A. Common-Law Self Defense. When Stand Your Ground Law Applies. With the recent passage of Senate Bill 24, there is no longer any duty or obligation to attempt retreat under any circumstances so long as the use of defensive force is justified under the amended statutes. Rate and review titles you borrow and share your opinions on them. The Republican governor signed the measure that removes the duty to retreat before deadly force can be used, despite past concerns hes raised about changing the states self-defense law. The Science of Gun Policy:A Critical Synthesis of Research Evidence on the Effects of Gun Policies in the United States. Copyright 2023, Arkansas Democrat-Gazette, Inc. Florida's "stand your ground" law, then you can seek a dismissal of the charges against you. This document may not be reprinted without the express written permission of Arkansas Democrat-Gazette, Inc. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. This self-defense law states the following: "A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that threat or force is necessary to defend himself or herself or a third person . After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573. The bill, SB175, removed the "duty to retreat" requirement, "in determining whether or not a person who used force in self-defense, defense of another, or defense of that person's residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety." [2] The bill went into effect April 6 th, 2021. Asa Hutchinson, right, speaks in Little Rock, Ark. The most recent was signed into law by Ohios governor earlier this year. Stand-Ground Bill Now Law.Arkansas Democrat-Gazette, March 4, 2021, pp. Stand-Ground Bill Introduced by Legislators., . (b) A person is not required to retreat before using deadly physical force if the person: (1) Is lawfully present at the location where deadly physical force is used; (2) Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person; (3) Except as provided under 5-2-606(b)(2)(B), is not the initial aggressor and has not provoked the person against whom the deadly physical force is used; (4) Is not committing a felony offense of possession of a firearm by certain persons, 5-73-103, with the firearm used to employ the deadly physical force, unless the person is in or at the persons dwelling or in the curtilage surrounding the persons dwelling; (5) Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. Sponsors of similar legislation in 2019 encountered opposition from gun-control groups, law enforcement officials and prosecutors. LITTLE ROCK, Ark. Right To Carry Reciprocity and Recognition, Right to Keep & Bear Arms State Constitutional Provisions. You can justify the use of deadly force if you believe it was absolutely necessary to prevent a violent crime like sexual assault, kidnapping, murder, or robbery. Therefore, the law allows him to use . Use of Reckless or Negligent Force. 21 SECTION 2. "A person who uses or threatens to use physical . , prosecutors finally charged Zimmerman, but a jury ended up acquitting him of any crime. There is a presumption of an offensive or aggressive purpose in certain circumstances listed in Ark. Required fields are marked *. Additional support provided by the Arkansas Humanities Council. a restoration of firearm rights by the governor without a pardon, on the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides. Asa Hutchinson said he will sign a controversial 'stand your ground' bill into law on Wednesday. (a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is: (1) Committing or about to commit a felony involving physical force or violence; (2) Using or about to use unlawful deadly physical force; or, (3) Imminently endangering the persons life or imminently about. Arkansas statutes are silent on antique and replica firearms. The Arkansas Prosecuting Attorneys Association changed from opposing the bill in 2019 to a position of neutrality after it was updated to exempt people who are in illegal possession of a weapon or participating in gang activity. (first-time offenders on probation discharged without court adjudication of guilt); see Ark. A review of gun death statistics by the. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. The problem is defining what is reasonable. Understand this: Stand Your Ground, and self-defense in general, applies to an immediate, credible threat. Code 5-73-309(5) makes any person convicted of a felony ineligible for a concealed carry license, but this does not apply to an applicant who has been granted a pardon by the governor or the President of the United States explicitly restoring his or her ability to possess a firearm; or an applicant sentenced prior to March 13, 1995, where the record of conviction has been sealed or expunged under Arkansas law; or to an applicant whose offense was dismissed and sealed or expunged under 16-93-301 et seq. The justification for stand your ground laws and hate crimes laws are the same the fundamental right to feel safe, Hutchinson said. In addition, Ark. If the person claiming self-defense is committing a crime or preparing to commit a crime when force is used then the claim of self-defense will become more suspect and may not apply. Code 5-73-103(b)(2). It is unlawful to refuse or to fail to immediately surrender for inspection any weapon on request of a wildlife officer or other person authorized to enforce regulations of the (game) Commission. The law applies if you are in or on your property, such as your . However, a recent law change bans the open carry of handguns. Scott Bradley, the executive director of the Arkansas Sheriffs Association, was quoted in the, as saying, HB1059 would encourage individuals to take matters into their own hands rather than avoid confrontation, resulting in many of our citizens being hurt or possibly killed.During debate on the bill in committee, Senator Stephanie Flowers of, ,a Blackwoman, began to speak passionately about the effects of gun violence on theBlack community, using several profanities, and when Senator Alan Clark of. A. 3:17. (c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is: (2) Not engaged in criminal activity that gives rise to the need to use physical force; and. Updated: Mar 3, 2021 / 03:59 PM CST. 2.22.2022 Shoot First lawsalso known as Stand Your Ground legislationare deadly, reckless, and extreme. (1) Curtilage means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and, (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or. (6) Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in 5-74-103. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Asa Hutchinson and the state legislature for passing SB 24 and Today, the Arkansas House marked the final vote on Stand Your ground Legislation, Senate Bill 24. Ultimately, the bill stalled in committee after a single Republican on the Senate Judiciary Committee joined with the committee's three Democrats to vote against the measure. Ark. Major support provided through a partnership with the Arkansas Department of Parks & Tourism. Likewise, a state without Stand your Grand law . Code 5-73-103(a)(1), (b)(1) (what constitutes a conviction). The first time you log in to our catalog you will need to create an account. However, in every neighboring state, were found to become more likely to die by gunfire in the wake of such laws. Code Ann. State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). Arkansas has long been a state with reliable self-defense laws that definitively assert citizens right to defend themselves and others against the unlawful use of force. They address the use of force outside of one's home, place of work, or vehicle. Feb 3, 2021 LITTLE ROCK, Ark. However, on December 23, 2020, Senator Bob BallingerofOzark (Franklin County)and Representative Aaron PilkingtonofClarksville(Johnson County), the sponsor of the 2019 bill,filed SB 24, which stipulated that: A person is justified in using physical force upon another person to defend himself or herself or a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force by that other person, and the person may use a degree of physical force that he or she reasonably believes to be necessary. The bill did specify that the person was only permitted to use physical forcewhilelawfully present in thelocation in question and generally not engaged in any criminal activity. The list and map below are included as a tool to assist you in validating your information. They cover most of the same issues as the castle laws (the places where this law applies, the requirements fro use of deadly force, if there is a duty to retreat, the amount . To understand how this could affect your self-defense case in Arkansas, let's take a closer look at the terminology and meaning of these laws. Following a more than three-hour long debate, members of the House Judiciary Committee voted Tuesday (Feb. 2) against SB 24 - a proposal to end the duty to retreat. If a parent or guardian knows that the minor is in illegal possession of a firearm at the premises of a public or private school, or at a public or private school's athletic stadium or other facility or building in which school-sponsored events are conducted, or at a public park, playground, or civic center, and the parent or guardian fails to either prevent the illegal possession or report it to an appropriate school or law enforcement official, the failure is a misdemeanor offense. Those self-defense laws are not the same in every state of the U.S. Code 5-73-120(a) makes it a crime to carry a handgun, knife, or club on or about the person or in a vehicle 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.. As reporter John Moritz summarized it, The amendment would have allowed someone with a gun who was illegally trespassing in an area where guns are prohibited to use their weapon inself defense, as long as they were not in the process of committing a more serious felony. The amendment was opposed by state prosecutors, but the change appeased the Gun Owners of Arkansas, and the bill passed out of committee on February 23, 2021. Arkansas State Police:http://www.asp.state.ar.us/divisions/rs/rs_chl_law.html#rec. The Senate Committee on Public Health, Welfare and Labor endorsed SB 99, which would regulate step therapy protocols. A person who uses threats or force in accordance with code section 16-3-21, which is the use of force in defense of self or others, 16-3-23 . A number of new laws took effect Wednesday in Arkansas. Keep reading to get the rest of the story on Arkansas laws as well as the exact text of the modified statutes at the end. What the hell are yougonnado, shoot me? Video of Flowerss remarks went viral, being viewed millions of times online, and received responses from,among others, Senator Kamala Harris of California, who was elected vice presidentof the United Statesin 2020. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject tofrequentchange. Hendren later joined a January 31 rally at the, On February 2, the bill failed to pass out of the House Judiciary Committee after three hours of citizen testimony against it, including from the pro-gun group Gun Owners of Arkansas, who, along withRepresentative Brandt Smith of. (2) Unborn child means the offspring of human beings from conception until birth. Only the State of Arkansas has the authority to bring suit against a firearm or ammunition manufacturer or dealer, however in a proclamation by the Governor of a state of emergency, the governing body of a local unit of government may enact an emergency ordinance regulating firearms. A spokeswoman said Dec. 23 Hutchinson hadnt yet read or taken a position on the new version. for which the person has been granted a pardon explicitly restoring the ability to possess a firearm, Ark. Gov. Under Ark. State Capitol Building500 Woodlane StreetSuite 320Little Rock, Arkansas72201-1090, State Capitol Building500 Woodlane Street, Suite 320Little Rock, Arkansas 72201-1090, In Session: 501-682-2902Out of Session: 501-682-6107. The "duty to retreat" is a legal requirement to not use deadly force in self-defense if you and anyone else at risk could safely retreat from the situation. Sport shooting ranges; exemptions from nuisance and noise pollution suits. George Zimmerman was famously acquitted after he used Floridas stand-your-ground law as a defense against a second-degree murder charge in his 2012 fatal shooting of Trayvon Martin, an unarmed black teenager. Stand your ground laws overturn centuries of jurisprudence, allowing people to avoid criminal prosecution for the use of deadly force even when the person could easily and safely retreat. Arkansas: Stand Your Ground Legislation Sent to the Governor's Desk for Signature Today, the Arkansas House marked the final vote on Stand Your ground Legislation, Senate Bill 24.. Stand-your-ground laws, which exist in most Southern states, among others, make it legal for someone to use deadly force in self-defense without first attempting to retreat. However, it is only recently with the signing of Arkansas Senate Bill 24 that the state has implemented so-called stand your ground laws properly. State law prohibits carrying a handgun with the "purpose to attempt to unlawfully employ the handgun as a weapon against a person;" Ark. In addition to the federal prohibitions on persons who cannot lawfully possess or acquire a firearm, Arkansas law prohibits the following persons from possessing or owning a firearm: any person convicted of a felony (including cases where the court suspended sentence or placed the defendant on probation) unless the case was dismissed or expunged or the person was pardoned; anyone who has been adjudicated mentally ill; and those who have been committed involuntarily to any mental institution. Most self-defense laws state that a person under threat of physical. The bills sponsor said that it would be amended to address concerns of affected parties. There is no evidence that stand your ground (SYG) laws have improved public safety by deterring violent crime. (Staton Breidenthal/The Arkansas Democrat-Gazette via AP, File), Connect with the definitive source for global and local news. . Some forums can only be seen by registered members. Your email address will not be published. No state permit is required for the purchase or possession of a rifle, shotgun, or handgun. The license is valid throughout the state for 5 years from the date of issuance. Creating an account gives you access to all these features. (AP) The Arkansas Senate on Tuesday passed legislation easing restrictions on the use of deadly force in self-defense, sending the measure to the House. (Arkansas Democrat-Gazette/Thomas Metthe) Gov. . A local unit of government shall not enact impose any restriction on firearm ownership or possession during a declared state of emergency. Senate Bill 24 now heads to Gov. Modern stand-your-ground legislation has its genesis in 2005 in the state of Floridaand swiftly spread to some twenty-five other states by 2020, supported by the National Rifle Association and the American Legislative Exchange Council. International & United Nations Gun Control, Micro-Stamping | Ballistic "Fingerprinting", Second Amendment & Right to Keep and Bear Arms, Women On Target Instructional Shooting Clinics, Volunteer At The Great American Outdoor Show, Marion P. Hammer Women Of Distinction Award, Women's Wildlife Management / Conservation Scholarship, National Youth Shooting Sports Cooperative Program, http://www.asp.state.ar.us/divisions/rs/rs_chl_law.html#rec, https://opinions.arcourts.gov/ark/courtofappeals/en/346005/1/document.do, https://static.ark.org/eeuploads/asp/PP_Table_11_30_17a.pdf, https://ccresourcecenter.org/restoration/, Arkansas: 2023 Legislative Session Convenes Today, Arkansas: Legislature Convenes for its 2022 Fiscal Session, These 12 Incidents of Defensive Gun Use Prove Armed Civilians Make Situations Safer, Arkansas: Self-Defense Clarification Legislation Heads Back to the Senate for Concurrence Vote, Arkansas: House Committee Passes Self-Defense Clarification Bill, Arkansas: Hearing for Self-Defense Clarification Legislation Delayed Until Tomorrow, Arkansas: House Committee to Consider Self-Defense Clarification Measure, NRA-backed Stand Your Ground Becomes Law in Arkansas, Arkansas: Stand Your Ground Legislation Sent to the Governors Desk for Signature. Official Code of Georgia 16-3-23.1 is known as the "use of force in defense of habitation, property, self, or othersno duty to retreat.". However, on December 23, 2020, Senator Bob Ballingerof. This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. (3) The physical force involved is the product of a combat by agreement not authorized by law. An application for a license to carry a handgun concealed is made to the Arkansas State Police. "This law . For additional information on pardons, sealing and expungements of records in Arkansas, see https://ccresourcecenter.org/restoration/. Texas Penal Code, Chapter 9, Subchapter D. "Dooley" Womack (1971-1982). SB24 removes the obligation for a person to retreat before deadly force can be used. The Duty to Retreat (iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present. However, that opposing Republican, state Sen. John Cooper, R-Jonesboro, lost his primary during the 2020 election cycle to a state representative who had the backing of the National Rifle Association. 2023 National Rifle Association of America, Institute for Legislative Action. 100 Rock Street On February 2, the bill failed to pass out of the House Judiciary Committee after three hours of citizen testimony against it, including from the pro-gun group Gun Owners of Arkansas, who, along withRepresentative Brandt Smith ofJonesboro (Craighead County),took particular offense with the provision in the bill requiring that someone be lawfully present in the location where they used physical force.