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 local unit of government shall not enact impose any restriction on firearm ownership or possession during a declared state of emergency. Stand-Ground Bill Introduced by Legislators., . The following day, the full House passed the bill, sending it on to Governor Hutchinson. 2023 National Rifle Association of America, Institute for Legislative Action. The justification for stand your ground laws and hate crimes laws are the same the fundamental right to feel safe, Hutchinson said. STATE CONSTITUTIONAL PROVISION -- Article 2, Section 5. Stand-Your-Ground Explained. What has happened in the past with Arkansas stand-your-ground legislation? George Zimmerman was famously acquitted after he used Floridas stand-your-ground law as a defense against a second-degree murder charge in his 2012 fatal shooting of Trayvon Martin, an unarmed black teenager. Code 5-73-120(a). The 277 vote in the Senate for the bill on January 19, 2021, largely split along party lines, with all, voting against it and all Republicans supporting it, save Jim Hendren, who later left the Republican Party. Admin. That sounds reasonable enough on the surface, but such language places an undue burden on a defender who is already in extremely perilous circumstances. (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. A local unit of government may not enact or enforce any ordinance or regulation affecting firearms or ammunition, except as allowed by state law. This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. 2023 Encyclopedia of Arkansas. (6) Is not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined in 5-74-103. 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. It is unlawful to transport a firearm in a boat at night, unless it is unloaded and cased. Ark. It would make permanent the temporary allowances initiated by executive order last year, at the start of the pandemic. LITTLE ROCK, Ark. LITTLE ROCK (KATV) Arkansas Gov. 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. Use of Reckless or Negligent Force. Only the State of Arkansas has the authority to bring suit against a firearm or ammunition manufacturer or dealer, however in a proclamation by the Governor of a state of emergency, the governing body of a local unit of government may enact an emergency ordinance regulating firearms. 16-93-301 et seq. 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. The defensive force used must be proportional to the threat, but includes deadly force if called upon. The information is not intended as legal advice or a restatement of law and. (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. They give people a license to kill, allowing them to shoot first and ask questions later, then claim self-defense. Code 14-16-504(b)(1) and 14-54-1411(b)(1), a local unit of government (a city, town, or county) is prohibited from enacting any ordinance or regulation pertaining to 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.. (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. Arkansas While Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. Under the rule of lenity, any doubts as to the interpretation of a criminal statute are resolved in favor of the defendant. The State did not appeal the ruling. In addition to the federal prohibitions on persons who cannot lawfully possess or acquire a firearm, Arkansas law prohibits the following persons from possessing or owning a firearm: any person convicted of a felony (including cases where the court suspended sentence or placed the defendant on probation) unless the case was dismissed or expunged or the person was pardoned; anyone who has been adjudicated mentally ill; and those who have been committed involuntarily to any mental institution. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. 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 . Citizens in Arkansas may use force and self-defense to protect themselves from the unlawful use of force against their person or someone else. Democrats and voting rights groups have criticized the push to remove the affidavit option without any evidence of it leading to voter fraud. What does stand your ground" mean? This does not apply to persons with a valid concealed carry license, law enforcement, center-fire weapons at a firing range maintained for the discharging of a center-fire weapon, and the discharge of a firearm in defense of a person or property within the areas. Res. Major support provided through a partnership with the Arkansas Department of Parks & Tourism. (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. As a result of the opposition, the bill did not make it out of committee. 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. Code 5-73-103(b)(3). There is no evidence that stand your ground (SYG) laws have improved public safety by deterring violent crime. [3] Watch on. Arkansas State Legislature. App. 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. The Republican-led measure, SB24, would allow an armed person to. 3:17. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. 5-73-204. What does "stand your ground" mean? Attorneys explain Florida's Stand Your Ground statute under Section 776.013(3) in self defense cases in Tampa, FL. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Arkansas has long been a state with reliable self-defense laws that definitively assert citizens right to defend themselves and others against the unlawful use of force. (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. 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. (Unsure how a bill becomes a law in Arkansas? The stand your ground statute grants any "person" who uses or threatens to use force permitted by 776.012, 776 . 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. SB 116 would abolish the Board of Trustees of Henderson State and vest its duties to the Board of Trustees of the ASU System. 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. Arkansas statutes are silent on antique and replica firearms. What is Stand Your Ground? We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject tofrequentchange. This bill eliminated the "duty to retreat" prior to the use of physical force, even lethal force, in an act of alleged self-defense. You can contact us either online or by calling us toll-free at (888) 433-4861. The legislation, SB24, referred to as a "Stand Your Ground" bill passed the House and Senate earlier this year after being reworked. SB 99 would require health insurers to rely on established research and clinical guidelines when they write step therapy protocols into coverage plans. 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. SB 24. The House Judiciary Committee was scheduled to consider self-defense expansion legislation, Senate Bill 573, last week. (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. Those self-defense laws are not the same in every state of the U.S. However, there is an iteration of a stand your ground law called the "castle doctrine" that affects self-defense cases. 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. 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. The Duty to Retreat State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). "For a man's house is his castle, and each man's home is his safest refuge.". OnMarch3, 2021, GovernorAsa Hutchinsonsigned into lawAct 250,a so-called stand-your-ground bill. For additional information on pardons, sealing and expungements of records in Arkansas, see https://ccresourcecenter.org/restoration/. 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. (2)(A) The use of the deadly physical force for protection would not be allowed under 5-2-607(b). 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. 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. Ark. Stand your ground laws are associated with increases in lethal violence in some states. (Unsure how a bill becomes a law. The following day, the full House passed the bill, sending it on to Governor Hutchinson. 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. Some conservative lawmakers tried unsuccessfully to loosen the restrictions even further by expanding where lethal force could be used in self defense. LITTLE ROCK, Ark. Therefore, the law allows him to use . (2) Unborn child means the offspring of human beings from conception until birth. 5-2-614. 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. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. Copyright 2023, Arkansas Democrat-Gazette, Inc. or 16-98-303(g). 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. It is unlawful to deface the serial number or identification mark of a firearm, or to knowingly possess such a firearm. Most self-defense laws state that a person under threat of physical. * This rests on court rulings. An amendment to 14-16-504(c)(1) in 2011 deleted an exception for emergencies and now reads: The governing body of a local unit of government, following the proclamation by the Governor of a state of emergency, is prohibited from enacting an emergency ordinance regulating the transfer, transportation, or carrying of firearms or components of firearms. A person who has his or her firearm seized in violation of this prohibition may bring an action in the circuit court having jurisdiction for the return of the seized firearm.