(Staton Breidenthal/The Arkansas Democrat-Gazette via AP, File), Connect with the definitive source for global and local news. 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. Please look at the time stamp on the story to see when it was last updated. In the case of a deadly use of force, the defendant would need to show that deadly force was necessary to prevent serious . 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. Learn more about how this website uses cookies to enhance your browsing experience. Some forums can only be seen by registered members. (2) Unborn child means the offspring of human beings from conception until birth. The bill had the backing of the National Rifle Association. 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 Arkansas General Assembly due to fierce opposition from Republicans. You can justify the use of deadly force if you believe it was absolutely necessary to prevent a violent crime like sexual assault, kidnapping, murder, or robbery. Committed involuntarily to any mental institution. The license is valid throughout the state for 5 years from the date of issuance. Your e-mail is 100% safe. They cover most of the same issues as the castle laws (the places where this law applies, the requirements fro use of deadly force, if there is a duty to retreat, the amount of force that maybe used in . March 03, 2021 10:33 PM ET. 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. 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. Stand Your Ground Laws are often expansions of the Castle Laws. Hutchinson said the new law should be monitored, saying changes may need to be made if voters arent provided necessary assistance in voting. The following day, the full House passed the bill, sending it on to Governor Hutchinson. 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. The vote on SB 32 was close. 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. Florida's "stand your ground" law, then you can seek a dismissal of the charges against you. Watch on. The Senate Committee on Public Health, Welfare and Labor endorsed SB 99, which would regulate step therapy protocols. 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. 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. (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. The bill, SB175, removed the "duty to retreat" requirement, "in determining whether or not a person who used force in self-defense, defense of another, or defense of that person's residence reasonably believed that the force was necessary to prevent injury, loss, or risk to life or safety." [2] The bill went into effect April 6 th, 2021. Arkansas has long been a state with reliable self-defense laws that definitively assert citizens right to defend themselves and others against the unlawful use of force. - Senate Bill 24, the Stand Your Ground Bill, was passed out of the House Judiciary Committee on Tuesday. SB 24 was sent to the House Judiciary Committee, which must consider it before a vote of the entire House of Representatives. Patients and their physicians could ask for an exemption from the protocol, and the process of getting an exemption must be clear, readily accessible and convenient. A review of gun death statistics by the. This project is funded in part by a National Endowment for the Humanities (NEH) Sustaining the Humanities through the American Rescue Plan grant award. In other news, the Senate approved legislation to complete the merger of Henderson State University at Arkadelphia into the Arkansas State University System. Asa Hutchinson and the state legislature for passing SB 24 and making stand your ground legislation the law. 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. Research consistently shows that stand your ground laws increase homicides and, when combined with racial bias, result in the killing of Black Americans. 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. , 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. The bill now heads to to the majority-Republican House. Generally, "stand your ground" laws allow people to respond to threats or force without fear of criminal prosecution. That measure has faced stiff opposition from some Republicans, including the sponsor of the Stand Your Ground measure. This includes cars, homes, and other public places. The Arkansas Sheriffs Association said it will meet today to discuss SB24 and other pending legislation. Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. LITTLE ROCK, Ark. Under Ark. 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. 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. (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. (c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is: (2) Not engaged in criminal activity that gives rise to the need to use physical force; and. 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. Possession of firearms in fields, forests, along streams, or in any location known to be game cover shall be considered prima facie evidence that the possessor is hunting. Health insurance companies are using step therapy in more plans nowadays, as a method of holding down costs of prescription drugs. However, the proposed hate crimes bill failed to make it out of committee. Hutchinson said he will sign Arkansas's controversial Stand Your Ground bill into law, but asked legislators to pass proposed hate crimes legislation as well. (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. 18, 92d Gen. Admin. Code 5-27-210. 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. Stand your ground laws are associated with increases in lethal violence in some states. Major support provided through a partnership with the Arkansas Department of Parks & Tourism. "Stand Your Ground" policy removes a duty to retreat before a would-be victim can use deadly force to defend against the imminent threat of death or great bodily injury. 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 . Many Republican lawmakers support the bill. Understand this: Stand Your Ground, and self-defense in general, applies to an immediate, credible threat. (e) Notwithstanding any other provision of law to the contrary, nothing in this subchapter shall be construed to limit civil liability except in the limited case of noise pollution. 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. The Stand Your Ground law doesn't apply in certain situations. 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. What Is The Second Amendment And How Is It Defined. A spokeswoman said Dec. 23 Hutchinson hadnt yet read or taken a position on the new version. (Unsure how a bill becomes a law. Each of Arkansass neighboring states passed such legislation years beforeArkansasdid. The justification for stand your ground laws and hate crimes laws are the same the fundamental right to feel safe, Hutchinson said. Possession or use of a machine gun for an offensive or aggressive purpose is a crime under Ark. LITTLE ROCK, Ark. (d) Rules adopted by any state agency for establishing levels of noise allowable in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this subchapter. Copyright 2023, Arkansas Democrat-Gazette, Inc. Skip Navigation Share on Facebook 2.22.2022 Shoot First lawsalso known as Stand Your Ground legislationare deadly, reckless, and extreme. . There is no specific restoration process for persons who are prohibited due to an adjudication or commitment for mental illness. They cover most of the same issues as the castle laws (the places where this law applies, the requirements fro use of deadly force, if there is a duty to retreat, the amount . 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. 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. (Unsure how a bill becomes a law in Arkansas? Stand-Ground Bill Now Law.Arkansas Democrat-Gazette, March 4, 2021, pp. The Senate also approved SB 32, which would allow liquor stores to deliver alcoholic beverages to a customers home. All rights reserved. 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. The House Judiciary Committee was scheduled to consider self-defense expansion legislation, Senate Bill 573, last week. One exception to the preemption statute allows ordinances regulating or forbidding the unsafe discharge of a firearm. Under the bill, customers can only order home deliveries if theyre 21 years of age. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject to, change. Read our guide to the General Assembly.). This may not be reproduced for commercial purposes. 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. Arkansas: Stand Your Ground Legislation Could be Heard as Early as Tomorrow! Some conservative lawmakers tried unsuccessfully to loosen the restrictions even further by expanding where lethal force could be used in self defense. SB 116 would abolish the Board of Trustees of Henderson State and vest its duties to the Board of Trustees of the ASU System. In 2017, Arkansas created a license endorsement. A licensee who completes a separate training course approved by the Director of the Division of Arkansas State Police and receives the endorsement is eligible to carry a concealed handgun in otherwise restricted places, including certain publicly-owned buildings or facilities under Ark. Hendren later joined a January 31 rally at theArkansas State Capitolin opposition to the bill. (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. The bills sponsor said that it would be amended to address concerns of affected parties. Use of deadly physical force in defense of a person. 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. (Arkansas Democrat-Gazette/Thomas Metthe) Gov. All Rights Reserved. 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).