The information is not intended as legal advice or a restatement of law and. 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. Prior to the implementation of this bill into law the statutes contained language enumerating that a defender must attempt to retreat if it was plausible to do so without incurring any additional risk or harm. It is unlawful to shoot from or across a public road or right of way. Learn more about how this website uses cookies to enhance your browsing experience. Arkansas State Legislature. One exception to the preemption statute allows ordinances regulating or forbidding the unsafe discharge of a firearm. Code Ann. "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. This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. March 03, 2021 10:33 PM ET. (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under 5-74-103. During a debate Wednesday about Senate . A shooting range may not be held liable in a civil lawsuit or criminal action based on a claim of noise or noise pollution. that has been dismissed and sealed under the process at Ark. Code 14-1-101 directs that a sport shooting range or sports facility that is not in violation of a state law or an ordinance of a local unit of government prior to the enactment of a new ordinance affecting the range or facility may continue to operate even if, at or after the time of enactment of the new ordinance affecting the range or facility, the operation is not in compliance with the new ordinance. Texas Penal Code, Chapter 9, Subchapter C. Some of the provisions within this subchapter, "Protection of Persons," are often referred to as the "stand your ground" laws. Code 14-16-504(b)(2) and 14-54-1411(b)(2), local units of government are specifically restricted from suing and seeking damages or other relief against any firearm or ammunition manufacturer, trade association, or dealer resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public. It is unlawful to transport a firearm in a boat at night, unless it is unloaded and cased. In states with stand your ground laws, rather than requiring a victim to put forth a self-defense argument at trial, trial is avoided altogether, by granting immunity for such situations. For more information, contact 501-918-3025 orcalsfoundation@cals.org. It would make permanent the temporary allowances initiated by executive order last year, at the start of the pandemic. (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. However, the proposed hate crimes bill failed to make it out of committee. . A stand your ground law is typically Incorporated into a state's statutes governing the use of force in self-defense, . LITTLE ROCK, Ark. 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. This firearm prohibition does not apply to a conviction: Ark. Pursuant to Ark. 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. March 28, 2012, at 5:25 p.m. Are 'Stand Your Ground' Laws a Good Idea? A review of gun death statistics by theArkansas Democrat-Gazettein 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. 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. Arkansas has long enjoyed robust laws protecting citizens who are forced to defend themselves against attack, but only very recently has the law been amended to include full stand your ground protections. (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. People can use deadly force as a first option rather than the last. Moritz, John. 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. 1B, 6B. 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. (a) When a person believes that the use of physical force is necessary for any purpose justifying that use of physical force under this subchapter but the person is reckless or negligent either in forming that belief or in employing an excessive degree of physical force, the justification afforded by this subchapter is unavailable in a prosecution for an offense for which recklessness or negligence suffices to establish a culpable mental state. 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. Asa Hutchinson and the state legislature for passing SB 24 and making stand your ground legislation the law. Watch on. Additional support provided by the Arkansas General Assembly. . 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. State law makes the parent or guardian of a minor criminally responsible for the minors possession of a firearm in certain cases. Your email address will not be published. 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. Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. 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 . 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. The Stand Your Ground law doesn't apply in certain situations. A black Arkansas lawmaker made national headlines after she made impassioned remarks to her white colleagues about a proposed "stand your ground" law. 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. Hutchinson tried to connect the legislation to another bill hes advocating that would impose additional penalties for committing crimes against someone because of their race, sex, sexual orientation or other characteristics. If you can, provide 1-2 sources of information backing up this correction. Ark. There is no specific restoration process for persons who are prohibited due to an adjudication or commitment for mental illness. 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.". Asa Hutchinson on Wednesday signed into law a measure easing the states restrictions on the use of deadly force in self-defense, but urged conservatives who pushed for the legislation to pass a hate crimes proposal theyve so far resisted. 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 bill removes the duty to retreat from Arkansas' self-defense laws. This is available only if the felony conviction or delinquency adjudication did not involve the use of a weapon; and occurred more than eight years prior to the time of application. However, there is an iteration of a stand your ground law called the "castle doctrine" that affects self-defense cases. Encyclopedia of Arkansas If reconstruction, repair, or rebuilding is not completed within one year, the reconstruction, repair, or rebuilding may be terminated in the discretion of the local unit of government. Stand Your Ground Laws are often expansions of the Castle Laws. Committed involuntarily to any mental institution. Under Ark. It is unlawful to deface the serial number or identification mark of a firearm, or to knowingly possess such a firearm. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. 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 local unit of government may not enact or enforce any ordinance or regulation affecting firearms or ammunition, except as allowed by state law. What does stand your ground" mean? SB 99 would require health insurers to rely on established research and clinical guidelines when they write step therapy protocols into coverage plans. This principle has been codified and expanded by state legislatures. Major funding provided by the Winthrop Rockefeller Foundation. With that phrasing, English common law reinvented the Castle Doctrine, the concept that one may be safe and protect one's home. The defensive force used must be proportional to the threat, but includes deadly force if called upon. Under Ark. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. (a)(1) 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. This may not be reproduced for commercial purposes. Arkansas's neighboring states have already done so, Hutchinson said. This bill eliminated the "duty to retreat" prior to the use of physical force, even lethal force, in an act of alleged self-defense. Pursuant to Ark. (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. SB99 would change the law governing health insurance, prescription drugs and the authority of physicians. 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. Admin. (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. The first time you log in to our catalog you will need to create an account. Republican Gov. It passed by a vote of 19-to-9, with seven senators not voting. It's very important to remember that stand your ground and castle doctrine laws vary from state to state. Arkansas: Stand Your Ground Legislation Could be Heard as Early as Tomorrow! At least three more have added "stand your ground" as laws since then: Ohio, Arkansas and North Dakota.. Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. Hutchinson also signed legislation that makes the states voter ID law even stricter by no longer allowing people without identification to cast a ballot if they sign an affidavit. Arkansas citizens may use force and self-defense, including lethal force, so long as it is proportional to the threat against them or another person and they are in any place that they legally, lawfully have a right to be. This is what it says. Please note that the above is not a comprehensive summary as the state law on prohibited places for carrying handguns and other firearms is complex. SB 116 also adds two members to the ASU System Board of Trustees, bringing it from five to seven. Additionally, citizens may employ force to protect themselves so long as they are anywhere that they legally, and lawfully have a right to be, and there is no longer any duty to retreat from such a place under any circumstances. (9) Vehicle means any craft or device designed for the transportation of a person or property across land or water or through the air. The most recent was signed into law by Ohios governor earlier this year. Yesterday, the Arkansas House passed pro-gun legislation, Senate Bill 573. . As a result of the opposition, the bill did not make it out of committee. * This rests on court rulings. 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. This does not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government. Asa Hutchinson signed a 'Stand Your Ground' bill into law on Wednesday afternoon despite past concerns that he raised regarding the measure. Code 5-73-127, it is unlawful to possess a loaded center-fire weapon, other than a shotgun and other than in a residence or business of the owner, in the listed parts of Baxter County, Benton County, Benton and Carroll Counties, Conway County, Garland County, Marion County, and a platted subdivision located in an unincorporated area. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. Additional support provided by the Arkansas Community Foundation. 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. They address the use of force outside of one's home, place of work, or vehicle. Supporters of the bill initially threatened to extract the bill from committee, a maneuver that would have required two-thirds of House members to assent, but instead Rep. Pilkington offered an amendment to the bill removing the requirement that someonebe lawfully present. With the amendment, people would be allowed to shoot someone (in alleged self-defense) even in places where guns were legally prohibited. SECTION 3. An application for a license to carry a handgun concealed is made to the Arkansas State Police. The CALS Foundation is a 501(c)(3) organization. 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. (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. Some forums can only be seen by registered members. When a tribute gift is given the honoree will receive a letter acknowledging your generosity and a bookplate will be placed in a book. Sport shooting ranges; exemptions from nuisance and noise pollution suits. This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. FAIRFAX, Va. -- The National Rifle Association applauds Arkansas Gov. Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. The vote on SB 32 was close. Fairfax, VA 22030 1-800-392-8683(VOTE), Click on a State to see the Gun Law Profile, * This rests on court rulings. Understand this: Stand Your Ground, and self-defense in general, applies to an immediate, credible threat. A local unit of government (a county, city of the first class, city of the second class, or incorporated town) may not prohibit a sport shooting range or sports facility that was in existence as of August 12, 2005, from expanding or enhancing its membership or opportunities for public participation, or reasonably expanding or increasing facilities or activities, or making repairs, reconstructing, rebuilding any of its buildings or improvements within its existing geographic boundaries if the work is necessary in the interest of public safety or to secure the continued use of the range or facility, or rebuilding and resuming activities where the facility or building was damaged by fire, collapse, explosion, act of nature, or act of war occurring after August 12, 2005 and the rebuilding or reconstruction occurs within one year of the date of the damage or settlement of any property damage claim. A review of gun death statistics by the. Texas Penal Code, Chapter 9, Subchapter D. 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. Staff of the CALS Encyclopedia of Arkansas. Ark. "Stand your ground" applies in situations in which a person has a clear reason to believe he or she is about to be the victim of serious violence, but there are some limitations defined under the. Stand-Your-Ground Explained. Code 16-98-303(g) (drug court); see Ark. Creating an account gives you access to all these features. However, on December 23, 2020, Senator Bob Ballingerof. LITTLE ROCK (KATV) Arkansas Gov. The controversial new law, signed by Ohio Gov. Asa Hutchinson said he will sign a controversial 'stand your ground' bill into law on Wednesday. What exactly is the Arkansas bill trying to do? The justification for stand your ground laws and hate crimes laws are the same the fundamental right to feel safe, Hutchinson said. Ohio's new "stand your ground" law goes into effect Tuesday. 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. This includes cars, homes, and other public places. "Dooley" Womack (1971-1982). The legislation, SB24, referred to as a "Stand Your Ground" bill passed the House and Senate earlier this year after being reworked. 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. Skip Navigation Share on Facebook 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. Will the bill pass? No state permit is required for the purchase or possession of a rifle, shotgun, or handgun. The Duty to Retreat Such laws, often called shoot first laws by their critics, have been highly controversial, being linked in some studies to increased murder rates inthose states that passed them. See the section on "Carrying," below. 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.. 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. 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 of force that maybe used in .