arkansas stand your ground law explained
(AP) Arkansas Gov. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. 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. 100 Rock Street Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. The Republican-led measure, SB24, would allow an armed person to. 2023 National Rifle Association of America, Institute for Legislative Action. On March 3, 2021, Governor Asa Hutchinson signed into law Act 250, a so-called "stand-your-ground" bill. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. Use of physical force by a pregnant woman in defense of her, (1) Pregnant means the female reproductive condition of having an unborn child in the females body; and. (first-time offenders on probation discharged without court adjudication of guilt); see Ark. or 16-98-303(g). Committed involuntarily to any mental institution. [3] Hendren later joined a January 31 rally at theArkansas State Capitolin opposition to the bill. FILE - In this March 23, 2020 file photo, Gov. A number of new laws took effect Wednesday in Arkansas. Code 5-73-103(b)(2). 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. Sources: Arkansas Code Annotated 5-73-101 through 5-73-402. 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. 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. The citizens of this State shall have the right to keep and bear arms, for their common defense.. 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. Courts have interpreted this as r. he possessor of a handgun to have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act. So, Is It Illegal To Collect Rainwater in Oregon? Code 14-1-101(c) allows a local unit of government to regulate the location and construction of a sport shooting range or sports facility as permitted in that section. All rights reserved. This field is for validation purposes and should be left unchanged. However, in every neighboring state,African Americanswere found to become more likely to die by gunfire in the wake of such laws. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject tofrequentchange. Arkansas 'Stand Your Ground' bill signed into law by Governor March 28, 2012, at 5:25 p.m. Are 'Stand Your Ground' Laws a Good Idea? Therefore, the law allows him to use . This bill eliminated the "duty to retreat" prior to the use of physical force, even lethal force, in an act of alleged self-defense. 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. Keep reading to get the rest of the story on Arkansas laws as well as the exact text of the modified statutes at the end. There is no evidence that stand your ground (SYG) laws have improved public safety by deterring violent crime. Admin. Arkansas Code 5-2-615 is amended to read as follows: 5-2-615. In Pennsylvania, any person "has no duty to . At least 28 states have Stand your Ground laws, according to the Giffords Center to Prevent Gun Violence. However, they do not have enough votes to block the legislation without getting some Republicans to join them. 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. Code 5-73-119(e), including lawfully hunting, or participating in a school-approved educational course or sporting activity involving the use of firearms, or engaging in a lawful marksmanship competition or practice or other lawful recreational shooting under the supervision of a parent or legal guardian (or traveling to or from this activity with an unloaded handgun or firearm accompanied by a parent or legal guardian), or possession within the minor's own dwelling or place of business or on property in which the minor has a possessory or proprietary interest, or while participating in a certified hunting safety course or a firearm safety course recognized and approved by the State Game and Fish Commission or by a state or national nonprofit organization qualified and experienced in firearm safety. Hutchinson, whohadpreviouslybeenemployed by the National Rifle Association, initially expressed hesitation about the bill, stating that it could have unintended consequences. (Ark. 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. This section discusses some circumstances under which a person may use deadly force to defend themselves or others. Hutchinson signed the bill into law on Wednesday, March. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. Sponsors of similar legislation in 2019 encountered opposition from gun-control groups, law enforcement officials and prosecutors. However, in every neighboring state, were found to become more likely to die by gunfire in the wake of such laws. The law applies if you are in or on your property, such as your . Read our guide to the General Assembly.) The first hearing in theArkansas SenateJudiciary Committee was held on January 13, 2021. All Rights Reserved. The bill only affects wet counties, because liquor stores could only make deliveries in the same county in which they are located. To understand how this could affect your self-defense case in Arkansas, let's take a closer look at the terminology and meaning of these laws. Arkansas statutes are silent on antique and replica firearms. Although you still have the right to defend yourself, if you draw your concealed weapon and fire in response, you may have to explain to the judge or jury why you didn't try to run away first. Code 16-98-303(g) (drug court); see Ark. It passed by a vote of 19-to-9, with seven senators not voting. 'Stand your ground' laws: Everything you need to know | CNN 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. City-Data Forum > U.S. Forums > Arkansas: Stand your ground law in Arkansas (house, gated, living) User Name: Remember Me: Password Please register to participate in our discussions with 2 million other members - it's free and quick! Yesterday, the Arkansas House passed pro-gun legislation, Senate Bill 573. 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. STATE CONSTITUTIONAL PROVISION -- Article 2, Section 5. Hutchinson, whohadpreviouslybeenemployed by the National Rifle Association, initially expressed hesitation about the bill, stating that it could have unintended consequences. 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. Democrats and voting rights groups have criticized the push to remove the affidavit option without any evidence of it leading to voter fraud. However, there is an iteration of a stand your ground law called the "castle doctrine" that affects self-defense cases. 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. The Science of Gun Policy:A Critical Synthesis of Research Evidence on the Effects of Gun Policies in the United States. 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. For additional information: Arkansas has long enjoyed robust laws protecting citizens who are forced to defend themselves against attack, but only very recently has the law been amended to include full stand your ground protections. A stand your ground law is typically Incorporated into a state's statutes governing the use of force in self-defense, . Become an NRA-ILA Campaign Field Rep Today! a. According to SB 99, the protocol process can have adverse consequences for the patients health. A local unit of government (a county, city of the first class, city of the second class, or incorporated town) may not prohibit a sport shooting range or sports facility that was in existence as of August 12, 2005, from expanding or enhancing its membership or opportunities for public participation, or reasonably expanding or increasing facilities or activities, or making repairs, reconstructing, rebuilding any of its buildings or improvements within its existing geographic boundaries if the work is necessary in the interest of public safety or to secure the continued use of the range or facility, or rebuilding and resuming activities where the facility or building was damaged by fire, collapse, explosion, act of nature, or act of war occurring after August 12, 2005 and the rebuilding or reconstruction occurs within one year of the date of the damage or settlement of any property damage claim. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. Fairfax, VA 22030 1-800-392-8683(VOTE), Click on a State to see the Gun Law Profile, * This rests on court rulings. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. 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. 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. 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. 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. As public pressure built, igniting the movement that came to be known as. This may not be reproduced for commercial purposes. That sounds reasonable enough on the surface, but such language places an undue burden on a defender who is already in extremely perilous circumstances. After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573. The list and map below are included as a tool to assist you in validating your information. The bill would allow patients to be exempt from protocols if the protocols cause the patient to not receive the most appropriate treatment. It needed 18 votes in the 35-member Senate for approval. You can justify the use of deadly force if you believe it was absolutely necessary to prevent a violent crime like sexual assault, kidnapping, murder, or robbery. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. The new stand your ground law removes the "duty to retreat" before using deadly force in self-defense. There is a presumption of an offensive or aggressive purpose in certain circumstances listed in Ark. Font Size: Republican Arkansas Gov. The Arkansas Sheriffs Association said it will meet today to discuss SB24 and other pending legislation. 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. 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.