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). A shooting range may not be held liable in a civil lawsuit or criminal action based on a claim of noise or noise pollution. https://www.arkleg.state.ar.us/Bills/Detail?id=SB24&ddBienniumSession=2021%2F2021R (accessed June 5, 2021). 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. 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. One exception to the preemption statute allows ordinances regulating or forbidding the unsafe discharge of a firearm. 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. 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. As a result of the opposition, the bill did not make it out of committee. 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. that has been dismissed and sealed under the process at Ark. The license is valid throughout the state for 5 years from the date of issuance. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. Possession or use of a machine gun for an offensive or aggressive purpose is a crime under Ark. March 03, 2021 10:33 PM ET. Hutchinson signed the bill into law on Wednesday, March. Code 5-73-103(b)(3). Code 5-73-120(a). 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. Under Ark. Encyclopedia of Arkansas The National Conference of State Legislatures (NCSL) counted 25 as of May 26, 2020. Arkansas State Police:http://www.asp.state.ar.us/divisions/rs/rs_chl_law.html#rec. 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. (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. Code 002.00.1-05.06. FILE - In this March 23, 2020 file photo, Gov. (B) However, a person is not required to retreat if the person is: (i) Unable to retreat with complete safety; (ii) In the persons dwelling or on the curtilage surrounding the persons dwelling and was not the original aggressor; or, (iii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or. 21 SECTION 2. According to SB 99, the protocol process can have adverse consequences for the patients health. 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. In the case of a deadly use of force, the defendant would need to show that deadly force was necessary to prevent serious . Little Rock, AR. 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. Required fields are marked *. 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. b. According to the statute, it doesn't apply if the individual attempting to defend themselves is committing a crime. RECIPROCITY NOTES: Colorado, Florida, Maine, Michigan and South Carolina recognize ONLY an Arkansas RESIDENT Permit. 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. (Unsure how a bill becomes a law in Arkansas? - Governor Asa Hutchinson has signed a bill bringing a "stand your ground" law to the state of Arkansas. (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. (Staton Breidenthal/The Arkansas Democrat-Gazette via AP, File), Connect with the definitive source for global and local news. Stand Your Ground Laws are often expansions of the Castle Laws. What does stand your ground" mean? Possession of firearms in fields, forests, along streams, or in any location known to be game cover shall be considered prima facie evidence that the possessor is hunting. Arkansas's neighboring states have already done so, Hutchinson said. 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. Force may also be used to stop the commission or imminent commission of a forcible felony. Most self-defense laws state that a person under threat of physical injury . LITTLE ROCK, Ark. 16-93-301 et seq. Some forums can only be seen by registered members. Res. 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.. Committed involuntarily to any mental institution. It's very important to remember that stand your ground and castle doctrine laws vary from state to state. . Read our Privacy Policy. (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. Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. 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. Proponents of the bill could not provide evidence that anyone in the state had ever been prosecuted for acting in self-defense, and the castle doctrine, which permits physical self-defense when on ones property(in ones house or car), already covered a wide range of possibilities for the use of force in self-defense. Arkansas Code 5-2-606 is amended to read as follows: 5-2-606. This may be reproduced. App. 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. However, it is only recently with the signing of Arkansas Senate Bill 24 that the state has implemented so-called "stand your ground" laws properly. SB99 would change the law governing health insurance, prescription drugs and the authority of physicians. 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. a. What is Stand Your Ground? However, that opposing Republican, state Sen. John Cooper, R-Jonesboro, lost his primary during the 2020 election cycle to a state representative who had the backing of the National Rifle Association. (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. Gov. Florida Knife Laws: What You Need to Know. (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. What does "stand your ground" mean? [3] Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. 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. An application for a license to carry a handgun concealed is made to the Arkansas State Police. . 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. Asa Hutchinson and the state legislature for passing SB 24 and making stand your ground legislation the law. Asa Hutchinson's. Stand-your-ground laws are a subject of considerable interest to concerned citizens who fear they might one day need to use force, including lethal force, in defense of themselves and their families. The stand your ground statute grants any "person" who uses or threatens to use force permitted by 776.012, 776 . Code. In other news, the Senate approved legislation to complete the merger of Henderson State University at Arkadelphia into the Arkansas State University System. Arkansas Code 5-2-607 is amended to read as follows: 22 5-2-607. 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. Gov. The evidence is stunningly clear: this law will make Arkansas less safe, said Kate Fletcher, a volunteer with the Arkansas chapter of Moms Demand Action, said in a statement released by the group. Ark. 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. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. Arkansas: Stand Your Ground Legislation Could be Heard as Early as Tomorrow! The Stand Your Ground law doesn't apply in certain situations. Asa Hutchinson and the state legislature for passing SB 24 and Today, the Arkansas House marked the final vote on Stand Your ground Legislation, Senate Bill 24. The House Judiciary Committee was scheduled to consider self-defense expansion legislation, Senate Bill 573, last week. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. 2018) (https://opinions.arcourts.gov/ark/courtofappeals/en/346005/1/document.do) ruled that [u]nder the clear language of section 5-73-120(a), the possessor of a handgun must have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act. Right To Carry Reciprocity and Recognition, Right to Keep & Bear Arms State Constitutional Provisions. I will never SPAM you. 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. The vote on SB 32 was close. 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. Special thanks to the Department of Arkansas Heritage. That sounds reasonable enough on the surface, but such language places an undue burden on a defender who is already in extremely perilous circumstances. The Arkansas House of Representatives has approved legislation that would loosen the state's rules on the use of deadly force in self-defense. This firearm prohibition does not apply to a conviction: Ark. Arkansas allows restoration of firearm rights lost due to a criminal conviction. Online athttps://www.arkansasonline.com/news/2021/feb/23/stand-your-ground-bill-passes-house-committee-2nd-/ (accessed June 5, 2021). Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to, change. (first-time offenders on probation discharged without court adjudication of guilt); see Ark. 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. LITTLE ROCK, Ark. Sess. Watch on. Become an NRA-ILA Campaign Field Rep Today! The Duty to Retreat , 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. Health insurance companies are using step therapy in more plans nowadays, as a method of holding down costs of prescription drugs. Understand this: Stand Your Ground, and self-defense in general, applies to an immediate, credible threat. Rather than creating a new defense, Florida's "Stand Your Ground" law broadens the scope of a common law self-defense claim by: Abolishing the general 'duty of retreat' rule, and thereby applying elements of the former "Castle Doctrine" to all places where a person is legally present; Presuming legal justification for the use of . . This week, the Arkansas State Legislature convened for its 2022 Fiscal Session. The store will have to use its own employees for deliveries, and not third party contractors. 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. 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. 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. This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. Review Looks at States Rates of Gun Deaths; Most of Arkansas Neighbors Saw Rise after Laws Passage., https://www.arkansasonline.com/news/2021/feb/22/review-looks-at-states-rates-of-gun-deaths/, Moritz, John. 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. The text of the bill and relevant sections of the state statutes are below. The bill now heads to to the majority-Republican House. LITTLE ROCK, Ark. However, they do not have enough votes to block the legislation without getting some Republicans to join them. For additional information: Ohio's new "stand your ground" law goes into effect Tuesday. The Arkansas Court of Appeals, in a 2018 decision, Taff v. State, 2018 Ark. (2) Unborn child means the offspring of human beings from conception until birth. Stand Your Ground Bill Passes House Committee on 2nd Try.Arkansas Democrat-Gazette, February 23, 2021. Therefore, the law allows him to use . Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. Rate and review titles you borrow and share your opinions on them. The "duty to retreat" is a legal requirement to not use deadly force in self-defense if you and anyone else at risk could safely retreat from the situation. Review Looks at States Rates of Gun Deaths; Most of Arkansas Neighbors Saw Rise after Laws Passage.Arkansas Democrat-Gazette, February 22, 2021. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. Asa Hutchinson said he will sign a controversial 'stand your ground' bill into law on Wednesday. "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. or 16-98-303(g). (9) Vehicle means any craft or device designed for the transportation of a person or property across land or water or through the air. Assemb., Reg. 5-73-205(a) (e.g., when the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found, and the machine gun has not been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act or the Gun Control Act, and is not being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative, where the corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law).