arkansas stand your ground law explained

A majority of states in the U.S. are stand your ground states. Skip Navigation Share on Facebook 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. Major funding provided by the Winthrop Rockefeller Foundation. 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. signed into lawAct 250,a so-called stand-your-ground bill. that has been dismissed and sealed or expunged under the process outlined at Ark. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. Arkansas While Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. What Is The Second Amendment And How Is It Defined. 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. 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. 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. 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. The problem is defining what is reasonable. (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state. Hutchinson said the new law should be monitored, saying changes may need to be made if voters arent provided necessary assistance in voting. (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under 5-74-103. Code 5-73-103(b)(3). Will the bill pass? An "acceptable electronic format" means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on a concealed handgun license as clearly as the original concealed handgun license. 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.. (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 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. Ark. https://www.arkleg.state.ar.us/Bills/Detail?id=SB24&ddBienniumSession=2021%2F2021R (accessed June 5, 2021). State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). Stand-Your-Ground Explained. The following day, the full House passed the bill, sending it on to Governor Hutchinson. (2) Unborn child means the offspring of human beings from conception until birth. 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. 100 Rock Street (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. Special thanks to the Department of Arkansas Heritage. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. FILE The state Capitol is shown in this 2019 file photo. This principle has been codified and expanded by state legislatures. Code Ann. LITTLE ROCK, Ark. Sess. As public pressure built, igniting the movement that came to be known asBlack Lives Matter, prosecutors finally charged Zimmerman, but a jury ended up acquitting him of any crime. 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. (9) Vehicle means any craft or device designed for the transportation of a person or property across land or water or through the air. 21 SECTION 2. Sources: Arkansas Code Annotated 5-73-101 through 5-73-402. legislators in Arkansas attempted to pass a stand-your-ground law in 2019, but the bill (HB 1059) met opposition from the Arkansas Sheriffs Associationand the Arkansas Prosecutors Association. Republicanlegislators in Arkansas attempted to pass a stand-your-ground law in 2019, but the bill (HB 1059) met opposition from the Arkansas Sheriffs Associationand the Arkansas Prosecutors Association. 72201. This firearm prohibition does not apply to a conviction: Ark. Victims have little time to react when confronted with a criminal attack, they should not be required to try and run away before defending themselves, Jason Ouimet, executive director of the National Rifle Association Institute for Legislative Action, said in a statement. 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. Thankfully, the passage of Senate Bill 24 has tuned-up Arkansas statutes into a model example of modern stand your ground law. 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. Texas law states that you have no duty to retreat when there is a reasonable belief you are in danger and it extends to your home, vehicle, or job. 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. An application for a license to carry a handgun concealed is made to the Arkansas State Police. (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. Receive important and timely information in defense of your second amendment rights. However, this law does not in any way grant a self-defender the right to act outside of all other law governing self-defense. Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. 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. Rate and review titles you borrow and share your opinions on them. The stand your ground defense is also known as the Castle Doctrine. 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. 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. They address the use of force outside of one's home, place of work, or vehicle. SB24 removes the obligation for a person to retreat before deadly force can be used. 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. 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. Additional support provided by the Charles M. and Joan R. Taylor Foundation Inc. 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 . 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. Castle Doctrine "For a man's house is his castle, and each man's home is his safest refuge.". This Georgia's statute is outlined in GA Code 16-3-21. Hutchinson said he will sign Arkansas's controversial Stand Your Ground bill into law, but asked legislators to pass proposed hate crimes legislation as well. Rand Corporation, 2018.https://www.rand.org/pubs/research_reports/RR2088.html (accessed June 5, 2021). LITTLE ROCK, Ark. * This rests on court rulings. However, there is an iteration of a stand your ground law called the "castle doctrine" that affects self-defense cases. See the section on "Carrying," below. (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. Today, January 9th, the Arkansas State Legislature begins the 2023 legislative session. ***, AN ACT CONCERNING THE DEFENSE OF A PERSON WITH THE, USE OF PHYSICAL FORCE OR DEADLY PHYSICAL FORCE; AND. According to the statute, it doesn't apply if the individual attempting to defend themselves is committing a 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. Arkansas law wont take effect until 90 days after the Legislature adjourns this years session.