Asa Hutchinson and the state legislature for passing SB 24 and making stand your ground legislation the law. Arkansas Code 5-2-615 is amended to read as follows: 5-2-615. 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. 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. (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. 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. 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. 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. 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. Most self-defense laws state that a person under threat of physical. Please look at the time stamp on the story to see when it was last updated. 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. The bill only affects wet counties, because liquor stores could only make deliveries in the same county in which they are located. Committed involuntarily to any mental institution. Copyright 2023, Arkansas Democrat-Gazette, Inc. 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. The Arkansas governor spoke about the legislation during a "Pen and Pad" session in his office with reporters. The problem is defining what is reasonable. The National Rifle Association applauds Arkansas Gov. 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. Creating an account gives you access to all these features. (AP) Arkansas Gov. Sign up for The Article's twice-weekly newsletter here or go here to see stories that have appeared in past newsletters. As a result of the opposition, the bill did not make it out of committee. The Arkansas State Senate passed a 'Stand Your Ground' bill, which removed a duty to retreat from an attacker if possible and expanded a current self-defence law to apply to areas outside. LITTLE ROCK, Ark. 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. 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. Stand-Your-Ground Explained. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. 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. STATE CONSTITUTIONAL PROVISION -- Article 2, Section 5. Rand Corporation, 2018.https://www.rand.org/pubs/research_reports/RR2088.html (accessed June 5, 2021). YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. - Governor Asa Hutchinson has signed a bill bringing a "stand your ground" law to the state of Arkansas. The laws that give you that right are called Stand your Ground laws. 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. 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. A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against certain violent crimes (right of self-defense).Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present. Arkansas: Stand Your Ground Legislation Sent to the Governor's Desk for Signature Today, the Arkansas House marked the final vote on Stand Your ground Legislation, Senate Bill 24.. [3] Sponsors of similar legislation in 2019 encountered opposition from gun-control groups, law enforcement officials and prosecutors. (Arkansas Democrat-Gazette/Thomas Metthe) Gov. During a debate Wednesday about Senate . LITTLE ROCK, Ark. (Unsure how a bill becomes a law in Arkansas? Read our Privacy Policy. It is unlawful to shoot from or across a public road or right of way. LITTLE ROCK, Ark. (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. Thankfully, the passage of Senate Bill 24 has tuned-up Arkansas statutes into a model example of modern stand your ground law. (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state. A local unit of government shall not enact impose any restriction on firearm ownership or possession during a declared state of emergency. (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. Additional support provided by the Arkansas Community Foundation. The law applies if you are in or on your property, such as your . Stand-your-ground laws, which exist in most Southern states, among others, make it legal for someone to use deadly force in self-defense without first attempting to retreat. The following day, the full House passed the bill, sending it on to Governor Hutchinson. Code 5-73-103(a)(1), (b)(1) (what constitutes a conviction). The CALS Foundation is a 501(c)(3) organization. This law was reconfirmed by the state's Attorney General in July 2013, just before Arkansas changed it's law on concealed carry of a hand gun. 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. State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). A majority of states in the U.S. are stand your ground states. Mike DeWine in January, eliminates Ohioans' duty to retreat before using force . 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. 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. 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. 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. (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. Under Ark. (2)(A) The use of the deadly physical force for protection would not be allowed under 5-2-607(b). Stand your ground laws are associated with increases in lethal violence in some states. (2) However, the person may not use deadly physical force except as provided in 5-2-607. Private property owners/proprietors may post their premises as places where carrying a handgun is prohibited with signage as required by law. The new law will still allow someone without ID to cast a provisional ballot that will be counted only if they present an ID to the county clerk or election board by noon the Monday following the election. Sess. No person under 18 years of age may possess a handgun, unless the minor falls within the exemptions listed at Ark. This may not be reproduced for commercial purposes. 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. That sounds reasonable enough on the surface, but such language places an undue burden on a defender who is already in extremely perilous circumstances. Asa Hutchinson signed a 'Stand Your Ground' bill into law on Wednesday afternoon despite past concerns that he raised regarding the measure. The most recent was signed into law by Ohios governor earlier this year. 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 Republican-led measure, SB24, would allow an armed. They give people a license to kill, allowing them to shoot first and ask questions later, then claim self-defense. Arkansas's Open Carry Open carry of long guns is allowed in Arkansas. The stand your ground statute grants any "person" who uses or threatens to use force permitted by 776.012, 776 . 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. Some conservative lawmakers tried unsuccessfully to loosen the restrictions even further by expanding where lethal force could be used in self defense. Special thanks to the Department of Arkansas Heritage. 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. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. Ultimately, the bill stalled in committee after a single Republican on the Senate Judiciary Committee joined with the committee's three Democrats to vote against the measure. 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. Additional support provided by the Arkansas General Assembly. Some of them apply similar laws with different conditions and circumstances that must be . Code 16-105-502. What is Stand Your Ground? Code Ann. ,took particular offense with the provision in the bill requiring that someone be lawfully present in the location where they used physical force. Res. Encyclopedia of Arkansas 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. According to SB 99, the protocol process can have adverse consequences for the patients health. 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. SB 116 also adds two members to the ASU System Board of Trustees, bringing it from five to seven. Online athttps://www.arkansasonline.com/news/2021/feb/23/stand-your-ground-bill-passes-house-committee-2nd-/ (accessed June 5, 2021). A. Common-Law Self Defense. 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. 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.. 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. Arkansas State Legislature. 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.. This is what it says. Georgia Stand Your Ground Statute. Little Rock, AR. OnMarch3, 2021, GovernorAsa Hutchinsonsigned into lawAct 250,a so-called stand-your-ground bill. . Code 16-98-303(g) (drug court); see Ark. We cant really know yet. SECTION 3. 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 . International & United Nations Gun Control, Micro-Stamping | Ballistic "Fingerprinting", Second Amendment & Right to Keep and Bear Arms, Women On Target Instructional Shooting Clinics, Volunteer At The Great American Outdoor Show, Marion P. Hammer Women Of Distinction Award, Women's Wildlife Management / Conservation Scholarship, National Youth Shooting Sports Cooperative Program, http://www.asp.state.ar.us/divisions/rs/rs_chl_law.html#rec, https://opinions.arcourts.gov/ark/courtofappeals/en/346005/1/document.do, https://static.ark.org/eeuploads/asp/PP_Table_11_30_17a.pdf, https://ccresourcecenter.org/restoration/, Arkansas: 2023 Legislative Session Convenes Today, Arkansas: Legislature Convenes for its 2022 Fiscal Session, These 12 Incidents of Defensive Gun Use Prove Armed Civilians Make Situations Safer, Arkansas: Self-Defense Clarification Legislation Heads Back to the Senate for Concurrence Vote, Arkansas: House Committee Passes Self-Defense Clarification Bill, Arkansas: Hearing for Self-Defense Clarification Legislation Delayed Until Tomorrow, Arkansas: House Committee to Consider Self-Defense Clarification Measure, NRA-backed Stand Your Ground Becomes Law in Arkansas, Arkansas: Stand Your Ground Legislation Sent to the Governors Desk for Signature. 1A, 5A. Pursuant to Ark. ***Note: Arkansas has recently enacted Senate Bill 24 which amends the existing state statutes concerning the lawful use of force in self-defense, including the Stand Your Ground portions of the law. Ark. Judiciary Committee was held on January 13, 2021. This firearm prohibition does not apply to a conviction: Ark. Hutchinson signed the bill into law on Wednesday, March. Your email address will not be published. However, on December 23, 2020, Senator Bob BallingerofOzark (Franklin County)and Representative Aaron PilkingtonofClarksville(Johnson County), 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. (a) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if the range is in compliance with noise control ordinances of local units of government that applied to the range and its operation at the time the range was constructed and began operation. 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. 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 new stand your ground law removes the "duty to retreat" before using deadly force in self-defense. 18, 92d Gen. Under the protocol, the patient gets more expensive drugs after the insurance company has reviewed the case and determined that the cheaper drug does not work. Use of Reckless or Negligent Force. Arkansas statutes are silent on antique and replica firearms. (Ark. This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. 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. The bill now heads to to the majority-Republican House. 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. For additional information on pardons, sealing and expungements of records in Arkansas, see https://ccresourcecenter.org/restoration/. Stand Your Ground Bill Passes House Committee on 2nd Try.Arkansas Democrat-Gazette, February 23, 2021. Stand Your Ground Laws are often expansions of the Castle Laws. A stand your ground law is typically Incorporated into a state's statutes governing the use of force in self-defense, . Code 5-73-103(b)(2). 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. LITTLE ROCK (KATV) Arkansas Gov. 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. 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, Monk, Ginny, and John Moritz. As public pressure built, igniting the movement that came to be known as. Republican Gov. For more information, contact 501-918-3025 orcalsfoundation@cals.org. 72201. 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. 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. This principle has been codified and expanded by state legislatures. 2.22.2022 Shoot First lawsalso known as Stand Your Ground legislationare deadly, reckless, and extreme. 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. State law prohibits carrying a handgun with the ", purpose to attempt to unlawfully employ the handgun as a weapon against a person;" Ark. (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. Instead, case law and jury instructions recognize the right of a person to use force in self-defense without first trying to escape or run away (stand your ground . This billeliminated the duty to retreatprior to the use of physical force, even lethal force,in an act of alleged self-defense. Citizens in Arkansas may use force and self-defense to protect themselves from the unlawful use of force against their person or someone else. 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. Code 5-73-120(a). 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. The list and map below are included as a tool to assist you in validating your information. 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. With time, the definition of our "home" expanded into the space around us . (b) A person may not use deadly physical force in self-defense if the, person knows that he or she can avoid the necessity of using deadly physical. It passed by a vote of 19-to-9, with seven senators not voting. 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. LITTLE ROCK, Ark. (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. (first-time offenders on probation discharged without court adjudication of guilt); see Ark. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. 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. 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. Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. 1B, 6B. Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. 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. Stand-Ground Bill Introduced by Legislators., . This does not prevent a local unit of government from bringing suit against a firearm or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the local unit of government. There is no specific restoration process for persons who are prohibited due to an adjudication or commitment for mental illness. For additional information: However, in every neighboring state,African Americanswere found to become more likely to die by gunfire in the wake of such laws. See the section on "Carrying," below. 488 (Ark. 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. Force may also be used to stop the commission or imminent commission of a forcible felony. Stand-Your-Ground Laws: For a Man's House is His Castle.