt (at the time known as Ms. Elizabeth Morris), and Mr. Alan Baker, both residents of Idaho, filed suit against the COE.  Ms. Morris had been issued a Concealed Handgun License from the Nez Perce County Sheriff to carry a concealed handgun due to threats and physical attacks against her by a former neighbor.  Mr. Baker, an NRA Instructor and Concealed Handgun Instructor, also had a concealed carry license.  They both regularly used local COE property for hiking and boating with friends and both regularly carry a firearm for their protection.

In 2012, Ms. Morris and Mr. Baker had their attorney group, the Mountain State Law Firm, wrote a letter to the COE requesting an exemption from the firearms ban.  The COE did not respond to their request and in August of 2013, they filed a complaint for relief and a motion asking the district court to immediately end enforcement of the firearms ban. 

On October 13, 2014 the district court held that 36 C.F.R. § 327.13 violates the Second Amendment and therefore is unconstitutional.  On December 10, 2014, under the Obama Administration, the federal government filed an appeal to the Ninth Circuit Court of Appeals.

March 3, 2017, the night before arguments were to start, federal lawyers filed a motion with the court stating that the Corps of Engineers intended to reconsider their firearm ban.  On November 20, 2017, the Corps granted Mr. Baker and Mrs. Morris written permission to carry loaded firearms on Corps-managed lands in Idaho, Montana, Oregon, and Washington.

On December 15, 2017 the case was dismissed, and the matter was closed with the courts officially on January 4, 2018 with the COE promising to change their rules.  As of April 9, 2018, a rule changes has not been completed.

So currently, carrying a handgun or ammunition on Corps of Engineer property is still technically illegal.  While Ms. Morris and Mr. Baker were granted an exception and the Corps promised to change the rules, that has not happened yet.  Until the rule change goes into effect, we are still under the current rules.  We don’t know what changes will be made or when.  I presume the rules would be changed by the end of the year, but that is conjecture on my part.

According to Handgunlaw.us, as of February 10, 2018, The Corps of Engineers Legal Department is still contending that it is illegal to carry onto Corps Property.  However, the Legal Rep for the Corps that Handgunlaw.us spoke with said it is commonly accepted that they will not harass or search private vehicles for weapons/firearms or any other prohibited item without obvious and serious cause to do so.  That said, they asserted again their authority to do so, if they chose.

In summary, I would not carry onto US Army Corps of Engineer property until their rule revision takes place.

If you would like further information, you can see more at Mrs. Nesbitt’s and Mr. Baker’s law firm’s website at:

https://www.mountainstateslegal.org/cases/all-cases/morris-v.-u.s.-army-corps-of-engineers#.Wsu3i4jwaUk

Handgunlaw.us information on the subject: http://www.handgunlaw.us/states/usa.pdf

Title 36, CHAPTER 111, PART 327.13 - Explosives, firearms, other weapons and fireworks.  A link to this pamphlet can be found here: http://www.handgunlaw.us/documents/COERulesPamphlet.pdf

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Enhanced Carry Training - Some specifics

1/27/2018

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Yesterday we learned that Justin, Angie, and I passed our Enhanced Concealed Handgun Carry License (E-CHCL) Instructor exam!  By next week we should have our new Instructor Certificates in hand.  Once we do, we can begin teaching the class and getting E-CHCL's in the hands of everyday Arkansas citizens.

So, what does Enhanced Carry do?

With a "regular" CHCL, licensees are subject to numerous "Prohibited Places". The Enhanced CHCL gives you the ability to carry and possess a concealed handgun in more locations.  Those locations include:
  • Publicly owned buildings and facilities
  • State Capitol grounds and the State Capitol Building
  • Any meeting place of the governing body of any governmental entity
  • Any meeting place of the General Assembly or a committee of the General Assembly
  • Any state office
  • Athletic events
  • A portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises
  • A portion of an establishment where beer or light wine is consumed on the premises
  • Inside the passenger terminal of an airport
  • Any church or other place of worship
  • Any place where a parade or demonstration requiring a permit is being held, even when the licensee is a participant in the parade or demonstration.
  • The buildings and grounds of a public university, college, or community college.

You might be thinking, "But I don't go to those places."  Ever been to the Revenue Office / DMV?  That's a state office.  Ever been to a movie theater that serves beer (you'd be surprised...most do)?  That's an establishment licensed to dispense alcohol.  Ever been to a bowling alley?  That's an athletic event.

While the "Enhanced" license was originally about college campuses and college buildings (it still covers that too), its now about much more flexibility for everyone.

You might ask, "Isn't this just a ploy by the state to take more money?"

Hardly.  The only additional fee paid to the state is a $15 license replacement charge (for them to re-print a new license and mail it to you) if you are 64 years of age or younger, or $7.50 if you are 65 or older.

"What's covered in the class?"

The class is approximately 8 hours long.  A maximum of 2 hours will be spent on the range.  Five to six hours will be spent in the classroom covering: 
  • Arkansas Law - ACA §§ 5-73-101 to 325 and all significant changes to these chapters as they occur
  • The terms of an Enhanced License, including the rights and responsibilities of an Enhanced License holder and all locations where the carry of concealed firearms remains prohibited
  • Self-Defense under Arkansas law, the use of deadly physical force, the subchapter of Arkansas Code on “Justification” (ACA §§ 5-2-601 to -622), and the potential criminal penalties that may be imposed when the use of deadly physical force is not justified
  • Techniques for weapon retention
  • General civil liability for personal injury or property damage resulting from use of a firearm
  • Emergent situations in public locations, including the proper response to law enforcement and the duty to avoid injury to innocent bystanders
  • Issues related to campus carry, including, but not limited to:
    • Responsibility of the licensee to know and obey the campus’s weapons policies
    • Distinction between “possession” of a firearm, which is permissible, and “storage” which is not permissible and
    • Requirement to carry concealed and potential penalties for violation
  • Other considerations for enhanced carry, including but not limited to:
    • Dangers of carrying or deploying a firearm in proximity to hazardous materials;
    • Possible ramifications of alcohol use while in possession of a firearm and
    • Identification as an Enhanced License holder in contact with law enforcement
  • Other options beyond using Deadly Physical Force - Non Violent Dispute Resolution

"What's required to take the class?"

First, you must possess a "regular" valid Arkansas CHCL.  Other state's licenses won't work.  You can't take Enhanced first.  You must already have already gone through the "regular" training.

Second, you are going to shoot in the class.  The course of fire involved making shots on a full-size B-27 target (see bottom of article for example), at different specified distances, within certain specified times.  You will fire a total of 50 rounds and must score a 70% (35/50) to pass.  You get three attempts.  If you fail the three attempts, you must wait 90 days to take the class (not just the test...the whole class) again.  (Don't worry, we aren't going to charge you multiple times for the class)

I find this causes people some stress, but this is very much within their capabilities.  It may take a little work, but you know us.  We're here to help you be successful.

The course of fire is as follows:

(1)  Stage 1: 3 yard line – 20 Rounds
       (A)  5 shots fired in a “one shot exercise” – 2 seconds allowed for each shot;
       (B)  10 shots fired in a “two shot exercise” – 3 seconds allowed for each 2 shot sequence;
       (C)  5 shots fired in 10 seconds;

(2)  Stage 2: 7 yard line – 20 rounds
       (A)  5 shots fired in 10 seconds
       (B)  5 shots fired in 2 stages: 
                        (i)  2 shots fired in 4 seconds;
                        (ii)  3 shots fired in 6 seconds;
       (C)  5 shots fired in a “one shot exercise” – 3 seconds allowed for each shot;
       (D)  5 shots fired in 15 seconds;

(3)  Stage 3: 15 yard line – 10 rounds
       (A) 5 shots fired in 2 stages:
                        (i)  2 shots fired in 6 seconds;
                        (ii)  3 shots fired in 9 seconds;
       (B)  5 shots fired in 15 seconds;

All shots are fired from the "Ready" position.  Reloads aren't timed.  "Hits" are shots that either fall inside the 7 ring or cut the line of the 7 ring.  There are no firearm, caliber, or equipment (laser) restrictions.  Any shots that happen outside the time result in a -1 to your total score.

You need to practice for this test, but you don't need to stress about it.  It is well within everyone's capabilities.  Remember, we are here to help you be successful.

The shooting portion, as outlined above, are the only "physical" parts of the course.  Don't let age and disability prevent you from taking the course.

"How much does it cost?"

In addition to the $15 / $7.50 you'll pay the state, we will charge $150 per student.  We've shopped around, and are $50 under what many other instructors are charging.  Remember, the "regular" class is only a 5 hour course.  This one is an additional 8 hours.

"When will you start teaching?"

I hope to have our first class beginning within the next two weeks.

"How do I sign up?"

Get your name on our list.  There is no charge to put your name and number on our "Interest" list.  When we finalize our plans, we will start calling people at the top of the list and offering the course to them.  If they pay for the class, they have the spot.  If not, we go to the next person on the list.

"How many per class?"

We are thinking a max of 18 people is easily doable for us, while providing a safe, educational, and entertaining experience.

"How will class flow?"

This one is tricky.  Most of you know that the range is often crowded on Saturdays.  Kicking the general public off our range, on the busiest day of the week doesn't make a lot of sense.  Because of this, we are taking a 2-step approach.

Wednesday nights starting at 6:30 PM, we will present the required range safety briefing and then conduct the qualification fire for registered students.  Students will get three attempts to pass.  If you pass, you attend the classroom portion on Saturday from 2 PM - 8 PM.  If you don't pass, you will be rescheduled for a class that's at least 90 days away.  You'll then get another attempt to pass the shooting test before attending the classroom portion.

We are thinking this will work for the most people, starting off.  If it doesn't work, we'll change.  Simple.

"How long is the Enhanced License good for?  Do I have to go through more "Enhanced" training to renew my license?"

The "enhanced" license is good for 5 years and follows the same expiration date as your "regular" license.  You have to renew your license as normal, but you don't have to take any additional "enhanced" training when you renew.  Once "enhanced" it stays enhanced as long as your license isn't revoked or goes "inactive" (meaning expired for more than 6 months).  Don't let your license expire for more than 6 months?  If you do, you have to take the regular AND enhanced training again, if you wish to have an enhanced license.  Think of it kind of like adding a motorcycle endorsement to your drivers license.  It just stays on there.

I realize that many of you may have more questions.  Feel free to ask them on Facebook, as I see the comments there more easily and can get your questions answered more quickly.  Of course, you can always call the shop at 501-835-GUNS ( 501-835-4867 ).

I hope this helps!  I'm excited to start helping each of you get your E-CHCL!

- Nathan

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IT'S ABOUT MORE THAN BARS - ENHANCED CARRY

1/18/2018

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Yesterday I was out of the shop, “running official errands”, and thought that one of those errands should be a stop at Game Goblins, a board and card gaming shop in Little Rock.  Game Goblins is a wonderful store for board and card game enthusiasts, and a great spot for families to hang out and play.

I arrived at 10:00 AM, but a check of the door revealed that their shop didn’t open until 11:00 AM.  Dang-it!

As I scanned the door, I saw a notice prominently placed on the top right-hand corner.  It read “OFFICIAL NOTICE Application for approval of these premises for NATIVE BEER & MALT BEVERAGES has been made to the Alcoholic Beverage Control Board, State of Arkansas”

This means that Game Goblins, a place with no “Carrying a firearm is prohibited” sign, is a Prohibited Place for carrying a firearm, regardless of their views on the matter.  Their choice is taken away from them by the Prohibited Places list.  A.C.A. 5-73-306 (11) & (12) tell us that any portion of an establishment, except a restaurant as defined in § 3-5-1202, EITHER licensed to dispense alcoholic beverages for consumption on the premises OR where beer or light wine is consumed on the premises are off limits.

Game Goblins isn’t a bar.  I’ve never thought about going to a gaming store to get drunk.  I don’t go out to drink alcohol.  Good for them that they will be offering native beer to their clients!  I can clearly see how people would enjoy having a beer and playing their favorite game.  I don’t blame them in the slightest.

I also don’t go to Little Rock unarmed.

This isn’t just Game Goblins.  A quick records search showed businesses affected such as Dust Bowl Lanes in Little Rock (a bowling alley), Bear Creek Conoco Gas Station in Little Rock, the North Little Rock Athletic Club, Upper Cut Salon in North Little Rock, the Summerhill Racquet Club in Fayetteville, and more.

Fortunately, we have a solution on the way, the Enhanced Carry License.

When you obtain the new E-CHCL, you are not restricted from carrying into establishments that serve alcohol, unless they either post a sign OR give you written or verbal notice.  That means that the choice is put back into the business owner’s hands, and that you can go about your life without concern about whether or not an establishment serves alcohol.

The new E-CHCL doesn’t just allow for carry into establishments that serve alcohol.  It will allow you to carry into state offices (i.e. The Revenue Office / DMV), athletic events (protecting your child at a Little League game), college campuses and classrooms, and more.

As an instructor, I’m scheduled for the very first test that the State of Arkansas will host.  It will be on January 24th at 1:30 PM.  God willing, I’ll pass on the first try and I’ll be able to start offering the Enhanced Training very shortly thereafter.  If you are interested in getting on the waiting list for the class, you can call us at 501-835-4867.  That’s 501-835-GUNS.  We are expecting the class to be approximately 8 hours, and to cost about $150.00
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Its not just about “bars”.  Its about opening up your options.  (ASP CHL# 10-657)   - Nathan

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