The list and map below are included as a tool to assist you in validating your information. They address the use of force outside of one's home, place of work, or vehicle. Persons with the endorsement cannot carry within a posted firearm-sensitive area that has been approved by the Department of Arkansas State Police and located at: the Arkansas State Hospital, the University of Arkansas for Medical Sciences, or a collegiate athletic event. ***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. Today, January 9th, the Arkansas State Legislature begins the 2023 legislative session. 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. 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. In response to the bill, the Arkansas chapter of Moms Demand Action for Gun Sense in America, a national organization founded in 2012 following the Sandy Hook Elementary School shooting that left twenty-six people dead (including twenty children), said in a press release that the bill would embolden vigilantes and extremists to shoot first and ask questions later, weaken gun laws, and make Arkansas less safe, particularly for people of color.A letter co-signed by seventy-nine religious leaders stated that the bill encourages people to resolve issues with violence.Thefirsthearingon the billcame exactlyone week after armeddomesticterrorists(many of them self-professed gun enthusiasts, such as the Arkansas-basedextremistRichard Bigo Barnett) attacked the U.S.Capitol in Washington DCon January 6, 2021,as part of an attempted coup dtat. The National Rifle Association applauds Arkansas Gov. 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. signed into lawAct 250,a so-called stand-your-ground bill. 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.. LITTLE ROCK, Ark. LITTLE ROCK, Ark. Judiciary Committee was held on January 13, 2021. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. Pursuant to Ark. In the states that didn't have . 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. This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. 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. Proponents of the bill said prosecutors across the state already don't take into account the duty to . 72201. Many Republican lawmakers support the bill. State law makes the parent or guardian of a minor criminally responsible for the minors possession of a firearm in certain cases. 5-73-204. 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. In Pennsylvania, any person "has no duty to . Under step therapy, a patient would start with an over the counter drug, for example, because it is relatively cheap. Stand-Ground Bill Introduced by Legislators.Arkansas Democrat-Gazette, December 24, 2020, pp. The following day, the full House passed the bill, sending it on to Governor Hutchinson. If the person claiming self-defense is committing a crime or preparing to commit a crime when force is used then the claim of self-defense will become more suspect and may not apply. For a bill to become law, both chambers of the legislature must approve the exact same version of it. Leaving the area to grab a weapon, then returning to use it, will at the very least cast doubt on the validity of the threat's immediacy. (AP) Arkansas Gov. This firearm prohibition does not apply to a conviction: Ark. 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. That sounds reasonable enough on the surface, but such language places an undue burden on a defender who is already in extremely perilous circumstances. Code. Code 5-73-120(a). The Senate Committee on Public Health, Welfare and Labor endorsed SB 99, which would regulate step therapy protocols. Some conservative lawmakers tried unsuccessfully to loosen the restrictions even further by expanding where lethal force could be used in self 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. 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. 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. Hutchinson, whohadpreviouslybeenemployed by the National Rifle Association, initially expressed hesitation about the bill, stating that it could have unintended consequences. 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. https://www.arkleg.state.ar.us/Bills/Detail?id=SB24&ddBienniumSession=2021%2F2021R (accessed June 5, 2021). Read our guide to the General Assembly.). Most self-defense laws state that a person under threat of physical injury . FILE - In this March 23, 2020 file photo, Gov. An application for a license to carry a handgun concealed is made to the Arkansas State Police. However, there is an iteration of a stand your ground law called the "castle doctrine" that affects self-defense cases. It is unlawful to transport a firearm in a boat at night, unless it is unloaded and cased. Understand this: Stand Your Ground, and self-defense in general, applies to an immediate, credible threat. Code 5-73-120(a). With the recent passage of Senate Bill 24, there is no longer any duty or obligation to attempt retreat under any circumstances so long as the use of defensive force is justified under the amended statutes. Right To Carry Reciprocity and Recognition, Right to Keep & Bear Arms State Constitutional Provisions. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject tofrequentchange. b. 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. (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. (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. , prosecutors finally charged Zimmerman, but a jury ended up acquitting him of any crime. Under the bill, customers can only order home deliveries if theyre 21 years of age. House Minority Leader Tippi McCullough, D-Little Rock, said she believes most Democrats in the state Legislature will remain opposed to a repeal of the duty-to-retreat language. The new stand your ground law removes the "duty to retreat" before using deadly force in self-defense. (AP) Arkansas Gov. Asa Hutchinson signed a 'Stand Your Ground' bill into law on Wednesday afternoon despite past concerns that he raised regarding the measure. 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 . 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. Similarly, if the would-be defender is the initial aggressor or antagonist in the encounter self-defense may not be claimed and the use of force will not be ruled justified unless they first make a good faith effort to withdraw from the encounter and stated their intention to do so to the other party, and the other party then continues pressing the encounter for the initial antagonist to be able to claim self-defense. Moritz, John. It is unlawful to shoot from or across a public road or right of way. or 16-98-303(g). FAIRFAX, Va. -- The National Rifle Association applauds Arkansas Gov. 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 the case of a deadly use of force, the defendant would need to show that deadly force was necessary to prevent serious . 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. Committed involuntarily to any mental institution. A shooting range may not be held liable in a civil lawsuit or criminal action based on a claim of noise or noise pollution. 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. State Capitol Building500 Woodlane StreetSuite 320Little Rock, Arkansas72201-1090, State Capitol Building500 Woodlane Street, Suite 320Little Rock, Arkansas 72201-1090, In Session: 501-682-2902Out of Session: 501-682-6107. 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. Licensees without a license endorsement and others cannot carry a concealed handgun into any of the places listed in Ark. The Science of Gun Policy:A Critical Synthesis of Research Evidence on the Effects of Gun Policies in the United States. 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. The information is not intended as legal advice or a restatement of law anddoes not include: restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. Castle Doctrine (first-time offenders on probation discharged without court adjudication of guilt); see Ark. Criminal defense lawyers often turn to the stand your ground law when defending clients who have been in a physical conflict. Stand-Ground Bill Introduced by Legislators., . 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! 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. 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. 100 Rock Street (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. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. Encyclopedia of Arkansas Use of physical force in defense of a person. 18, 92d Gen. 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. Code 002.00.1-05.06. Stand your ground laws are associated with increases in lethal violence in some states. 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. 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. 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 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. The Arkansas Sheriffs Association said it will meet today to discuss SB24 and other pending legislation. Asa Hutchinson's. Ark. : restrictions that may be placed on non-resident permits, individuals under the age of 21, qualifying permit classes, and/or any other factor which may limit reciprocity and/or recognition. A number of new laws took effect Wednesday in Arkansas. The bill, SB175, removed the "duty to retreat" requirement, "in determining whether or not a person who used force in self-defense, defense of another, or defense of that person's residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety." [2] The bill went into effect April 6 th, 2021. Private property owners/proprietors may post their premises as places where carrying a handgun is prohibited with signage as required by law. After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573. Learn more about how this website uses cookies to enhance your browsing experience. Code 5-73-122, a meeting place of the governing body of any governmental entity, state offices, athletic events not related to firearms, places of worship, and public college or university campus buildings, provided that the private entities (like bars, private colleges and universities or places of worship) have not themselves opted to restrict firearms on their property. Hutchinson also signed legislation that makes the states voter ID law even stricter by no longer allowing people without identification to cast a ballot if they sign an affidavit. LITTLE ROCK, Ark. (d) Rules adopted by any state agency for establishing levels of noise allowable in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this subchapter. 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 may not be reproduced for commercial purposes. Patients and their physicians could ask for an exemption from the protocol, and the process of getting an exemption must be clear, readily accessible and convenient. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. Ark. Arkansas Code 5-2-607 is amended to read as follows: 22 5-2-607. 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. No state permit is required for the purchase or possession of a rifle, shotgun, or handgun. A local unit of government shall not enact impose any restriction on firearm ownership or possession during a declared state of emergency. Hutchinson signed the bill into law on Wednesday, March. Read our Privacy Policy. 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. Stand-Your-Ground Laws: For a Man's House is His Castle. Force may also be used to stop the commission or imminent commission of a forcible felony. 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. The controversial new law, signed by Ohio Gov. [3] 2023 National Rifle Association of America, Institute for Legislative Action. Staff of the CALS Encyclopedia of Arkansas. SB 116 would abolish the Board of Trustees of Henderson State and vest its duties to the Board of Trustees of the ASU System. The licensee must carry the license, or an electronic copy of the license in an "acceptable electronic format," together with valid identification, at any time when the licensee is carrying a concealed handgun. Tomorrow, the House Judiciary Committee is scheduled to consider self-defense expansion legislation, Senate Bill 573.