Stand your ground laws authorize the use of deadly force to protect yourself or others from threats of force or bodily injury without being required to try to escape. 11250 Waples Mill Rd. For additional information: 1B, 6B. Most self-defense laws state that a person under threat of physical injury . 'Stand Your Ground' bill passes in Arkansas House, heads to Gov 'Stand your ground' laws: Everything you need to know | CNN Section 5-73-120(a) has not been amended following the Taff decision, but in 2019, both houses of the Arkansas General Assembly passed resolutions with identical wording, declaring that Arkansas is a constitutional carry state, with no permit required to carry a handgun, either unconcealed or concealed; see H.R. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. The stand your ground defense is also known as the Castle Doctrine. ***, AN ACT CONCERNING THE DEFENSE OF A PERSON WITH THE, USE OF PHYSICAL FORCE OR DEADLY PHYSICAL FORCE; AND. There is no evidence that stand your ground (SYG) laws have improved public safety by deterring violent crime. House Minority Leader Tippi McCullough, D-Little Rock, said she believes most Democrats in the state Legislature will remain opposed to a repeal of the duty-to-retreat language. 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. Read our guide to the General Assembly.). The bill removes the duty to retreat from Arkansas' self-defense laws. Under Ark. (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. Code 5-73-103(d). A stand your ground law is typically Incorporated into a state's statutes governing the use of force in self-defense, . With time, the definition of our "home" expanded into the space around us . Arkansas statutes are silent on antique and replica firearms. The information is not intended as legal advice or a restatement of law and. A black Arkansas lawmaker made national headlines after she made impassioned remarks to her white colleagues about a proposed "stand your ground" law. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. The law applies if you are in or on your property, such as your . Self Defense and "Stand Your Ground" - National Conference of State 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. 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. Yesterday, the Arkansas House passed pro-gun legislation, Senate Bill 573. Arkansas's neighboring states have already done so, Hutchinson said. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to, change. In other news, the Senate approved legislation to complete the merger of Henderson State University at Arkadelphia into the Arkansas State University System. Most self-defense laws state that a person under threat of physical. 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. Stand-Ground Bill Now Law.Arkansas Democrat-Gazette, March 4, 2021, pp. 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. When he signed the bill into law, he did state his hope that legislators would then take up the proposed hate crimes bill that had been lingering in the, Monk, Ginny, and John Moritz. (Staton Breidenthal/The Arkansas Democrat-Gazette via AP, File), Connect with the definitive source for global and local news. What Is The Second Amendment And How Is It Defined. 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. 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. 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 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. (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. The Dangerous Expansion of Stand-Your-Ground Laws and its Racial (c) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located sport shooting range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin, or impede the use of the range unless there has been a substantial change in the nature of the use of the range or by a person using the range. Stand Your Ground bill 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 when using physical or deadly force. Please look at the time stamp on the story to see when it was last updated. or 16-98-303(g). 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. LITTLE ROCK, Ark. In response to the bill, the Arkansas chapter of Moms Demand Action for Gun Sense in America, a national organization founded in 2012 following the Sandy Hook Elementary School shooting that left twenty-six people dead (including twenty children), said in a press release that the bill would embolden vigilantes and extremists to shoot first and ask questions later, weaken gun laws, and make Arkansas less safe, particularly for people of color.A letter co-signed by seventy-nine religious leaders stated that the bill encourages people to resolve issues with violence.Thefirsthearingon the billcame exactlyone week after armeddomesticterrorists(many of them self-professed gun enthusiasts, such as the Arkansas-basedextremistRichard Bigo Barnett) attacked the U.S.Capitol in Washington DCon January 6, 2021,as part of an attempted coup dtat. Therefore, the law allows him to use . Stand-Your-Ground Explained. This may not be reproduced for commercial purposes. Citizens in Arkansas may use force and self-defense to protect themselves from the unlawful use of force against their person or someone else. 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. Committed involuntarily to any mental institution. This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. 72201. 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. Scott Bradley, the executive director of the Arkansas Sheriffs Association, was quoted in theArkansas Democrat-Gazetteas 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 ofPine Bluff (Jefferson County),a Blackwoman, began to speak passionately about the effects of gun violence on theBlack community, using several profanities, and when Senator Alan Clark ofLonsdale (Garland County)told her that she needed to stop, she replied, No, I dont. Your e-mail is 100% safe. Arkansas 'stand your ground' bill set to become law | KATV They address the use of force outside of one's home, place of work, or vehicle. Code Ann. The Arkansas governor spoke about the legislation during a "Pen and Pad" session in his office with reporters. Stand Your Ground Rules in Texas - U.S. LawShield Is California a "Stand Your Ground" State? - Shouse Law Group However, this law does not in any way grant a self-defender the right to act outside of all other law governing self-defense. Watch on. FAIRFAX, Va. -- The National Rifle Association applauds Arkansas Gov. 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. Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. For example, an armed robber cannot shoot someone during the robbery and then claim they were defending themselves. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground measure. (Unsure how a bill becomes a law in Arkansas? Code 5-73-103(b)(2). for which the person has been granted a pardon explicitly restoring the ability to possess a firearm, Ark. (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under 5-74-103. 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: For a Man's House is His Castle Stand-Ground Bill Introduced by Legislators., . - Senate Bill 24, the Stand Your Ground Bill, was passed out of the House Judiciary Committee on Tuesday. (3) The physical force involved is the product of a combat by agreement not authorized by law. . This field is for validation purposes and should be left unchanged. Code Ann. Asa Hutchinson never formally took a stance on the measure in 2019, but said at the time that he was "hesitant" to change the state's existing self-defense laws. Stand Your Ground Laws Explained - TalksOnLaw 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. Senate Approves "Stand Your Ground" Bill - Arkansas Senate Arkansas' stand-your-ground bill, explained - Gun And Survival (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. All rights reserved. (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. (d) Rules adopted by any state agency for establishing levels of noise allowable in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this subchapter. Stand-ground bill now law - Arkansas Online 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. 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. 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. Staff of the CALS Encyclopedia of Arkansas. The license is valid throughout the state for 5 years from the date of issuance. The new stand your ground law removes the . Tomorrow, the House Judiciary Committee is scheduled to consider self-defense expansion legislation, Senate Bill 573. However, a recent law change bans the open carry of handguns. On March 3, 2021, Governor Asa Hutchinson signed into law Act 250, a so-called "stand-your-ground" bill. 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.