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. Tom Marlowe practically grew up with a gun in his hand, and has held all kinds of jobs in the gun industry: range safety, sales, instruction and consulting, Tom has the experience to help civilian shooters figure out what will work best for them. https://www.arkleg.state.ar.us/Bills/Detail?id=SB24&ddBienniumSession=2021%2F2021R (accessed June 5, 2021). BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: SECTION 1. Most self-defense laws state that a person under threat of physical. The National Rifle Association applauds Arkansas Gov. 18, 92d Gen. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. LITTLE ROCK (KATV) Arkansas lawmakers passed the controversial 'stand your ground' bill 72-23 on the House floor Wednesday. 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). 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. State law makes the parent or guardian of a minor criminally responsible for the minors possession of a firearm in certain cases. (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. (B) Occupiable structure includes each unit of an occupiable structure divided into a separately occupied unit; (A) Any bodily impact, restraint, or confinement; or. The House Judiciary Committee was scheduled to consider self-defense expansion legislation, Senate Bill 573, last week. 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. 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. Moritz, John. (Unsure how a bill becomes a law in Arkansas? Code 5-73-103(b)(2). Senate Bill 24 now heads to Gov. Arkansas While Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. Watch on. The most recent was signed into law by Ohios governor earlier this year. (2) Unborn child means the offspring of human beings from conception until birth. Copyright 2023, Arkansas Democrat-Gazette, Inc. Monk, Ginny, and John Moritz. Stand your ground laws have not reduced violent crime across the US. a. (Arkansas Democrat-Gazette/Thomas Metthe) Gov. 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. Asa Hutchinson, right, speaks in Little Rock, Ark. 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. OnMarch3, 2021, GovernorAsa Hutchinsonsigned into lawAct 250,a so-called stand-your-ground bill. - Governor Asa Hutchinson has signed a bill bringing a "stand your ground" law to the state of Arkansas. A majority of states in the U.S. are stand your ground states. If that drug is not effective, the patent would get a more expensive prescription. Sources: Arkansas Code Annotated 5-73-101 through 5-73-402. In addition, Ark. I will never SPAM you. In the states that didn't have . Ark. There is no specific restoration process for persons who are prohibited due to an adjudication or commitment for mental illness. The Georgia Stand Your Ground Law. After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573. The defensive force used must be proportional to the threat, but includes deadly force if called upon. 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. Victims have little time to react when confronted with a criminal attack, they should not be required to try and run away before defending themselves, Jason Ouimet, executive director of the National Rifle Association Institute for Legislative Action, said in a statement. Judiciary Committee was held on January 13, 2021. ***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. This shall not prevent the enactment of an ordinance regulating or forbidding the unsafe discharge of a firearm. 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. Encyclopedia of Arkansas The Arkansas Court of Appeals, in a 2018 decision, Taff v. State, 2018 Ark. See the section on "Carrying," below. App. There is no evidence that stand your ground (SYG) laws have improved public safety by deterring violent crime. 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. Likewise, a state without Stand your Grand law . 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. 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. Assemb., Reg. The justification for Stand Your Ground and laws addressing targeted crimes are the same: the fundamental right of all citizens to feel safe, Hutchinson said. All Rights Reserved. The Republican governor signed the measure that removes the duty to retreat before deadly force can be used, despite past concerns hes raised about changing the states self-defense law. A. Common-Law Self Defense. This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. Arkansas: Stand Your Ground Legislation Could be Heard as Early as Tomorrow! A number of new laws took effect Wednesday in Arkansas. (Ark. What has happened in the past with Arkansas stand-your-ground legislation? The vote on SB 32 was close. Arkansas citizens may use force and self-defense, including lethal force, so long as it is proportional to the threat against them or another person and they are in any place that they legally, lawfully have a right to be. 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. Receive important and timely information in defense of your second amendment rights. What does "stand your ground" mean? The Senate approved the measure, Senate Bill 24, on a vote of 27-to-7, with one senator not voting. They address the use of force outside of one's home, place of work, or vehicle. So, Is It Illegal To Collect Rainwater in Oregon? For additional information: ,took particular offense with the provision in the bill requiring that someone be lawfully present in the location where they used physical force. Become an NRA-ILA Campaign Field Rep Today! Hutchinson said Sunday, Feb. 21, 2021, he will not back former President Donald Trump if he runs for the White House in 2024, saying its time to move on to different voices in the Republican Party. Please look at the time stamp on the story to see when it was last updated. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. Official Code of Georgia 16-3-23.1 is known as the "use of force in defense of habitation, property, self, or othersno duty to retreat.". The Arkansas governor spoke about the legislation during a "Pen and Pad" session in his office with reporters. 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. A local unit of government shall not enact any ordinance or regulation pertaining to, or regulate in any other manner, 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. Admin. Read our guide to the General Assembly.). You can also use protective force in public where you have a right to be by 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. (AP) Arkansas Gov. Pursuant to Ark. Online athttps://www.arkansasonline.com/news/2021/feb/23/stand-your-ground-bill-passes-house-committee-2nd-/ (accessed June 5, 2021). Some conservative lawmakers tried unsuccessfully to loosen the restrictions even further by expanding where lethal force could be used in self defense. It passed by a vote of 19-to-9, with seven senators not voting. The laws that give you that right are called Stand your Ground laws. (Unsure how a bill becomes a law in Arkansas? 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. They are treated as ordinary firearms for possession and carrying purposes. 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. The National Conference of State Legislatures (NCSL) counted 25 as of May 26, 2020. On March 3, 2021, Governor Asa Hutchinson signed into law Act 250, a so-called "stand-your-ground" bill. 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. 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. 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 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. 2019). STATE CONSTITUTIONAL PROVISION -- Article 2, Section 5. Stand-Your-Ground Laws: For a Man's House is His Castle. The stand your ground defense is also known as the Castle Doctrine. Code Ann. Private property owners/proprietors may post their premises as places where carrying a handgun is prohibited with signage as required by law. 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. (3) Not engaged in any activity in furtherance of a criminal gang, organization, or enterprise as defined under 5-74-103. Code 002.00.1-05.06. We cant really know yet. Stand your ground rights apply, regardless where the victim is located at the time of the attack and defense. Almost always, police and prosecutors will err on the side of caution. Additional support provided by the Arkansas General Assembly. 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. 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. For additional information on pardons, sealing and expungements of records in Arkansas, see https://ccresourcecenter.org/restoration/. 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..