Stand-your-ground laws are a subject of considerable interest to concerned citizens who fear they might one day need to use force, including lethal force, in defense of themselves and their families. 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. We cant really know yet. 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. The evidence is stunningly clear: this law will make Arkansas less safe, said Kate Fletcher, a volunteer with the Arkansas chapter of Moms Demand Action, said in a statement released by the group. (B) However, a person is not required to retreat if the person is: (i) Unable to retreat with complete safety; (ii) In the persons dwelling or on the curtilage surrounding the persons dwelling and was not the original aggressor; or, (iii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or. All rights reserved. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. The Georgia Stand Your Ground Law. 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. Nearly 2,700 voters in Arkansas without ID used the affidavit option in last years election and had their vote counted, according to numbers compiled by the American Civil Liberties Union of Arkansas, which opposed the legislation. (b) A pregnant woman is justified in using physical force or deadly physical force against another person to protect her unborn child if, under the circumstances as the pregnant woman reasonably believes them to be, she would be justified under 5-2-606 or 5-2-607 in using physical force or deadly physical force to protect herself against the unlawful physical force or unlawful deadly physical force she reasonably believes to be threatening her unborn child. Ark. (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. Online athttps://www.arkansasonline.com/news/2021/feb/23/stand-your-ground-bill-passes-house-committee-2nd-/ (accessed June 5, 2021). 488 (Ark. Honor or memorial gifts are an everlasting way to pay tribute to someone who has touched your life. (iStockphoto) A "stand your ground" law states that a person may use deadly force in self-defense without the duty to . Arkansas's Open Carry Open carry of long guns is allowed in Arkansas. It's very important to remember that stand your ground and castle doctrine laws vary from state to state. The laws that give you that right are called Stand your Ground laws. The bills sponsor said that it would be amended to address concerns of affected parties. The stand your ground defense is also known as the Castle Doctrine. This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. Stand Your Ground Bill Passes House Committee on 2nd Try.Arkansas Democrat-Gazette, February 23, 2021. Persons with the endorsement cannot carry within a posted firearm-sensitive area that has been approved by the Department of Arkansas State Police and located at: the Arkansas State Hospital, the University of Arkansas for Medical Sciences, or a collegiate athletic event. The stand your ground statute grants any "person" who uses or threatens to use force permitted by 776.012, 776 . Stand-Ground Bill Introduced by Legislators.Arkansas Democrat-Gazette, December 24, 2020, pp. Tomorrow, the House Judiciary Committee is scheduled to consider self-defense expansion legislation, Senate Bill 573. Asa Hutchinson and the state legislature for passing SB 24 and making stand your ground legislation the law. Review Looks at States Rates of Gun Deaths; Most of Arkansas Neighbors Saw Rise after Laws Passage.Arkansas Democrat-Gazette, February 22, 2021. Sign up for The Article's twice-weekly newsletter here or go here to see stories that have appeared in past newsletters. SB99 would change the law governing health insurance, prescription drugs and the authority of physicians. Possession or ownership of any firearm is unlawful for any person who has been: It is unlawful to sell, give, rent, or otherwise furnish a firearm to a person under 18 without the consent of a parent, guardian, or other person responsible for the general supervision of the minors welfare. This week, the Arkansas State Legislature convened for its 2022 Fiscal Session. (b) A person is not justified in using physical force upon another person if: (1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person; (2)(A) The person is the initial aggressor. The House Judiciary Committee was scheduled to consider self-defense expansion legislation, Senate Bill 573, last week. FILE - In this March 23, 2020 file photo, Gov. The justification for Stand Your Ground and laws addressing targeted crimes are the same: the fundamental right of all citizens to feel safe, Hutchinson said. 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. Arkansas: Stand Your Ground Legislation Could be Heard as Early as Tomorrow! Proponents of the bill said prosecutors across the state already don't take into account the duty to . What does "stand your ground" mean? This section discusses some circumstances under which a person may use deadly force to defend themselves or others. When a tribute gift is given the honoree will receive a letter acknowledging your generosity and a bookplate will be placed in a book. Little Rock, AR. Thanks to the aforementioned bill being signed by the governor into law, Arkansas citizens now enjoy uniformly excellent protection concerning the just use of force in self-defense. 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. 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. Legislators in Arkansas passed a "Stand Your Ground" law in recent weeks by an overwhelming margin, and Governor Asa Hutchinson has now signed the measure into law. The Republican-led measure, SB24, would allow an armed. March 28, 2012, at 5:25 p.m. Are 'Stand Your Ground' Laws a Good Idea? LITTLE ROCK, Ark. Despitethe fact that Zimmermandisobeyed the request of authorities that Zimmerman not follow Martin, as well asinitiated the conflict with Martin, police in Sanford, Florida, initially refused to charge Zimmerman with any crime, citing the states stand-your-ground law. Hutchinson said Sunday, Feb. 21, 2021, he will not back former President Donald Trump if he runs for the White House in 2024, saying its time to move on to different voices in the Republican Party. As a result of the opposition, the bill did not make it out of committee. Rate and review titles you borrow and share your opinions on them. 2023 National Rifle Association of America, Institute for Legislative Action. 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. Arkansas Code 5-2-607 is amended to read as follows: 22 5-2-607. Hutchinson said he was persuaded by law enforcement groups dropping their opposition, though acknowledged the fears from Black lawmakers and others that it will lead to more violence against people of color. A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, the ownership, transfer, transportation, carrying, or possession of firearms, ammunition for firearms, or components of firearms, except as otherwise provided in state or federal law. Review Looks at States Rates of Gun Deaths; Most of Arkansas Neighbors Saw Rise after Laws Passage., https://www.arkansasonline.com/news/2021/feb/22/review-looks-at-states-rates-of-gun-deaths/, Moritz, John. A local unit of government may not enact or enforce any ordinance or regulation affecting firearms or ammunition, except as allowed by state law. Required fields are marked *. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground measure. Understand this: Stand Your Ground, and self-defense in general, applies to an immediate, credible threat. Stand-Your-Ground Explained. Rand Corporation, 2018.https://www.rand.org/pubs/research_reports/RR2088.html (accessed June 5, 2021). The 277 vote in the Senate for the bill on January 19, 2021, largely split along party lines, with all, voting against it and all Republicans supporting it, save Jim Hendren, who later left the Republican Party. Updated: Feb 23, 2021 / 08:57 PM CST. Pursuant to Ark. (Arkansas Democrat-Gazette/Thomas Metthe) Gov. You can contact us either online or by calling us toll-free at (888) 433-4861. 1B, 6B. 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. The new stand your ground law removes the . However, in every neighboring state,African Americanswere found to become more likely to die by gunfire in the wake of such laws. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. The Arkansas House of Representatives has approved legislation that would loosen the state's rules on the use of deadly force in self-defense. The only restrictions concerning the lawful use of force and self-defense within the state of Arkansas are those covering said force used during the commission or imminent commission of a crime on the part of the would-be defender. 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. 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. Code 5-73-306 generally, any police station, sheriff's station, or Arkansas State Police station; any Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department facility; any detention facility, prison, or jail; a courthouse or courtroom; any part of an establishment, except a restaurant as defined by law, licensed to dispense alcoholic beverages for consumption on the premises or where beer or light wine is consumed on the premises; schools and places of higher education; a parade or demonstration requiring a permit where the person is a participant in the parade or demonstration, and other places listed in the section. Today, January 9th, the Arkansas State Legislature begins the 2023 legislative session. Your email address will not be published. In addition, Ark. So, Stand Your Ground law has the potential to make a self-defender's actions easier to defend in this single regard as it removes the obligation to retreat from a threat. Possession of firearms in fields, forests, along streams, or in any location known to be game cover shall be considered prima facie evidence that the possessor is hunting. Asa Hutchinson, right, speaks in Little Rock, Ark. The Arkansas State Police has posted a list of places where carrying a concealed handgun is prohibited, and any exceptions, at https://static.ark.org/eeuploads/asp/PP_Table_11_30_17a.pdf. that has been dismissed and sealed or expunged under the process outlined at Ark. LITTLE ROCK, Ark. A review of gun death statistics by the. (b) A person who operates or uses a sport shooting range is not subject to an action for nuisance, and no court of the state may enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with noise control ordinances of units of local government that applied to the range and its operation at the time the range was constructed and began operation. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. Code 002.00.1-05.06. LITTLE ROCK - The Senate passed legislation known as the "Stand Your Ground" bill, which would allow someone to use deadly force to defend themselves against an aggressor. Arkansas While Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. Senators Sorted by Congressional District and Seniority, 94th General Assembly Senate Lists (PDFs), Education Resources & History Questions for Students, Senator Jerry Bookout (1973-1996 / 2003-2006), Senator Charlie Cole Chaffin (1984-1994), Senator Morril H. Harriman, Jr. (1985-2000), Senator Kim Hendren (1979-1982) (2003-2012), Senator W. D. "Bill" Moore, Jr. (1967 - 1994), Senator James C. "Jim" Scott (1983-2002), Senator J. Major funding provided by the Winthrop Rockefeller Foundation. The stand your ground law in Tennessee allows you to use deadly force as a form of self-defense when you feel you are in immediate danger of serious harm or death, according to News Channel 5. Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. (Unsure how a bill becomes a law. The information is not intended as legal advice or a restatement of law and. What has happened in the past with Arkansas stand-your-ground legislation? Ark. Some conservative lawmakers tried unsuccessfully to loosen the restrictions even further by expanding where lethal force could be used in self defense. 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.. One exception to the preemption statute allows ordinances regulating or forbidding the unsafe discharge of a firearm. 1013 and S. Res. (3) The physical force involved is the product of a combat by agreement not authorized by law. Code 5-73-119(e), including lawfully hunting, or participating in a school-approved educational course or sporting activity involving the use of firearms, or engaging in a lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of a parent or legal guardian (or traveling to or from this activity with an unloaded handgun or firearm accompanied by a parent or legal guardian), or possession within the minor's own dwelling or place of business or on property in which the minor has a possessory or proprietary interest, or while participating in a certified hunting safety course or a firearm safety course recognized and approved by the State Game and Fish Commission or by a state or national nonprofit organization qualified and experienced in firearm safety. The Stand Your Ground law doesn't apply in certain situations. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. (b) When a person is justified under this subchapter in using physical force but he or she recklessly or negligently injures or creates a substantial risk of injury to a third party, the justification afforded by this subchapter is unavailable in a prosecution for the recklessness or negligence toward the third party. The bill had the backing of the National Rifle Association. 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.. This includes cars, homes, and other public places. Code 5-73-103(b)(2). Likewise, a state without Stand your Grand law . Res. signed into lawAct 250,a so-called stand-your-ground bill. For additional information: The Arkansas governor spoke about the legislation during a "Pen and Pad" session in his office with reporters. Similarly, under 14-16-502, a property owners association (with a population at least equal to that prescribed for cities of the first class and which is located outside the boundaries of a municipality) may ask a county to regulate, through an ordinance, the discharge of firearms and the shooting of archery equipment within all or any part of the area included in the property owners association. The Arkansas State Senate passed a 'Stand Your Ground' bill, which removed a duty to retreat from an attacker if possible and expanded a current self-defence law to apply to areas outside. Code 5-73-120(a). Code Ann. A sport shooting range means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting. Moritz, John. (c) The justification for using physical force or deadly physical force against another person to protect a pregnant womans unborn child is not available if: (1) The the use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman; or. (2) However, the person may not use deadly physical force except as provided in 5-2-607. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. 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. Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. This may be reproduced. Please look at the time stamp on the story to see when it was last updated. Code 5-73-103(d). Some forums can only be seen by registered members. Arkansas has long been a state with reliable self-defense laws that definitively assert citizen's right to defend themselves and others against the unlawful use of force. The law applies if you are in or on your property, such as your . 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 . You can also use protective force in public where you have a right to be by law. Castle Doctrine The list and map below are included as a tool to assist you in validating your information. Patients and their physicians could ask for an exemption from the protocol, and the process of getting an exemption must be clear, readily accessible and convenient. Although you still have the right to defend yourself, if you draw your concealed weapon and fire in response, you may have to explain to the judge or jury why you didn't try to run away first.