House Bill 1024 Dies Slow Death at the Hand of Sen. Mike Everett
 

Sponsored by Rep. Minton, HB 1024 would have removed the Parks and Restaurant Loophole that currently exists in Arkansas’ right to carry law.  As the law now stands, only criminals and felons may carry weapons inside state parks and restaurants that serve alcohol.  Rep. Minton’s bill would have removed this discriminatory loophole and made it legal for Arkansas' citizens with concealed handgun licenses to carry their legally owned and operated handguns into the state’s public parks and fine restaurants just as criminals and felons can today.

As sponsored by Rep. Minton, the Bill, titled “To Permit a Person to Carry a Concealed Handgun Into a Restaurant or Public Park”, passed the Arkansas State House of Representatives January 18, 2001 and was delivered to the Senate for review by the Senate Judiciary Committee.  The committee, chaired by Sen. Mike Everett, attorney from Marked Tree, Arkansas, failed to let the Bill out of committee.  Apparently DOA, the bill has languished since March 29, 2001 and is presently labeled as – “CURRENTLY NOT SCHEDULED ON ANY AGENDA”.

Civil rights opponents charge that legally armed gun owners pose a threat to the safety and well being of park and restaurant patrons and, one would assume, the rapists, stalkers, murderers, and robbers patronizing such establishments.   Park administrators fretted about the cost of posting parks with NO WEAPONS ALLOWED signs and restaurant owners feared that licensed handgun owners might actually enter their eating establishments and try to eat in safety.   Leaving the park and restaurant loophole in place allayed these fears and concerns, ensuring that NO WEAPONS ALLOWED signs would NOT be required to be posted at park entrances or restaurant doors and only armed felons, rapists, stalkers, murderers, robbers, and unarmed law-abiding citizens WOULD enter the finer restaurants and family oriented public parks.

According to existing state law, handgun owners possessing concealed handgun licenses must undergo an extensive FBI background check and have their fingerprints on file.  They also must attend a certified training course to demonstrate their proficiency with their self defense handgun and be tested on their knowledge of applicable laws.  As a final precaution, the local Sheriff or Chief of Police may veto any applicant's right to receive the license if the applicant is a known trouble maker.

According to case law and constitutional interpretation, under the 5th Amendment right against self incrimination, felons and other criminals are not required to disclose their intentions or obey restrictions prohibiting them from buying firearms.

With the summer tourist season upon us the state’s public parks and finer eating establishments should be avoided because, much like a Federal Wildlife Refuge, they are protected by existing law as fertile hunting grounds for predators seeking easy prey.  Thank you Sen. Everett for allowing this loophole to continue.