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Yesterday, the Arkansas House passed pro-gun legislation, Senate Bill 573. Code Ann. 5-73-205(a) (e.g., when the machine gun is on premises not owned or rented for bona fide permanent residence or business occupancy by the person in whose possession the machine gun is found, and the machine gun has not been registered to a corporation in the business of manufacturing ammunition or a representative of the corporation under the National Firearms Act or the Gun Control Act, and is not being used primarily to test ammunition in a nonoffensive and nonaggressive manner by the corporation or the corporation's representative, where the corporation or the corporation's representative is not prohibited from the possession of a firearm by any state or federal law). In addition, Ark. (2)(A) The use of the deadly physical force for protection would not be allowed under 5-2-607(b). 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. Therefore, the law allows him to use . The CALS Foundation is a 501(c)(3) organization. Asa Hutchinson on Wednesday signed into law a measure easing the states restrictions on the use of deadly force in self-defense, but urged conservatives who pushed for the legislation to pass a hate crimes proposal theyve so far resisted. The NRA is a longtime supporter of such measures. (AP) The Arkansas Senate on Tuesday passed legislation easing restrictions on the use of deadly force in self-defense, sending the measure to the House. 2023 National Rifle Association of America, Institute for Legislative Action. Judiciary Committee was held on January 13, 2021. Asa Hutchinson signed controversial stand-your-ground self-defense legislation into law Wednesday, after the measure passed with. Tomorrow, the House Judiciary Committee is scheduled to consider self-defense expansion legislation, Senate Bill 573. The bill had the backing of the National Rifle Association. A review of gun death statistics by the. Technically, there is no stand your ground law in Arkansas. However, on December 23, 2020, Senator Bob Ballingerof. 1013 and S. Res. Hutchinson tried to connect the legislation to another bill hes advocating that would impose additional penalties for committing crimes against someone because of their race, sex, sexual orientation or other characteristics. 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. for which the person has been granted a pardon explicitly restoring the ability to possess a firearm, Ark. After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573. This is what it says. If you are attacked by someone and that person intends to harm you or kill you, you have the right to defend yourself. Citizens in Arkansas may use force and self-defense to protect themselves from the unlawful use of force against their person or someone else. Use of deadly physical force in defense of a person. Special thanks to the Department of Arkansas Heritage. signed into lawAct 250,a so-called stand-your-ground bill. [3] Use of physical force in defense of a person. that has been dismissed and sealed or expunged under the process outlined at Ark. The evidence is stunningly clear: this law will make Arkansas less safe, said Kate Fletcher, a volunteer with the Arkansas chapter of Moms Demand Action, said in a statement released by the group. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. 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. b. 21 SECTION 2. Committed involuntarily to any mental institution. 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. Republicans in the Arkansas Legislature have introduced a "stand-your-ground" self-defense bill for consideration this session after past efforts failed. (Ark. Senate Bill 24 proposes eliminating language from the state's criminal codes requiring a person to retreat, if possible, before using deadly force in self-defense. RECIPROCITY NOTES: Colorado, Florida, Maine, Michigan and South Carolina recognize ONLY an Arkansas RESIDENT Permit. Stand-Ground Bill Introduced by Legislators.Arkansas Democrat-Gazette, December 24, 2020, pp. Asa Hutchinson on Wednesday signed into law a measure easing the state's restrictions on the use of deadly force in self-defense, but urged conservatives who pushed for the legislation to pass a hate crimes proposal they've so far resisted. 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. Gov. SB 24 was sent to the House Judiciary Committee, which must consider it before a vote of the entire House of Representatives. 5-73-204. This is available only if the felony conviction or delinquency adjudication did not involve the use of a weapon; and occurred more than eight years prior to the time of application. Arkansas citizens may employ defensive force anywhere they have a legal, lawful right to be. 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. However, a recent law change bans the open carry of handguns. So, Stand Your Ground law has the potential to make a self-defender's actions easier to defend in this single regard as it removes the obligation to retreat from a threat. With time, the definition of our "home" expanded into the space around us . (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. 488 (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. They are treated as ordinary firearms for possession and carrying purposes. Castle Doctrine With that phrasing, English common law reinvented the Castle Doctrine, the concept that one may be safe and protect one's home. 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! Hendren later joined a January 31 rally at the, On February 2, the bill failed to pass out of the House Judiciary Committee after three hours of citizen testimony against it, including from the pro-gun group Gun Owners of Arkansas, who, along withRepresentative Brandt Smith of. Stand Your Ground bill 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 when using physical or deadly force. 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. What Is The Second Amendment And How Is It Defined. (b) A person is not required to retreat before using deadly physical force if the person: (1) Is lawfully present at the location where deadly physical force is used; (2) Has a reasonable belief that the person against whom the deadly physical force is used is imminently threatening to cause death or serious physical injury to the person or another person; (3) Except as provided under 5-2-606(b)(2)(B), is not the initial aggressor and has not provoked the person against whom the deadly physical force is used; (4) Is not committing a felony offense of possession of a firearm by certain persons, 5-73-103, with the firearm used to employ the deadly physical force, unless the person is in or at the persons dwelling or in the curtilage surrounding the persons dwelling; (5) Is not engaged in criminal activity that gives rise to the need for the use of deadly physical force at the time the deadly physical force is used; and. (Arkansas Democrat-Gazette/Thomas Metthe) Gov. 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. The Senate Committee on Public Health, Welfare and Labor endorsed SB 99, which would regulate step therapy protocols. Stand-Ground Bill Now Law.Arkansas Democrat-Gazette, March 4, 2021, pp. 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. (Unsure how a bill becomes a law in Arkansas? Additional support provided by the Arkansas General Assembly. No state permit is required for the purchase or possession of a rifle, shotgun, or handgun. Under Ark. or 16-98-303(g). SB24 removes the obligation for a person to retreat before deadly force can be used. The license is valid throughout the state for 5 years from the date of issuance. 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. (2) Unborn child means the offspring of human beings from conception until birth. This firearm prohibition does not apply to a conviction: Ark. LITTLE ROCK, Ark. ,took particular offense with the provision in the bill requiring that someone be lawfully present in the location where they used physical force. 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. (c) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located sport shooting range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin, or impede the use of the range unless there has been a substantial change in the nature of the use of the range or by a person using the range. However, this law does not in any way grant a self-defender the right to act outside of all other law governing self-defense. Please look at the time stamp on the story to see when it was last updated. (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. Code 16-105-502. The first hearing in theArkansas SenateJudiciary Committee was held on January 13, 2021. Proponents of the bill said prosecutors across the state already don't take into account the duty to . Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. Courts have interpreted this as requiring the 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. (2) However, the person may not use deadly physical force except as provided in 5-2-607. Asa Hutchinson, right, speaks in Little Rock, Ark. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. FILE - In this March 23, 2020 file photo, Gov. 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. Font Size: Republican Arkansas Gov. This story is a part of The Article, your guide to Arkansas news and culture, presented by the Democrat-Gazette. 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. 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. There is a presumption of an offensive or aggressive purpose in certain circumstances listed in Ark.