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. Arkansas citizens may employ defensive force anywhere they have a legal, lawful right to be. Senators Sorted by Congressional District and Seniority, 94th General Assembly Senate Lists (PDFs), Education Resources & History Questions for Students, Senator Jerry Bookout (1973-1996 / 2003-2006), Senator Charlie Cole Chaffin (1984-1994), Senator Morril H. Harriman, Jr. (1985-2000), Senator Kim Hendren (1979-1982) (2003-2012), Senator W. D. "Bill" Moore, Jr. (1967 - 1994), Senator James C. "Jim" Scott (1983-2002), Senator J. What exactly is the Arkansas bill trying to do? Staff of the CALS Encyclopedia of Arkansas. Font Size: Republican Arkansas Gov. Please note that the above is not a comprehensive summary as the state law on prohibited places for carrying handguns and other firearms is complex. This principle has been codified and expanded by state legislatures. Most self-defense laws state that a person under threat of physical injury . The most recent was signed into law by Ohios governor earlier this year. Texas Law. The Arkansas Prosecuting Attorneys Association changed from opposing the bill in 2019 to a position of neutrality after it was updated to exempt people who are in illegal possession of a weapon or participating in gang activity. They cover most of the same issues as the castle laws (the places where this law applies, the requirements fro use of deadly force, if there is a duty to retreat, the amount . 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 Democrat-Gazette/Thomas Metthe) Gov. FILE The state Capitol is shown in this 2019 file photo. (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state. One exception to the preemption statute allows ordinances regulating or forbidding the unsafe discharge of a firearm. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. 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. Code 5-73-103(d). Sess. 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. 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. Online athttps://www.arkansasonline.com/news/2021/feb/23/stand-your-ground-bill-passes-house-committee-2nd-/ (accessed June 5, 2021). It is unlawful to deface the serial number or identification mark of a firearm, or to knowingly possess such a firearm. The store will have to use its own employees for deliveries, and not third party contractors. All Rights Reserved. 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. Arkansas allows restoration of firearm rights lost due to a criminal conviction. Arkansas State Legislature. 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. You can also use protective force in public where you have a right to be by law. 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. Code 16-98-303(g) (drug court); see Ark. 100 Rock Street No person under 18 years of age may possess a handgun, unless the minor falls within the exemptions listed at Ark. Some of them apply similar laws with different conditions and circumstances that must be . Criminal defense lawyers often turn to the stand your ground law when defending clients who have been in a physical conflict. Major support provided through a partnership with the Arkansas Department of Parks & Tourism. For example, an armed robber cannot shoot someone during the robbery and then claim they were defending themselves. Sources: Arkansas Code Annotated 5-73-101 through 5-73-402. 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. 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. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject tofrequentchange. Hendren later joined a January 31 rally at theArkansas State Capitolin opposition to the bill. Tomorrow, the House Judiciary Committee is scheduled to consider self-defense expansion legislation, Senate Bill 573. 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. 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. Additional support provided by the Arkansas General Assembly. Your e-mail is 100% safe. 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. The National Conference of State Legislatures (NCSL) counted 25 as of May 26, 2020. (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. Learn more about how this website uses cookies to enhance your browsing experience. In Pennsylvania, any person "has no duty to . Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. This is what it says. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. told her that she needed to stop, she replied, No, I dont. The problem is defining what is reasonable. (2) With complete safety by surrendering possession of property to a person claiming a lawful right to possession of the property. After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573. We cant really know yet. Required fields are marked *. Castle Doctrine Become an NRA-ILA Campaign Field Rep Today! (b) A person is not justified in using physical force upon another person if: (1) With purpose to cause physical injury or death to the other person, the person provokes the use of unlawful physical force by the other person; (2)(A) The person is the initial aggressor. For additional information on pardons, sealing and expungements of records in Arkansas, see https://ccresourcecenter.org/restoration/. SECTION 3. 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.. (iStockphoto) A "stand your ground" law states that a person may use deadly force in self-defense without the duty to . Honor or memorial gifts are an everlasting way to pay tribute to someone who has touched your life. The Senate approved the measure, Senate Bill 24, on a vote of 27-to-7, with one senator not voting. 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 . 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). Almost always, police and prosecutors will err on the side of caution. Stand Your Ground Laws - A Law Prof Explains. SB 24 was sent to the House Judiciary Committee, which must consider it before a vote of the entire House of Representatives. 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. (Arkansas Democrat-Gazette/Thomas Metthe) Gov. 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. Yesterday, the Arkansas House passed pro-gun legislation, Senate Bill 573. Will the bill pass? Hutchinson, whohadpreviouslybeenemployed by the National Rifle Association, initially expressed hesitation about the bill, stating that it could have unintended consequences. (iii) That is customarily used for overnight accommodation of a person whether or not a person is actually present.

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