It Is Illegal To Carry A Gun On Public School Grounds In Arkansas….Or is it ?

Recently I wrote an article about a public-school basketball coach carrying a gun at the game he was coaching.

Federal Law “The Gun-Free School Act” has not yet come into play on that case; however, State Law has.

In that article I brought up State law AR Code 5-73-119 –  Handguns — Possession by minor or possession on school property.

 Basically, the law makes it a Class D Felony to carry a gun on a public-school campus unless you are a law enforcement officer or security guard….but does it ?….Fort Smith Criminal attorney, Whitfield Hyman, says not so fast.

After publishing the article, Hyman commented on it pointing out language in the law that I will describe as a “get out of jail free card”….While reading, pay particular attention to the portions I highlighted in the images of the law below.

Hyman made the case that the Coach did not commit a crime by carrying the gun on school grounds and he skillfully used the very language in 5-73-119 to make that case.

Section (e) of the law lists provisions in which it is permissible to carry a gun on school grounds. Those provisions are mostly common-sense ones such as mentioned earlier.

However the one Hyman hangs his hat on is (7) in that section, which was added a couple of years ago, that states – “The person is on a journey, unless the person is eighteen (18) years of age or less.”

Hyman pointed out that “Journey” defined under the law – “means a person has left his or her home or the curtilage of his or her home either on foot, horseback, bicycle, or in an automobile for any purpose or duration.”

He went on to state – “If you use the rule of lenity and/or strict construction imposed by Arkansas case law on firearms statutes, then the only logical result is that the journey exception nullifies everything in 5-73-119 for everyone over the age of 18.”

So, under that logic anyone, not just school staff, anyone over the age of 18 that leaves their home can carry a gun on school property, right ?

But before you strap on tha heat and head to that elementary school function or high school basketball game, Hyman also says….Not so fast.

I agree because there is Logic….and then, there is Reality.

What 62 years on this earth has taught me is that in most cases Reality never got introduced to Logic.

Hyman does not suggest at all that you carry a gun on school property and to be clear, I do not either.

I’m a gun guy….I don’t go to the bathroom without a gun….However when I go to school board meetings, even though it makes me feel naked, I leave my guns at home.

Why ?…..It’s that Reality thing again….I’m really not up for being charged with a Felony and facing six years in prison and according to Hyman, in all likelihood –

“You will get arrested and have to fight this in court and nobody has tried to apply the journey exception to the school statute.”…. “An appellate court hasn’t evaluated the journey exemption since it was added to this statute two years ago.”

There is one person who has commented quite a bit on the story, who I will not name, that has the opinion that we should ignore all these “stupid” laws we have.

I am not a fan of 5-73-119 however I do not believe it to be stupid. I do believe when it comes to guns on school property it’s a subject worth healthy debate that has to factor in citizens’ Rights as well.

There are plenty that will argue that rights apply to everyone regardless of age….But do you really want to allow an eight-year-old to strap on and carry a gun to school ?….So do we apply limitations or not ?

I think a case like the Coach’s would ultimately end up at the Arkansas Supreme Court (ASC) where I believe the court would rule against Hyman’s argument….Not that I disagree with it.

While Hyman basically points out that the “Journey” language….is what it is…. Logic points out that the Legislative intent of that language was not to do away with 5-73-119.

If that was the intent of the Legislature, then they would have simply repealed 5-73-119 instead of amending it.

There is debate on whether the ASC can entertain Legislative Intent in their deliberation.

Hyman states – “Case law explicitly states that legislative intent can’t be factored in unless there is a grammatical error (or syntax or whatever, an error in the actual language that breaks a linguistic rule). Legislative intent, unless subversive and hidden, would not favor my interpretation.”

I’m not going to enter that debate….I’m just going to say we are back to reality.

I believe the ASC would not side with Hyman’s argument because the Legislative Intent of the Journey language was not to repeal 5-73-119 but simply to allow possession of a firearm when you leave your home….The ASC has proved over the years, right or wrong,  they will entertain Legislative Intent.

Now I can make the argument that while the Journey language created an unintended consequence, it is still a consequence and that does not negate its lawfulness.

Do I think I would win that argument before the ASC ?….No….I do not.

More Reality….Until someone who has been charged with possession of a gun on school property applies Hyman’s argument, then the Journey language is moot in those incidents.

Now there is potential for Legislation this upcoming session to repeal or amend current gun possession laws along with creating new ones.

If and when that Bill is filed, Arkansas 1st News will bring full coverage of it to you.

Until that happens, if you want to be a Guinea Pig then I highly suggest you retain Hyman.

I know if I’m ever charged with a gun possession crime, he’s my first call.

#FactsNotFiction

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Jimmie Cavin

Professional Bully Fighter I investigate and report on issues around the State of Arkansas with an emphasis on Government. I am strong conservative however I bring Truth and Facts regardless of Party affiliation….My hashtag is #FactsNotFiction