Arkansas' attorney general said Monday that State Capitol Police cannot arrest someone for carrying an unloaded weapon on the Capitol grounds, but she said officers can ask a gun-toter to leave and can make an arrest if the person doesn't comply.
Attorney General Leslie Rutledge released an opinion Monday that stated that it is not illegal for lawful gun owners to carry or possess an unloaded weapon on the Capitol grounds, a finding that runs counter to how officers have handled guns on the grounds in the past.
Secretary of State Mark Martin, whose office is responsible for the Capitol and its grounds and oversees the Capitol Police, requested the opinion.
Although state law makes it illegal, save for a few exceptions, to carry or possess a weapon inside the Capitol, it's lawful to carry or possess a gun on the building's grounds so long as it isn't loaded, the opinion states.
"In my opinion, the language used by the legislature makes clear that the [criminal] statute does not criminalize carrying or possessing an unloaded firearm on the State Capitol Grounds," the opinion says.
"Accordingly, I do not believe that the State Capitol Police Department can ... arrest persons carrying or possessing an unloaded weapon," Rutledge wrote.
The opinion did state that as guardians of the grounds, the officers can prohibit the possession of unloaded guns and can arrest someone for criminal trespass who does not comply.
Opinions of the attorney general are not legally binding.
A call to Martin's spokesman about why the opinion was requested was not returned Monday night.
Rutledge's opinion adds a wrinkle to an ongoing debate as to whether Arkansas law allows people to "open carry" weapons.
In 2013, former Attorney General Dustin McDaniel issued in opinion stating that changes to the law regarding carrying of a weapon did not mean that open-carry was allowed in Arkansas.
Lawmakers and law enforcement officials across the state have been divided over the interpretation of the law.
Last August, Rutledge contradicted her predecessors and opined that citizens cannot be arrested for openly carrying a weapon but added that law enforcement has a right to approach people and ask them about the weapon.
Gov. Asa Hutchinson also has said that he thinks state law allows open-carry but that the ultimate answer to the reading of state law will have to come from the courts.
According to Rutledge's opinion, State Capitol Police have wrongfully interpreted the prohibition of a "loaded firearm or other deadly weapon" in Arkansas Code Annotated 5-73-122(a)(1) to mean that an unloaded firearm counts as a "deadly weapon."
"If the legislature intended for 'other deadly weapon' here to include any firearm ... there would have been no reason to refer to 'loaded firearm,'" the opinion stated. "Indeed, doing so would have been redundant."
Part of Martin's request also asked Rutledge if, given the difference of opinion between her and McDaniel on weapons statutes, she thought the Legislature should clarify "these issues" related to carrying a weapon.
Metro on 02/09/2016