The bill was introduced by state Sen. Bob Ballinger, R- Berryville, and Rep. Aaron Pilkington, R-Clarksville, and co-sponsored by more than two dozen other GOP lawmakers. Code 5-73-309(5) makes any person convicted of a felony ineligible for a concealed carry license, but this does not apply to an applicant who has been granted a pardon by the governor or the President of the United States explicitly restoring his or her ability to possess a firearm; or an applicant sentenced prior to March 13, 1995, where the record of conviction has been sealed or expunged under Arkansas law; or to an applicant whose offense was dismissed and sealed or expunged under 16-93-301 et seq. 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. SB 24 was sent to the House Judiciary Committee, which must consider it before a vote of the entire House of Representatives. 2023 National Rifle Association of America, Institute for Legislative Action. Give a donation in someones name to mark a special occasion, honor a friend or colleague or remember a beloved family member. Arkansas Code 5-2-615 is amended to read as follows: 5-2-615. - Senate Bill 24, the Stand Your Ground Bill, was passed out of the House Judiciary Committee on Tuesday. 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. 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.". Staff of the CALS Encyclopedia of Arkansas. Under Ark. For example, Stand Your Ground law states that no one should feel forced to leave a premises they have every right to be in. They are treated as ordinary firearms for possession and carrying purposes. In Pennsylvania, any person "has no duty to . LITTLE ROCK, Ark. Please look at the time stamp on the story to see when it was last updated. 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. Arkansas allows restoration of firearm rights lost due to a criminal conviction. 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. Arkansas citizens may employ defensive force anywhere they have a legal, lawful right to be. Encyclopedia of Arkansas (AP) Arkansas Gov. . 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. It's very important to remember that stand your ground and castle doctrine laws vary from state to state. Assemb., Reg. Online athttps://www.arkansasonline.com/news/2021/feb/23/stand-your-ground-bill-passes-house-committee-2nd-/ (accessed June 5, 2021). In general, the law of self-defense is an affirmative defense that allows a defendant to argue that the use of force was justified to protect herself or others harm. 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. Code 5-73-127, it is unlawful to possess a loaded center-fire weapon, other than a shotgun and other than in a residence or business of the owner, in the listed parts of Baxter County, Benton County, Benton and Carroll Counties, Conway County, Garland County, Marion County, and a platted subdivision located in an unincorporated area. Pursuant to Ark. Rand Corporation, 2018.https://www.rand.org/pubs/research_reports/RR2088.html (accessed June 5, 2021). However, on December 23, 2020, Senator Bob Ballingerof. This week, the Arkansas State Legislature convened for its 2022 Fiscal Session. The Arkansas House of Representatives has approved legislation that would loosen the state's rules on the use of deadly force in self-defense. The Arkansas Court of Appeals, in a 2018 decision, Taff v. State, 2018 Ark. 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! 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. No person under 18 years of age may possess a handgun, unless the minor falls within the exemptions listed at Ark. If you have questions regarding the Stand Your Ground defense or any other personal injury matters in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation. Monk, Ginny, and John Moritz. The Republican-led measure, SB24, would allow an armed person to. However, this law does not in any way grant a self-defender the right to act outside of all other law governing self-defense. Asa Hutchinson, right, speaks in Little Rock, Ark. 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. 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. Gov. Code 5-73-120(a). Possession or use of a machine gun for an offensive or aggressive purpose is a crime under Ark. 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. Yesterday, the Arkansas House passed pro-gun legislation, Senate Bill 573. LITTLE ROCK, Ark. (a) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if the range is in compliance with noise control ordinances of local units of government that applied to the range and its operation at the time the range was constructed and began operation. , prosecutors finally charged Zimmerman, but a jury ended up acquitting him of any crime. The bills sponsor said that it would be amended to address concerns of affected parties. "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. (9) Vehicle means any craft or device designed for the transportation of a person or property across land or water or through the air. See the section on "Carrying," below. (2) However, the person may not use deadly physical force except as provided in 5-2-607. There is a presumption of an offensive or aggressive purpose in certain circumstances listed in Ark. SB99 would change the law governing health insurance, prescription drugs and the authority of physicians. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL. Font Size: Republican Arkansas Gov. The CALS Foundation is a 501(c)(3) organization. Honor or memorial gifts are an everlasting way to pay tribute to someone who has touched your life. LITTLE ROCK (KATV) Arkansas Gov. (b) A person may not use deadly physical force in self-defense if the, person knows that he or she can avoid the necessity of using deadly physical. It passed by a vote of 19-to-9, with seven senators not voting. 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. 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. 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. Ark. A majority of states in the U.S. are stand your ground states. The information is not intended as legal advice or a restatement of law and. (a)(1) 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. If you can, provide 1-2 sources of information backing up this correction. LITTLE ROCK (KATV) Arkansas lawmakers passed the controversial 'stand your ground' bill 72-23 on the House floor Wednesday. A. However, on December 23, 2020, Senator Bob BallingerofOzark (Franklin County)and Representative Aaron PilkingtonofClarksville(Johnson County), 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. Castle Doctrine You can contact us either online or by calling us toll-free at (888) 433-4861. Stand your ground laws have not reduced violent crime across the US. Additional support provided by the Arkansas General Assembly. for which the person has been granted a pardon explicitly restoring the ability to possess a firearm, Ark. 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. Georgia Stand Your Ground Statute. A similar measure stalled in the Legislature two years ago, but the bill this year moved more easily after groups such as the states sheriffs and prosecutors associations that previously opposed it said theyre neutral to the latest version. Tomorrow, the House Judiciary Committee is scheduled to consider self-defense expansion legislation, Senate Bill 573. 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. On March 3, 2021, Governor Asa Hutchinson signed into law Act 250, a so-called "stand-your-ground" bill. SB 116 would abolish the Board of Trustees of Henderson State and vest its duties to the Board of Trustees of the ASU System. Gov. 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. 5-73-204. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground 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 . Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. The new stand your ground law removes the "duty to retreat" before using deadly force in self-defense. Ark. It is unlawful to deface the serial number or identification mark of a firearm, or to knowingly possess such a firearm. . 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. Code 14-1-101 directs that a sport shooting range or sports facility that is not in violation of a state law or an ordinance of a local unit of government prior to the enactment of a new ordinance affecting the range or facility may continue to operate even if, at or after the time of enactment of the new ordinance affecting the range or facility, the operation is not in compliance with the new ordinance. (2)(A) The use of the deadly physical force for protection would not be allowed under 5-2-607(b). This field is for validation purposes and should be left unchanged. The Arkansas Sheriffs Association said it will meet today to discuss SB24 and other pending legislation. The Senate also approved SB 32, which would allow liquor stores to deliver alcoholic beverages to a customers home. March 03, 2021 10:33 PM ET. 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. STATE CONSTITUTIONAL PROVISION -- Article 2, Section 5. What is Stand Your Ground? 3:17. A number of new laws took effect Wednesday in Arkansas. 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. However, in every neighboring state, were found to become more likely to die by gunfire in the wake of such laws. Sport shooting ranges; exemptions from nuisance and noise pollution suits. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. 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. Hutchinson signed the bill into law on Wednesday, March. A shooting range may not be held liable in a civil lawsuit or criminal action based on a claim of noise or noise pollution. Republicanlegislators in Arkansas attempted to pass a stand-your-ground law in 2019, but the bill (HB 1059) met opposition from the Arkansas Sheriffs Associationand the Arkansas Prosecutors Association. 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. The difference between "stand your ground" and "castle doctrine" laws lies in when and where people have a "duty to retreat". (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.