Stand Your Ground Laws are often expansions of the Castle Laws. 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. Encyclopedia of Arkansas 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. 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. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. What does stand your ground" mean? The Republican-led measure, SB24, would allow an armed. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. SB 116 would abolish the Board of Trustees of Henderson State and vest its duties to the Board of Trustees of the ASU System. 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. 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. Res. The CALS Foundation is a 501(c)(3) organization. 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! (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. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. Right To Carry Reciprocity and Recognition, Right to Keep & Bear Arms State Constitutional Provisions. The defensive force used must be proportional to the threat, but includes deadly force if called upon. Code 16-105-502. It's very important to remember that stand your ground and castle doctrine laws vary from state to state. The Republican-led measure, SB24, would allow an armed person to. The text of the bill and relevant sections of the state statutes are below. FILE The state Capitol is shown in this 2019 file photo. Ark. 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. State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). In Pennsylvania, any person "has no duty to . What does "stand your ground" mean? 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 . I will never SPAM you. (9) Vehicle means any craft or device designed for the transportation of a person or property across land or water or through the air. Code 5-73-309(5) makes any person convicted of a felony ineligible for a concealed carry license, but this does not apply to an applicant who has been granted a pardon by the governor or the President of the United States explicitly restoring his or her ability to possess a firearm; or an applicant sentenced prior to March 13, 1995, where the record of conviction has been sealed or expunged under Arkansas law; or to an applicant whose offense was dismissed and sealed or expunged under 16-93-301 et seq. The legislation, SB24, referred to as a "Stand Your Ground" bill passed the House and Senate earlier this year after being reworked. The most recent was signed into law by Ohios governor earlier this year. The controversial new law, signed by Ohio Gov. Your e-mail is 100% safe. The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. 5-2-614. A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from . Receive important and timely information in defense of your second amendment rights. Gov. Read our Privacy Policy. Code. that has been dismissed and sealed or expunged under the process outlined at Ark. Likewise, a state without Stand your Grand law . The stand your ground law in Tennessee allows you to use deadly force as a form of self-defense when you feel you are in immediate danger of serious harm or death, according to News Channel 5. If that drug is not effective, the patent would get a more expensive prescription. Arkansas Code 5-2-615 is amended to read as follows: 5-2-615. A review of gun death statistics by the. 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 signed the bill into law on Wednesday, March. 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. : 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. Updated: Mar 3, 2021 / 03:59 PM CST. b. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject tofrequentchange. This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. The 277 vote in the Senate for the bill on January 19, 2021, largely split along party lines, with allDemocratsvoting against it and all Republicans supporting it, save Jim Hendren, who later left the Republican Party. Your email address will not be published. Code 5-73-103(b)(2). Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. The bill had the backing of the National Rifle Association. "Stand Your Ground" laws provide that individuals have no duty to retreat from an attacker and have a right to stand their ground and use deadly force if the individual is in a place where they are legally allowed to be, such as in their home. 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. During a debate Wednesday about Senate . Many Republican lawmakers support the bill. Code 16-98-303(g) (drug court); see Ark. Each of Arkansass neighboring states passed such legislation years beforeArkansasdid. State law prohibits carrying a handgun with the ", purpose to attempt to unlawfully employ the handgun as a weapon against a person;" Ark. Creating an account gives you access to all these features. 72201. 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. Judiciary Committee was held on January 13, 2021. Special thanks to the Department of Arkansas Heritage. As a result of the opposition, the bill did not make it out of committee. If you can, provide 1-2 sources of information backing up this correction. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground measure. 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. They address the use of force outside of one's home, place of work, or vehicle. This bill eliminated the "duty to retreat" prior to the use of physical force, even lethal force, in an act of alleged self-defense. This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. SB99 would change the law governing health insurance, prescription drugs and the authority of physicians. Major support provided through a partnership with the Arkansas Department of Parks & Tourism. "This law . At least three more have added "stand your ground" as laws since then: Ohio, Arkansas and North Dakota.. Sponsors of similar legislation in 2019 encountered opposition from gun-control groups, law enforcement officials and prosecutors. Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. a restoration of firearm rights by the governor without a pardon, on the recommendation of the chief law enforcement officer in the jurisdiction in which the person resides. 3:17. 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. Asa Hutchinson's. 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. Review Looks at States Rates of Gun Deaths; Most of Arkansas Neighbors Saw Rise after Laws Passage.Arkansas Democrat-Gazette, February 22, 2021. In 2017, Arkansas created a license endorsement. A licensee who completes a separate training course approved by the Director of the Division of Arkansas State Police and receives the endorsement is eligible to carry a concealed handgun in otherwise restricted places, including certain publicly-owned buildings or facilities under Ark. 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. Will the bill pass? Rate and review titles you borrow and share your opinions on them. 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? A sport shooting range means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting. Hendren later joined a January 31 rally at the, 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 of. Those self-defense laws are not the same in every state of the U.S. Become an NRA-ILA Campaign Field Rep Today! (Arkansas Democrat-Gazette/Thomas Metthe) Gov. 1B, 6B. The Duty to Retreat Additional support provided by the Arkansas Humanities Council. Stand-Ground Bill Introduced by Legislators., . Castle Doctrine (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. 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. Font Size: Republican Arkansas Gov. SB24 removes the obligation for a person to retreat before deadly force can be used. 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. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. You can contact us either online or by calling us toll-free at (888) 433-4861. A spokeswoman said Dec. 23 Hutchinson hadnt yet read or taken a position on the new version. 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. Possession or use of a machine gun for an offensive or aggressive purpose is a crime under Ark. This self-defense law states the following: "A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that threat or force is necessary to defend himself or herself or a third person . In the 1980s, a handful of state laws (nicknamed "make my day" laws) addressed immunity from prosecution in use of deadly force against another who unlawfully and forcibly enters a person's residence. When a tribute gift is given the honoree will receive a letter acknowledging your generosity and a bookplate will be placed in a book. 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. States that passed "stand your ground" laws saw their monthly gun homicide rates jump from 0.36 per 100,000 to 0.39 after the laws were enacted, the study said. The list and map below are included as a tool to assist you in validating your information. 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. Senators Sorted by Congressional District and Seniority, 94th General Assembly Senate Lists (PDFs), Education Resources & History Questions for Students, Senator Jerry Bookout (1973-1996 / 2003-2006), Senator Charlie Cole Chaffin (1984-1994), Senator Morril H. Harriman, Jr. (1985-2000), Senator Kim Hendren (1979-1982) (2003-2012), Senator W. D. "Bill" Moore, Jr. (1967 - 1994), Senator James C. "Jim" Scott (1983-2002), Senator J. Use of physical force in defense of a person. (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. However, in every neighboring state, were found to become more likely to die by gunfire in the wake of such laws. Feb 3, 2021 LITTLE ROCK, Ark. Hutchinson said the new law should be monitored, saying changes may need to be made if voters arent provided necessary assistance in voting. (2) With complete safety by surrendering possession of property to a person claiming a lawful right to possession of the property. (c) The justification for using physical force or deadly physical force against another person to protect a pregnant womans unborn child is not available if: (1) The the use of the physical force or deadly physical force for protection was used by a person other than the pregnant woman; or. With that phrasing, English common law reinvented the Castle Doctrine, the concept that one may be safe and protect one's home. 18, 92d Gen. Democrats and voting rights groups have criticized the push to remove the affidavit option without any evidence of it leading to voter fraud.