This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. A. Common-Law Self Defense. It's very important to remember that stand your ground and castle doctrine laws vary from state to state. Force may also be used to stop the commission or imminent commission of a forcible felony. 100 Rock Street 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 Stand Your Ground? LITTLE ROCK (KATV) Arkansas Gov. (iStockphoto) A "stand your ground" law states that a person may use deadly force in self-defense without the duty to . 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. Self-defense: How Florida's Stand Your Ground Law Works The Arkansas governor spoke about the legislation during a "Pen and Pad" session in his office with reporters. Castle doctrine - Wikipedia 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. A black Arkansas lawmaker made national headlines after she made impassioned remarks to her white colleagues about a proposed "stand your ground" law. Most self-defense laws state that a person under threat of physical. 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. (Arkansas Democrat-Gazette/Thomas Metthe) Gov. LITTLE ROCK, Ark. Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. It is unlawful to transport a firearm in a boat at night, unless it is unloaded and cased. Republican Gov. Use of physical force by a pregnant woman in defense of her, (1) Pregnant means the female reproductive condition of having an unborn child in the females body; and. If the person claiming self-defense is committing a crime or preparing to commit a crime when force is used then the claim of self-defense will become more suspect and may not apply. Your email address will not be published. Special thanks to the Department of Arkansas Heritage. The stand your ground statute grants any "person" who uses or threatens to use force permitted by 776.012, 776 . Yesterday, the Arkansas House passed pro-gun legislation, Senate Bill 573. The CALS Foundation is a 501(c)(3) organization. State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). The Senate Committee on Public Health, Welfare and Labor endorsed SB 99, which would regulate step therapy protocols. Under California self-defense laws, you generally have the right to "stand your ground" and defend yourself and others without retreating.There is no state law statute that authorizes this right that there is no duty to retreat. Tomorrow, the House Judiciary Committee is scheduled to consider self-defense expansion legislation, Senate Bill 573. The Dangerous Expansion of Stand-Your-Ground Laws and its Racial Arkansas 'Stand Your Ground' bill fails in House committee - KTBS Code 5-73-103(b)(2). Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. Monk, Ginny, and John Moritz. 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. The information is not intended as legal advice or a restatement of law anddoes not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. (2) However, the person may not use deadly physical force except as provided in 5-2-607. (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. Act 250 of 2021 - Encyclopedia of Arkansas Assemb., Reg. If that drug is not effective, the patent would get a more expensive prescription. With that phrasing, English common law reinvented the Castle Doctrine, the concept that one may be safe and protect one's home. 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. 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. 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. It is unlawful to deface the serial number or identification mark of a firearm, or to knowingly possess such a firearm. KEVIN SPROUL: Georgia's 'stand your ground' law explained See the section on "Carrying," below. A machine gun is defined as a weapon of any description by whatever name known, loaded or unloaded from which more than five shots or bullets may be rapidly, or automatically, or semi-automatically discharged from a magazine, by a single function of the firing device. 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. 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. arkansas stand your ground law explained - chemtechspeciality.com Each of Arkansass neighboring states passed such legislation years beforeArkansasdid. Stand Your Ground Law In Texas - LegalProTalk.com So, Is It Illegal To Collect Rainwater in Oregon? This bill eliminated the "duty to retreat" prior to the use of physical force, even lethal force, in an act of alleged self-defense. 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. Hendren later joined a January 31 rally at theArkansas State Capitolin opposition to the bill. "This law . Code 5-73-103(b)(2). Stand Your Ground / Self-Defense Laws in Kentucky For additional information on pardons, sealing and expungements of records in Arkansas, see https://ccresourcecenter.org/restoration/. (9) Vehicle means any craft or device designed for the transportation of a person or property across land or water or through the air. At least three more have added "stand your ground" as laws since then: Ohio, Arkansas and North Dakota.. 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. This project is funded in part by a National Endowment for the Humanities (NEH) Sustaining the Humanities through the American Rescue Plan grant award. (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under 5-74-103. Why 'stand your ground' laws may be connected to higher homicide rates Stand Your Ground/Castle Doctrine | NH Issue Brief | Citizens Count Florida Stand Your Ground Law | Use of Deadly Force in Self-Defense Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. for which the person has been granted a pardon explicitly restoring the ability to possess a firearm, Ark. 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' stand-your-ground bill, explained (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. 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. The written notice must be clearly readable at a distance of not less than ten feet and state that carrying a handgun is prohibited.A written notice is not required for a private home, but any licensee entering a private home must notify the occupant that the licensee is carrying a concealed handgun. Those self-defense laws are not the same in every state of the U.S. Arkansas allows restoration of firearm rights lost due to a criminal conviction. As public pressure built, igniting the movement that came to be known as. FAIRFAX, Va. -- The National Rifle Association applauds Arkansas Gov. I have no doubt these concerns are heartfelt and real, but theres nothing in the language of the bill that would lead to different outcomes in our criminal justice system, Hutchinson told reporters. Read our guide to the General Assembly.). Scott Bradley, the executive director of the Arkansas Sheriffs Association, was quoted in the, as 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 of, ,a Blackwoman, began to speak passionately about the effects of gun violence on theBlack community, using several profanities, and when Senator Alan Clark of. What does "stand your ground" mean? Florida Knife Laws: What You Need to Know. Code 5-73-103(b)(3). - Governor Asa Hutchinson has signed a bill bringing a "stand your ground" law to the state of Arkansas. 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. They give people a license to kill, allowing them to shoot first and ask questions later, then claim self-defense. Florida's "Stand your Ground" Law - Sammis Law Firm Review Looks at States Rates of Gun Deaths; Most of Arkansas Neighbors Saw Rise after Laws Passage.Arkansas Democrat-Gazette, February 22, 2021. 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. The Senate approved the measure, Senate Bill 24, on a vote of 27-to-7, with one senator not voting. Thankfully, the passage of Senate Bill 24 has tuned-up Arkansas statutes into a model example of modern stand your ground law. There is a presumption of an offensive or aggressive purpose in certain circumstances listed in Ark. Senate Bill 24 proposes eliminating language from the state's criminal codes requiring a person to retreat, if possible, before using deadly force in self-defense. The license is valid throughout the state for 5 years from the date of issuance. 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. 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. 1B, 6B. What has happened in the past with Arkansas stand-your-ground legislation? For additional information: If you can, provide 1-2 sources of information backing up this correction. However, in every neighboring state,African Americanswere found to become more likely to die by gunfire in the wake of such laws. The problem is defining what is reasonable. 5-2-614. 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. Some forums can only be seen by registered members. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. Understand this: Stand Your Ground, and self-defense in general, applies to an immediate, credible threat. Asa Hutchinson's. "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. 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. 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. A local unit of government may not enact or enforce any ordinance or regulation affecting firearms or ammunition, except as allowed by state law. According to SB 99, the protocol process can have adverse consequences for the patients health. Stand your ground laws are provisions under self defense laws that justify the use of deadly force under imminent threat of harm regardless of whether a safe retreat is possible. . What Is Stand Your Ground Law in Texas? | Simer & Tetens Code 5-73-103(d). A shooting range may not be held liable in a civil lawsuit or criminal action based on a claim of noise or noise pollution. Understanding the Georgia Stand Your Ground Law - The Law Ladies 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. 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. 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. 21 SECTION 2. 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. The bill only affects wet counties, because liquor stores could only make deliveries in the same county in which they are located. 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. You can also use protective force in public where you have a right to be by law. The justification for stand your ground laws and hate crimes laws are the same the fundamental right to feel safe, Hutchinson said. That sounds reasonable enough on the surface, but such language places an undue burden on a defender who is already in extremely perilous circumstances. Stand Your Ground: What Does it Really Mean? - The Mag Life Copyright 2023, Arkansas Democrat-Gazette, Inc. Each of Arkansass neighboring states passed such legislation years beforeArkansasdid. (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. 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.