Arkansas Citizen Participation in Government Act.16-63-502

Jan 2, 2006

Regulatory Links PCSSD Should Be Concerned About:

Rosa Parks Being Fingerprinted
in the Jim Crow South

From The Arkansas State Supreme Court:
Statutes -- intent and purposes of Arkansas Criminal Gang, Organization, or Enterprise Act -- some link between firearm and drugs necessary. -- A fair reading of Ark. Code Ann. § 5-74-102 suggests that the General Assembly intended to address violence in the drug trade by making laws tougher on drug dealers who use firearms; the legislative intent of the Arkansas Criminal Gang, Organization, or Enterprise Act was to focus the state's law enforcement agencies and prosecutors on investigating and prosecuting all ongoing organized criminal activity and to provide for penalties to punish and deter organized ongoing criminal activity; previous construction of the Act by the supreme court found that the simultaneous possession statute not only served to deter organized gang and criminal activities, but also sought the broader purpose to curtail any person's use of a firearm when that person is involved in the illegal trafficking in or possession of controlled substances; there must be some link between the firearm and drugs, and mere possession of a firearm is not enough.