(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. * This rests on court rulings. Sport shooting ranges; exemptions from nuisance and noise pollution suits. 1013 and S. Res. The NRA is a longtime supporter of such measures. Thankfully, the passage of Senate Bill 24 has tuned-up Arkansas statutes into a model example of modern stand your ground law. Online athttps://www.arkansasonline.com/news/2021/feb/23/stand-your-ground-bill-passes-house-committee-2nd-/ (accessed June 5, 2021). (B) The threat of any bodily impact, restraint, or confinement; (8) Unlawful physical force means physical force that is employed without the consent of the person against whom it is directed and the employment of the physical force constitutes a criminal offense or tort or would constitute a criminal offense or tort except for a defense other than the defense of justification or privilege; and. If enacted, the bill would remove a provision in current law that says people may not use deadly force if they are able to retreat safely. Stand your ground laws are associated with increases in lethal violence in some states. What Is The Second Amendment And How Is It Defined. In general, the law of self-defense is an affirmative defense that allows a defendant to argue that the use of force was justified to protect herself or others harm. An application for a license to carry a handgun concealed is made to the Arkansas State Police. Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. The most recent was signed into law by Ohios governor earlier this year. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. Proponents of the bill could not provide evidence that anyone in the state had ever been prosecuted for acting in self-defense, and the castle doctrine, which permits physical self-defense when on ones property(in ones house or car), already covered a wide range of possibilities for the use of force in self-defense. However, this law does not in any way grant a self-defender the right to act outside of all other law governing self-defense. Sign up for The Article's twice-weekly newsletter here or go here to see stories that have appeared in past newsletters. (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under 5-74-103. 18, 92d Gen. ***Note: Arkansas has recently enacted Senate Bill 24 which amends the existing state statutes concerning the lawful use of force in self-defense, including the Stand Your Ground portions of the law. What is Stand Your Ground? 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. The Republican-led measure, SB24, would allow an armed person to. LITTLE ROCK (KATV) Arkansas lawmakers passed the controversial 'stand your ground' bill 72-23 on the House floor Wednesday. Code 16-98-303(g) (drug court); see Ark. A local unit of government shall not enact impose any restriction on firearm ownership or possession during a declared state of emergency. This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. (Ark. Encyclopedia of Arkansas In fact, stand-your-ground began to receive extra scrutiny nationally following the February 2012 killing of Trayvon Martin, aBlack teenager, by self-appointed neighborhood watchman George Zimmerman. Licensees without a license endorsement and others cannot carry a concealed handgun into any of the places listed in Ark. 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. 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. 5-2-614. 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. This law does not mean that you can use deadly force whenever and wherever you want to. Ark. Courts have interpreted this as requiring the possessor of a handgun to have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act. in 2021 found that, in all but one of Arkansass neighboring states, the number of people killed in shootings increased following approval of stand-your-ground legislation, in some cases by double-digit percentages; the one exception was Texas. Gov. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. The first time you log in to our catalog you will need to create an account. (2) With complete safety by surrendering possession of property to a person claiming a lawful right to possession of the property. 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. told her that she needed to stop, she replied, No, I dont. Little Rock, AR. That sounds reasonable enough on the surface, but such language places an undue burden on a defender who is already in extremely perilous circumstances. 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. 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. The legislation, SB24, referred to as a "Stand Your Ground" bill passed the House and Senate earlier this year after being reworked. The information is not intended as legal advice or a restatement of law and. Any person in possession of a valid license issued by another state to carry a concealed handgun shall be entitled to the privileges and subject to the restrictions prescribed by Arkansas concealed handgun law. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. "Stand Your Ground" policy removes a duty to retreat before a would-be victim can use deadly force to defend against the imminent threat of death or great bodily injury. A black Arkansas lawmaker made national headlines after she made impassioned remarks to her white colleagues about a proposed "stand your ground" law. 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. Code 14-16-501, the governing body of a suburban improvement district (as defined) may ask a county to regulate, by ordinance, the discharge of firearms and the shooting of archery equipment within all or any part of the suburban improvement district. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground measure. 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. Stand Your Ground Laws are often expansions of the Castle Laws. (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. After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573. 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. One exception to the preemption statute allows ordinances regulating or forbidding the unsafe discharge of a firearm. The measure, Senate Bill 24, passed through both chambers of the Arkansas legislature after first failing to make it through the committee process earlier in the session. State law prohibits carrying a handgun with the ", purpose to attempt to unlawfully employ the handgun as a weapon against a person;" Ark. 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. No state permit is required for the purchase or possession of a rifle, shotgun, or handgun. Health insurance companies are using step therapy in more plans nowadays, as a method of holding down costs of prescription drugs. An amendment to 14-16-504(c)(1) in 2011 deleted an exception for emergencies and now reads: The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. A person who has his or her firearm seized in violation of this prohibition may bring an action in the circuit court having jurisdiction for the return of the seized firearm. 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. 2.22.2022 Shoot First lawsalso known as Stand Your Ground legislationare deadly, reckless, and extreme. Gov. Please look at the time stamp on the story to see when it was last updated. A review of gun death statistics by the. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. . This does not apply to persons with a valid concealed carry license, law enforcement, center-fire weapons at a firing range maintained for the discharging of a center-fire weapon, and the discharge of a firearm in defense of a person or property within the areas. Hutchinson said the new law should be monitored, saying changes may need to be made if voters arent provided necessary assistance in voting. Under Ark. 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. 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. Code 5-73-103(b)(2). The licensee must carry the license, or an electronic copy of the license in an "acceptable electronic format," together with valid identification, at any time when the licensee is carrying a concealed handgun. A local unit of government may not enact or enforce any ordinance or regulation affecting firearms or ammunition, except as allowed by state law. However, a recent law change bans the open carry of handguns. Florida's "stand your ground" law, then you can seek a dismissal of the charges against you. "A person who uses or threatens to use physical . We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to, change. See the section on "Carrying," below. Code Ann. 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. During a debate Wednesday about Senate . (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. At least three more have added "stand your ground" as laws since then: Ohio, Arkansas and North Dakota.. The bill only affects wet counties, because liquor stores could only make deliveries in the same county in which they are located. Texas Law. 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. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. Asa Hutchinson signed a "Stand Your Ground" bill into law Wednesday (March 3) despite his belief that it's not necessary, but he hopes the Legislature also will pass a hate crimes bill as a complementary measure. If you are attacked by someone and that person intends to harm you or kill you, you have the right to defend yourself. A Stand Your Ground Law is a law that allows citizens to protect themselves if they feel their lives are in danger, regardless of whether they could have safely exited the situation. This project is funded in part by a National Endowment for the Humanities (NEH) Sustaining the Humanities through the American Rescue Plan grant award. Under the protocol, the patient gets more expensive drugs after the insurance company has reviewed the case and determined that the cheaper drug does not work. The National Conference of State Legislatures (NCSL) counted 25 as of May 26, 2020. (iStockphoto) A "stand your ground" law states that a person may use deadly force in self-defense without the duty to . Arkansas allows restoration of firearm rights lost due to a criminal conviction. (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. LITTLE ROCK, Ark. (B) However, the pregnant woman is not obligated to retreat or surrender possession of property as described in 5-2-607(b) unless the pregnant woman knows she can avoid the necessity of using deadly physical force and simultaneously ensure the complete safety of her unborn child. Arkansas Code 5-2-615 is amended to read as follows: 5-2-615. At least 28 states have Stand your Ground laws, according to the Giffords Center to Prevent Gun Violence. With that phrasing, English common law reinvented the Castle Doctrine, the concept that one may be safe and protect one's home. , prosecutors finally charged Zimmerman, but a jury ended up acquitting him of any crime. 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. The Senate approved the measure, Senate Bill 24, on a vote of 27-to-7, with one senator not voting. A. - Senate Bill 24, the Stand Your Ground Bill, was passed out of the House Judiciary Committee on Tuesday. Arkansas While Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. that has been dismissed and sealed or expunged under the process outlined at Ark. LITTLE ROCK, Ark. The defensive force used must be proportional to the threat, but includes deadly force if called upon. Stand Your Ground Bill Passes House Committee on 2nd Try.Arkansas Democrat-Gazette, February 23, 2021. This field is for validation purposes and should be left unchanged. (Staton Breidenthal/The Arkansas Democrat-Gazette via AP, File), Connect with the definitive source for global and local news. Admin. 16-93-301 et seq. A similar measure stalled in the Legislature two years ago, but the bill this year moved more easily after groups such as the states sheriffs and prosecutors associations that previously opposed it said theyre neutral to the latest version. This is what it says. 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. A person may use force to defend their property, but not deadly force, unless such property is their home.Under certain circumstances, a person may use deadly force to protect their home under. SB24 removes the obligation for a person to retreat before deadly force can be used. Code 5-73-122, a meeting place of the governing body of any governmental entity, state offices, athletic events not related to firearms, places of worship, and public college or university campus buildings, provided that the private entities (like bars, private colleges and universities or places of worship) have not themselves opted to restrict firearms on their property. Citizens in Arkansas may use force to protect themselves from any threat, or to protect someone else, so long as the force used is reasonable and proportional to the threat they are facing, but includes deadly force if required. In other news, the Senate approved legislation to complete the merger of Henderson State University at Arkadelphia into the Arkansas State University System. City-Data Forum > U.S. Forums > Arkansas: Stand your ground law in Arkansas (house, gated, living) User Name: Remember Me: Password Please register to participate in our discussions with 2 million other members - it's free and quick!