Weekly Segment With Paul Harrell
No doubt many of you have been following the developments surrounding Act 746 or “constitutional carry.” You may have seen my interview with ASP spokesman Bill Sadler earlier this week. Yesterday I spoke with Paul Harrell on The Paul Harrell Program about my interview and where we go from here.
Take a listen, if you’re into that sort of thing. Segment begins around the 1:35:00 mark:
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Regarding Act 746 and concerns regarding the Code Revision Commission – keep in mind if you will that, for starters, the Commission is not permitted to make substantive changes in the law. This is not to say that they might not try to do so, but the check on this is simple – the “codified” law, as it appears in the official statute books, Arkansas Code of 1987 Annotated, published by Michie and Company, is NOT the “LAW”, but merely *prima facie* evidence of the law…. the true evidence of the law is the “enrolled bill”, which you can obtain a certified copy of from the Secretary of State as I recall.
So, basically, if the prosecutor pulls out the red and black book (or some digest of the criminal law, lets say) and says to the court the law says blah blah blah, and you do not object and introduce your evidence of what the law actually is, the State wins and you are convicted and have no objection, because the code citation is sufficient WHEN UNCHALLENGED. This applies to city codes and just about any legislative edict as well, except you get your enrolled bill from the Clerk of the Political Subdivision that is annoying you with their rules instead of the Secretary of State.
When I go into court charged with any violation of any codified statute, ordinance, etc. I pull the actual law, getting a certified copy, and see what it actually says. Most of the time the Code Revision folks do a honest job of making the law readable and cogent, but not always, and of course any tweak is apt to be on the side of extending State powers, so be ware and be warned – get yourself a copy of the Law before you rely on it to your harm. Note this is not legal advice, go ask your lawyer if my lay opinion is correct 😉