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. 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. - Senate Bill 24, the Stand Your Ground Bill, was passed out of the House Judiciary Committee on Tuesday. (2) With complete safety by surrendering possession of property to a person claiming a lawful right to possession of the property. Patients and their physicians could ask for an exemption from the protocol, and the process of getting an exemption must be clear, readily accessible and convenient. Asa Hutchinson on Wednesday signed into law a measure easing the state's restrictions on the use of deadly force in self-defense, but urged conservatives who pushed for the legislation to pass a hate crimes proposal they've so far resisted. Stand your ground rights apply, regardless where the victim is located at the time of the attack and defense. The list and map below are included as a tool to assist you in validating your information. Code 5-73-120(a). Proponents of the bill said prosecutors across the state already don't take into account the duty to . (e) Notwithstanding any other provision of law to the contrary, nothing in this subchapter shall be construed to limit civil liability except in the limited case of noise pollution. Ark. Asa Hutchinson signed a 'Stand Your Ground' bill into law on Wednesday afternoon despite past concerns that he raised regarding the measure. This may not be reproduced for commercial purposes. (1) Common carrier means any vehicle used to transport for hire any member of the public; (2) Deadly physical force means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury; (3) Dwelling means an enclosed space that is used or intended to be used as a human habitation, home, or residence on a temporary or permanent basis; (4) Minor means any person under eighteen (18) years of age; (A) Occupiable structure means a vehicle, building, or other structure: (i) Where any person lives or carries on a business or other calling; (ii) Where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or. If you can, provide 1-2 sources of information backing up this correction. The citizens of this State shall have the right to keep and bear arms, for their common defense.. Additional support provided by the Arkansas Community Foundation. For additional information: The difference between "stand your ground" and "castle doctrine" laws lies in when and where people have a "duty to retreat". (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. (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. 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. A black Arkansas lawmaker made national headlines after she made impassioned remarks to her white colleagues about a proposed "stand your ground" law. 1013 and S. Res. Some of them apply similar laws with different conditions and circumstances that must be . 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. 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. A shooting range may not be held liable in a civil lawsuit or criminal action based on a claim of noise or noise pollution. Code 5-73-103(b)(2). Monk, Ginny, and John Moritz. 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. Under the bill, customers can only order home deliveries if theyre 21 years of age. 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 Arkansas General Assembly due to fierce opposition from Republicans. In the case of a deadly use of force, the defendant would need to show that deadly force was necessary to prevent serious . A stand your ground law is typically Incorporated into a state's statutes governing the use of force in self-defense, . 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. Ark. , 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. Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. The NRA is a longtime supporter of such measures. 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. that has been dismissed and sealed under the process at Ark. However, they do not have enough votes to block the legislation without getting some Republicans to join them. Hendren later joined a January 31 rally at theArkansas State Capitolin opposition to the bill. Online athttps://www.arkansasonline.com/news/2021/feb/22/review-looks-at-states-rates-of-gun-deaths/ (accessed June 5, 2021). 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. Code 16-105-502. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to, change. According to Stand Your Ground laws and other self-defense laws, if you harm, threaten, or even kill another person and do so in a reasonable manner, you may be justified in doing so. Code 14-16-501, the governing body of a suburban improvement district (as defined) may ask a county to regulate, by ordinance, the discharge of firearms and the shooting of archery equipment within all or any part of the suburban improvement district. Possession or ownership of any firearm is unlawful for any person who has been: It is unlawful to sell, give, rent, or otherwise furnish a firearm to a person under 18 without the consent of a parent, guardian, or other person responsible for the general supervision of the minors welfare. 72201. 11250 Waples Mill Rd. 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. The stand your ground statute grants any "person" who uses or threatens to use force permitted by 776.012, 776 . The bill removes the duty to retreat from Arkansas' self-defense laws. (2) Unborn child means the offspring of human beings from conception until birth. The Arkansas governor spoke about the legislation during a "Pen and Pad" session in his office with reporters. . (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. Democrats and voting rights groups have criticized the push to remove the affidavit option without any evidence of it leading to voter fraud. In other news, the Senate approved legislation to complete the merger of Henderson State University at Arkadelphia into the Arkansas State University System. FAIRFAX, Va. -- The National Rifle Association applauds Arkansas Gov. 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. Updated: Feb 23, 2021 / 08:57 PM CST. Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. Stand-Ground Bill Now Law.Arkansas Democrat-Gazette, March 4, 2021, pp. Many Republican lawmakers support the bill. 1A, 5A. (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. (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state. 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. (iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present. Stand Your Ground Bill Passes House Committee on 2nd Try., https://www.arkansasonline.com/news/2021/feb/23/stand-your-ground-bill-passes-house-committee-2nd-/, https://www.arkleg.state.ar.us/Bills/Detail?id=SB24&ddBienniumSession=2021%2F2021R, The Science of Gun Policy:A Critical Synthesis of Research Evidence on the Effects of Gun Policies in the United States, https://www.rand.org/pubs/research_reports/RR2088.html, Pre-European Exploration, Prehistory through 1540, European Exploration and Settlement, 1541 through 1802, Louisiana Purchase through Early Statehood, 1803 through 1860, Civil War through Reconstruction, 1861 through 1874, Post-Reconstruction through the Gilded Age, 1875 through 1900, Early Twentieth Century, 1901 through 1940, World War II through the Faubus Era, 1941 through 1967, Divergent Prosperity and the Arc of Reform, 19682022, Divergent Prosperity and the Arc of Reform (19682022). LITTLE ROCK, Ark. No person under 18 years of age may possess a handgun, unless the minor falls within the exemptions listed at Ark. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. SB99 would change the law governing health insurance, prescription drugs and the authority of physicians. The Arkansas Sheriffs Association said it will meet today to discuss SB24 and other pending legislation. This section discusses some circumstances under which a person may use deadly force to defend themselves or others. SB 24 was sent to the House Judiciary Committee, which must consider it before a vote of the entire House of Representatives. (3) The physical force involved is the product of a combat by agreement not authorized by law. 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)(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. 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. The following day, the full House passed the bill, sending it on to Governor Hutchinson. 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. 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. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. Asa Hutchinson, right, speaks in Little Rock, Ark. State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). (b) A person who operates or uses a sport shooting range is not subject to an action for nuisance, and no court of the state may enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with noise control ordinances of units of local government that applied to the range and its operation at the time the range was constructed and began operation. They address the use of force outside of one's home, place of work, or vehicle. On March 3, 2021, Governor Asa Hutchinson signed into law Act 250, a so-called "stand-your-ground" bill. Review Looks at States Rates of Gun Deaths; Most of Arkansas Neighbors Saw Rise after Laws Passage.Arkansas Democrat-Gazette, February 22, 2021. (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. Stand Your Ground Bill Passes House Committee on 2nd Try.Arkansas Democrat-Gazette, February 23, 2021. The Senate approved the measure, Senate Bill 24, on a vote of 27-to-7, with one senator not voting. Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. Health insurance companies are using step therapy in more plans nowadays, as a method of holding down costs of prescription drugs. 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. 18, 92d Gen. The license is valid throughout the state for 5 years from the date of issuance. The bill would allow patients to be exempt from protocols if the protocols cause the patient to not receive the most appropriate treatment. When Stand Your Ground Law Applies. (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. Senate Bill 24 now heads to Gov. The first hearing in theArkansas SenateJudiciary Committee was held on January 13, 2021. 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. The text of the bill and relevant sections of the state statutes are below. The laws that give you that right are called Stand your Ground laws. 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. Sport shooting ranges; exemptions from nuisance and noise pollution suits. (2) However, the person may not use deadly physical force except as provided in 5-2-607. Legislators in Arkansas passed a "Stand Your Ground" law in recent weeks by an overwhelming margin, and Governor Asa Hutchinson has now signed the measure into law. Stand-Your-Ground Explained. 2023 Encyclopedia of Arkansas. Copyright 2023, Arkansas Democrat-Gazette, Inc. . Watch on. Citizens in Arkansas may use force and self-defense to protect themselves from the unlawful use of force against their person or someone else. When a tribute gift is given the honoree will receive a letter acknowledging your generosity and a bookplate will be placed in a book. This may be reproduced. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. State Capitol Building500 Woodlane StreetSuite 320Little Rock, Arkansas72201-1090, State Capitol Building500 Woodlane Street, Suite 320Little Rock, Arkansas 72201-1090, In Session: 501-682-2902Out of Session: 501-682-6107. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. Stand your ground laws are associated with increases in lethal violence in some states. 2019). Read our Privacy Policy. (6) Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in 5-74-103. You can also use protective force in public where you have a right to be by law. In addition, Ark. Arkansas has long been a state with reliable self-defense laws that definitively assert citizen's right to defend themselves and others against the unlawful use of force. Additional support provided by the Arkansas General Assembly. Technically, there is no stand your ground law in Arkansas. 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. Most self-defense laws state that a person under threat of physical. (Ark. Georgia Stand Your Ground Statute. A similar measure stalled in the Legislature two years ago, but the bill this year moved more easily after groups such as the states sheriffs and prosecutors associations that previously opposed it said theyre neutral to the latest version. Code 5-73-103(b)(2). This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. Receive important and timely information in defense of your second amendment rights. 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. Florida's "stand your ground" law, then you can seek a dismissal of the charges against you. 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. 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 . See the section on "Carrying," below. LITTLE ROCK, Ark. 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.". 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 controversial new law, signed by Ohio Gov. Creating an account gives you access to all these features. 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. Font Size: Republican Arkansas Gov. This week, the Arkansas State Legislature convened for its 2022 Fiscal Session. The bill now heads to to the majority-Republican House. The CALS Foundation is a 501(c)(3) organization. LITTLE ROCK, Ark. Mike DeWine in January, eliminates Ohioans' duty to retreat before using force . The most recent was signed into law by Ohios governor earlier this year. (Unsure how a bill becomes a law. 2.22.2022 Shoot First lawsalso known as Stand Your Ground legislationare deadly, reckless, and extreme. However, in every neighboring state, were found to become more likely to die by gunfire in the wake of such laws. You do not have to retreat or back down if you feel a threat of bodily harm while in your car, home, or place of work. 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.. ***, AN ACT CONCERNING THE DEFENSE OF A PERSON WITH THE, USE OF PHYSICAL FORCE OR DEADLY PHYSICAL FORCE; AND. No state permit is required for the purchase or possession of a rifle, shotgun, or handgun. The new stand your ground law removes the . https://www.arkleg.state.ar.us/Bills/Detail?id=SB24&ddBienniumSession=2021%2F2021R (accessed June 5, 2021). What does stand your ground" mean? SB 116 also adds two members to the ASU System Board of Trustees, bringing it from five to seven. Stand Your Ground Laws are often expansions of the Castle Laws. 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. This field is for validation purposes and should be left unchanged. Private property owners/proprietors may post their premises as places where carrying a handgun is prohibited with signage as required by law. Gov. Arkansas While Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. 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 email address will not be published. "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. 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. For additional information on pardons, sealing and expungements of records in Arkansas, see https://ccresourcecenter.org/restoration/. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. LITTLE ROCK, Ark. in 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. RECIPROCITY NOTES: Colorado, Florida, Maine, Michigan and South Carolina recognize ONLY an Arkansas RESIDENT Permit. If you are attacked by someone and that person intends to harm you or kill you, you have the right to defend yourself. Leaving the area to grab a weapon, then returning to use it, will at the very least cast doubt on the validity of the threat's immediacy. Read our guide to the General Assembly.). This is what it says. (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under 5-74-103. Similarly, under 14-16-502, a property owners association (with a population at least equal to that prescribed for cities of the first class and which is located outside the boundaries of a municipality) may ask a county to regulate, through an ordinance, the discharge of firearms and the shooting of archery equipment within all or any part of the area included in the property owners association. With time, the definition of our "home" expanded into the space around us . Supporters have said the bill is needed to give further legal protection to people who defend themselves, though opponents note state law previously allowed the use of deadly force without retreating in some situations. Additional support provided by the Arkansas Humanities Council. OnMarch3, 2021, GovernorAsa Hutchinsonsigned into lawAct 250,a so-called stand-your-ground bill. If you have questions regarding the Stand Your Ground defense or any other personal injury matters in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation. 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. As public pressure built, igniting the movement that came to be known as. . For example, an armed robber cannot shoot someone during the robbery and then claim they were defending themselves. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. The bill was introduced by state Sen. Bob Ballinger, R- Berryville, and Rep. Aaron Pilkington, R-Clarksville, and co-sponsored by more than two dozen other GOP lawmakers. They give people a license to kill, allowing them to shoot first and ask questions later, then claim self-defense. 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. Stand Your Ground Laws are often expansions of the Castle Laws. The only restrictions concerning the lawful use of force and self-defense within the state of Arkansas are those covering said force used during the commission or imminent commission of a crime on the part of the would-be defender. STATE CONSTITUTIONAL PROVISION -- Article 2, Section 5. During a debate Wednesday about Senate . 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. A majority of states in the U.S. are stand your ground states.