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. Stand Your Ground Laws are often expansions of the Castle Laws. For example, an armed robber cannot shoot someone during the robbery and then claim they were defending themselves. 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. It passed by a vote of 19-to-9, with seven senators not voting. (a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is: (1) Committing or about to commit a felony involving physical force or violence; (2) Using or about to use unlawful deadly physical force; or, (3) Imminently endangering the persons life or imminently about. Asa Hutchinson said he will sign a controversial 'stand your ground' bill into law on Wednesday. Republican Gov. 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 . Under step therapy, a patient would start with an over the counter drug, for example, because it is relatively cheap. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. Those self-defense laws are not the same in every state of the U.S. Texas Penal Code, Chapter 9, Subchapter D. Under Ark. Stand your ground laws are associated with increases in lethal violence in some states. https://www.arkleg.state.ar.us/Bills/Detail?id=SB24&ddBienniumSession=2021%2F2021R (accessed June 5, 2021). Stand your ground laws have not reduced violent crime across the US. Honor or memorial gifts are an everlasting way to pay tribute to someone who has touched your life. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. This includes cars, homes, and other public places. Updated: Feb 23, 2021 / 08:57 PM CST. They are treated as ordinary firearms for possession and carrying purposes. LITTLE ROCK, Ark. Stand-Ground Bill Introduced by Legislators.Arkansas Democrat-Gazette, December 24, 2020, pp. 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 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. 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. The Arkansas Court of Appeals, in a 2018 decision, Taff v. State, 2018 Ark. 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. If you are attacked by someone and that person intends to harm you or kill you, you have the right to defend yourself. Will the bill pass? All Rights Reserved. The NRA is a longtime supporter of such measures. State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). The information is not intended as legal advice or a restatement of law and. b. 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. 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. The National Conference of State Legislatures (NCSL) counted 25 as of May 26, 2020. Asa Hutchinson, right, speaks in Little Rock, Ark. 1013 and S. Res. What does "stand your ground" mean? However, a recent law change bans the open carry of handguns. Your e-mail is 100% safe. 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 . The new stand your ground law removes the "duty to retreat" before using deadly force in self-defense. Georgia Stand Your Ground Statute. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. 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. In other news, the Senate approved legislation to complete the merger of Henderson State University at Arkadelphia into the Arkansas State University System. 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. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground measure. State law prohibits carrying a handgun with the ", purpose to attempt to unlawfully employ the handgun as a weapon against a person;" Ark. The bill had the backing of the National Rifle Association. The controversial new law, signed by Ohio Gov. LITTLE ROCK, Ark. 100 Rock Street The National Rifle Association applauds Arkansas Gov. Your email address will not be published. The following day, the full House passed the bill, sending it on to Governor Hutchinson. Prior to the implementation of this bill into law the statutes contained language enumerating that a defender must attempt to retreat if it was plausible to do so without incurring any additional risk or harm. Code Ann. 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. The measure, Senate Bill 24, passed through both chambers of the Arkansas legislature after first failing to make it through the committee process earlier in the session. "For a man's house is his castle, and each man's home is his safest refuge.". 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. Senate Bill 24 now heads to Gov. Health insurance companies are using step therapy in more plans nowadays, as a method of holding down costs of prescription drugs. (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. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. that has been dismissed and sealed or expunged under the process outlined at Ark. 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. Code Ann. 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. Arkansas has long been a state with reliable self-defense laws that definitively assert citizen's right to defend themselves and others against the unlawful use of force. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. Hutchinson said he was persuaded by law enforcement groups dropping their opposition, though acknowledged the fears from Black lawmakers and others that it will lead to more violence against people of color. After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573. The new stand your ground law removes the . 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. 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. 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. As a result of the opposition, the bill did not make it out of committee. Arkansas: Stand Your Ground Legislation Could be Heard as Early as Tomorrow! Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. (Ark. Scott Bradley, the executive director of the Arkansas Sheriffs Association, was quoted in theArkansas Democrat-Gazetteas 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 ofPine Bluff (Jefferson County),a Blackwoman, began to speak passionately about the effects of gun violence on theBlack community, using several profanities, and when Senator Alan Clark ofLonsdale (Garland County)told her that she needed to stop, she replied, No, I dont.

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