Additional support provided by the Arkansas Humanities Council. (Staton Breidenthal/The Arkansas Democrat-Gazette via AP, File), Connect with the definitive source for global and local news. Stand-your-ground laws, which exist in most Southern states, among others, make it legal for someone to use deadly force in self-defense without first attempting to retreat. Font Size: Republican Arkansas Gov. ,took particular offense with the provision in the bill requiring that someone be lawfully present in the location where they used physical force. That sounds reasonable enough on the surface, but such language places an undue burden on a defender who is already in extremely perilous circumstances. (AP) Arkansas Gov. (1) Curtilage means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling; and, (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or. 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. Arkansas Code 5-2-615 is amended to read as follows: 5-2-615. a. 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. Arkansas allows restoration of firearm rights lost due to a criminal conviction. [3] This Georgia's statute is outlined in GA Code 16-3-21. The bill would allow patients to be exempt from protocols if the protocols cause the patient to not receive the most appropriate treatment. 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. 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. "Stand Your Ground" laws provide that individuals have no duty to retreat from an attacker and have a right to stand their ground and use deadly force if the individual is in a place where they are legally allowed to be, such as in their home. 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. 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. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground measure. LITTLE ROCK, Ark. 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. It is unlawful to transport a firearm in a boat at night, unless it is unloaded and cased. 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. State law prohibits anyone convicted of a felony from possessing or acquiring a firearm, including a suspended imposition of sentence or probation). The Science of Gun Policy:A Critical Synthesis of Research Evidence on the Effects of Gun Policies in the United States. The first hearing in theArkansas SenateJudiciary Committee was held on January 13, 2021. A shooting range may not be held liable in a civil lawsuit or criminal action based on a claim of noise or noise pollution. The National Conference of State Legislatures (NCSL) counted 25 as of May 26, 2020. Code 16-98-303(g) (drug court); see Ark. It is unlawful to shoot from or across a public road or right of way. 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. 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. 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. Your email address will not be published. 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. Keep reading to get the rest of the story on Arkansas laws as well as the exact text of the modified statutes at the end. There is no specific restoration process for persons who are prohibited due to an adjudication or commitment for mental illness. Code 5-27-210. Required fields are marked *. Watch on. (b) A person who operates or uses a sport shooting range is not subject to an action for nuisance, and no court of the state may enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with noise control ordinances of units of local government that applied to the range and its operation at the time the range was constructed and began operation. Code 16-105-502. LITTLE ROCK, Ark. Those self-defense laws are not the same in every state of the U.S. The vote on SB 32 was close. Asa Hutchinson said he will sign a controversial 'stand your ground' bill into law on Wednesday. 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. 2018) (https://opinions.arcourts.gov/ark/courtofappeals/en/346005/1/document.do) ruled that [u]nder the clear language of section 5-73-120(a), the possessor of a handgun must have an unlawful intent to employ it as a weapon against a person in order to make that possession a criminal act. 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 ofJonesboro (Craighead County),took particular offense with the provision in the bill requiring that someone be lawfully present in the location where they used physical force. Tomorrow, the House Judiciary Committee is scheduled to consider self-defense expansion legislation, Senate Bill 573. Sign up for The Article's twice-weekly newsletter here or go here to see stories that have appeared in past newsletters. The stand your ground law in Tennessee allows you to use deadly force as a form of self-defense when you feel you are in immediate danger of serious harm or death, according to News Channel 5. FAIRFAX, Va. -- The National Rifle Association applauds Arkansas Gov. 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 CALS Foundation is a 501(c)(3) organization. Hutchinson said the new law should be monitored, saying changes may need to be made if voters arent provided necessary assistance in voting. (iStockphoto) A "stand your ground" law states that a person may use deadly force in self-defense without the duty to . What exactly is the Arkansas bill trying to do? (2)(A) The use of the deadly physical force for protection would not be allowed under 5-2-607(b). 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. The only restrictions concerning the lawful use of force and self-defense within the state of Arkansas are those covering said force used during the commission or imminent commission of a crime on the part of the would-be defender. An application for a license to carry a handgun concealed is made to the Arkansas State Police. Use of physical force in defense of a person. However, there is an iteration of a stand your ground law called the "castle doctrine" that affects self-defense cases. Additional support provided by the Charles M. and Joan R. Taylor Foundation Inc. 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. Arkansas statutes are silent on antique and replica firearms. The Senate approved the measure, Senate Bill 24, on a vote of 27-to-7, with one senator not voting. 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. They address the use of force outside of one's home, place of work, or vehicle. Ark. In the states that didn't have . Some conservative lawmakers tried unsuccessfully to loosen the restrictions even further by expanding where lethal force could be used in self defense. 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. As public pressure built, igniting the movement that came to be known asBlack Lives Matter, prosecutors finally charged Zimmerman, but a jury ended up acquitting him of any crime. The 277 vote in the Senate for the bill on January 19, 2021, largely split along party lines, with all, voting against it and all Republicans supporting it, save Jim Hendren, who later left the Republican Party. It would make permanent the temporary allowances initiated by executive order last year, at the start of the pandemic. We cant really know yet. Each of Arkansass neighboring states passed such legislation years beforeArkansasdid. Pursuant to Ark. (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. 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 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. Most self-defense laws state that a person under threat of physical. https://www.arkleg.state.ar.us/Bills/Detail?id=SB24&ddBienniumSession=2021%2F2021R (accessed June 5, 2021). 16-93-301 et seq. Many Republican lawmakers support the bill. Ark. A black Arkansas lawmaker made national headlines after she made impassioned remarks to her white colleagues about a proposed "stand your ground" law. 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. It is unlawful to deface the serial number or identification mark of a firearm, or to knowingly possess such a firearm. The list and map below are included as a tool to assist you in validating your information. 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. The Duty to Retreat The legislation, SB24, referred to as a "Stand Your Ground" bill passed the House and Senate earlier this year after being reworked. (B) However, the initial aggressors use of physical force upon another person is justifiable if: (i) The initial aggressor in good faith withdraws from the encounter and effectively communicates to the other person his or her purpose to withdraw from the encounter; and, (ii) The other person continues or threatens to continue the use of unlawful physical force; or. Citizens in Arkansas may use force to protect themselves from any threat, or to protect someone else, so long as the force used is reasonable and proportional to the threat they are facing, but includes deadly force if required. or 16-98-303(g). After receiving an amendment in the House, the Today, the House Judiciary Committee passed self-defense expansion legislation, Senate Bill 573.