After arrest, gun law still fuzzy to lawman

‘Open carry’ seen going to high court

Erek Balentine said he knew it was inevitable that some officer in Arkansas would make the arrest that triggered scrutiny, and potentially a state Supreme Court decision, over the haziness of the state's law on openly carrying a weapon.

He just didn't expect to be the one to make the arrest.

The Bald Knob police chief's May 4 arrest of Richard Chambless at a McDonald's resulted in Chambless' conviction Tuesday for carrying a weapon, as well as disorderly conduct.

Chambless' arrest, and his conviction, drew attention to the small, White County town from lawmakers, as well as gun-rights advocates who argue that state law allows for "open carry" and makes an arrest like that of Chambless a violation of the constitutional right to carry a handgun.

"We're the only ... court in Arkansas that tried a case [like this] and got a guilty verdict," Balentine said. "I figured there would be publicity for it, but I took a beating for it, badgering, when I shouldn't have. [State law] is about protecting the community and the public and not violating someone's rights."

Balentine and Bald Knob City Attorney Donald Raney said they are aware of similar arrests but said they were told that those charges either had been dismissed or the defendant had pleaded guilty to a lesser charge.

Chambless was sentenced to 15 days in jail as well as a year of probation and fines. No phone number could be located for Chambless.

Chambless' attorney, Shane Ethridge, did not return multiple calls seeking his comment but has indicated his intent to appeal the conviction.

Some, including Gov. Asa Hutchinson, say they expect that a higher court will eventually decide the issue.

"We have a difference of opinion among prosecutors as to an interpretation of the law," Hutchinson said. "I expect an appeal to the Arkansas Supreme Court because it's a constitutional question, it's an important question for the Arkansas Supreme Court to clarify."

Carrying a weapon is a Class A misdemeanor in Arkansas and can lead to fines as well as up to a year in jail after a conviction.

In 2013, Act 746 tweaked the statutes, adding a few words that made it a violation to carry a handgun, knife or club for use "with purpose to attempt to unlawfully employ the handgun, knife or club as a weapon against a person."

In July 2013, former Democratic Attorney General Dustin McDaniel said in a nonbinding opinion that the change to the law did not permit open carry in Arkansas.

Despite the opinion, there remained a divide among lawmakers, and prosecutors, over what the state law really means. Both Hutchinson, and current Republican Attorney General Leslie Rutledge, have said they believe open carry is legal in Arkansas.

In early June, a trio of legislators requested an opinion from Rutledge's office on whether it is legal to carry a weapon openly.

On Friday, Rutledge released a nonbinding opinion stating that current state law allows law-abiding residents to open carry so long as they don't do it at places where firearms are prohibited. It stated that police have a right to approach gun-packing subjects and question them if they appear suspicious.

On May 4, Bald Knob police received multiple calls reporting an armed man at the town's McDonald's.

When officers arrived, they found Chambless, who had been going in and out of the restaurant, according to Balentine, and causing "alarm" and "scaring" people in and around the restaurant.

Balentine said he called the local prosecutor's office before making the arrest to clarify what the law is.

The 10-year law enforcement veteran said he'd be one of the first to agree that the law needs to be clarified.

"It's hard for me to understand that the law was intentionally made for anyone to tote a gun around," Balentine said. "What would the purpose of having a [conceal and carry] permit, what would be the purpose of background checks?... Open carry would mean anyone could tote a gun."

Raney said that if Arkansas' code, as written, allows for open carry, then it wouldn't have carved out a group of people who are expressly allowed to openly display weapons.

"If the amendment created open carry then why do we have to list people who are authorized to carry?" Raney said. "I don't think it makes it an open-carry law, in my opinion."

Rep. Nate Bell, R-Mena, is one of the legislators who requested an opinion from Rutledge's office in June.

Bell thinks McDaniel's opinion didn't fully address the legal questions involved in the state statute and said Raney and Balentine couldn't be more wrong about their reading of it.

"There is no Arkansas law that says you can sit on your porch and drink iced tea. The fact is, it's not illegal under Arkansas law," Bell said. "There is no law that says it's illegal for you to carry a weapon, unless it is with unlawful intent. The simple possession of a weapon with intent to use it legally, for self-defense or other purposes is not prohibited by Arkansas law."

Bell said that he expects Chambless will win an appeal in circuit court, once it's filed. If he doesn't, Bell said, the state's highest court would have to weigh in.

Bell said he has been discussing a trip with fellow lawmakers, and others, to Bald Knob on Saturday. He said he'd take a sidearm and wear it openly as he strolled through town.

"I think it's unfortunate that a few people in the law enforcement community, whether prosecutors or police, they take what I believe is an anti-freedom view," Bell said. "We can do this lawfully in Bald Knob. If you like to take this [legal] fight on, then come on."

Metro on 08/30/2015

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