Act 746 of 2013 (HB 1700, approved April 4, 2013, effective August 16, 2013) amended Ark. Code § 5-73-120(a) to require, as an element of the offense of 'carrying a weapon,' that the person possess the handgun 'with a purpose to attempt to unlawfully employ' it as a weapon against another person. The Arkansas Court of Appeals later held in Taff v. State, No. CR-18-353 (Oct. 17, 2018), that mere possession of a handgun without unlawful purpose does not violate § 5-73-120(a). Act 777 of 2023 codified the practical result by adding § 5-73-328.
"A person commits the offense of carrying a weapon if he or she possesses a handgun, knife, or club on or about his or her person, in a vehicle occupied by him or her, or otherwise readily available for use with a purpose to attempt to unlawfully employ the handgun, knife, or club as a weapon against a person."
Act 746 of 2013 (HB 1700), amending Ark. Code § 5-73-120(a) statute