Posted: 3/2/2010 5:07:15 PM EDT
| So, what would have to be done to get this passed here? Has it been attempted? |
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AR already has the castle doctrine. You can defend your castle to the full effect. What we're looking for is the "Stand Your Ground" law to become effective. Oh ok, I guess I found an old list or something. The stand your ground law is the no retreat part where you can use deadly force if they are trying to make entry, correct? |
Correct. At one time you had a duty to retreat even in your own home if the option was available. Please bear in mind that I have it upon a good source that all shots fired in self defense are indeed further scrutinized during an election year  . More about the facts The Castle Doctrine has two parts, the ability to defend yourself inside your home (Castle Doctrine) and the ability to defend yourself outside your home (Stand Your Ground). Arkansas criminal statute 5-2-620 codifies our Castle Doctrine and it's very straightforward and easy to read...after doing so you will see that it offers tremendous protection and gives an unprecedented benefit-of-the-doubt to the home owner. It speaks for itself and there is no other state in the union that can boast a better Castle Doctrine than Arkansas. The Stand Your Ground protection is primarily codified in Arkansas criminal statute 5-2-607. Much of the push two years ago was to remove the duty to retreat of a citizen who is attacked. Let us first look at the exact duty retreat requirement in this statute. Our duty to retreat has two very important caveats. The first is that the individual must know that he can retreat, and the second is that he must know he can retreat with complete safety... not some or a predominate amount of, but complete safety. These two caveats provide exceptional legal protection for the individual using deadly force in their self-defense because the prosecution is required to prove beyond a reasonable doubt that the person claiming self defense knew he could retreat and knew he could retreat with complete safety. This is almost an unsurmountable burden for the prosecution to overcome, and we have seen this in fact played out in the courts with few cases where individuals were found guilty for a failure to retreat. The few cases that exist are primarily with gang members killing each other...no loss there. After this thorough review, ARCCA feels very confident that our laws and case law supports a phenomenal protection for individuals using self-defense for themselves and others and feels that any changes to the current laws (that have been on the books for over thirty years) would undermine this protection. Quoted: AR already has the castle doctrine. You can defend your castle to the full effect. What we're looking for is the "Stand Your Ground" law to become effective. |
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AR already has the castle doctrine. You can defend your castle to the full effect. What we're looking for is the "Stand Your Ground" law to become effective. Oh ok, I guess I found an old list or something. The stand your ground law is the no retreat part where you can use deadly force if they are trying to make entry, correct? I'm not sure if Spikes was answering your post or mine. My take is the Stand Your Ground stuff if for away from your home. Not necessarily a forced entry into your home. That would be covered by the "Castle Doctrine" as it's understood to mean. However I will say I'm not sure if your property would be considered your Castle or not. Inside you home I think it's pretty clear. Fire away! Or even trying to gain entrance. I'm not so sure about your property outside you home however. I think the recent case where the guy was shot stealing the 4 wheeler may have been a good example of how the laws treats this type of shooting although I'm not sure what has happened since the shooting occurred. In other words if someone approaches you on your property do you have a reasonable responsibility to retreat to your castle? Of course if they enter, all bets are off. The Stand Your Ground part has more to do with being away from home like a parking lot or something. If someone approaches you with what you believe intent to do bodily harm your obligation is to retreat as Spikes suggested. The Stand Your Ground law(s) make it easier for you to basically "stand your ground" and defend yourself if you have the means. You don't have to run away. But then this all begs the question, what if you're carrying and witness a crime being committed? Can use your weapon to interject? You witness an armed robbery and the suspects fleeing the place of business they just robbed. Can you draw your weapon to try and stop them even if you are not threatened? Do you have a responsibility to stop or prevent a crime without fear of prosecution? |
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Setting the legal precedents and parameters aside for a moment, lets live in reality as it relates to self defense outside the home. You should never draw your firearm unless there is an the imminent threat of you losing your life. For this to happen for me, I would need to see a person with a weapon that is capable of severe bodily injury, (knife, gun, baseball bat, tire iron, etc). An alternative to a weapon present would be the presences of a person substantially bigger, faster, stronger, more capable fighter in hand to hand combat (perhaps someone 6'5 245pds), whom has the express intent of doing me harm, or (2 or more persons) creating a life threating force. Given any of these criteria I see the only question to be answered is, (who is going home tonight? Me or them?) Better to be judged by 12, than be carried by 6. Again, self defense generally always to be determined by someone else who was not present at the time of said defense, and whom may have political capital at stake in regards to prosecuting you. Then there is always the issue that the person you shot was related to somebody in a position of authority. If they well prosecute navy seals in theater, they will damn sure prosecute you. http://www.supporttheseals.com/ |
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I think we must get a stand your ground law passed.
What is being posted here is not entirely true. The arkansas castle doctrine law FAILED to be passed what people are talking about is legal precident for an affirimative defense. In another words if you are forced to defend yourself. Your local PA can decide to charge you. You will have a solid defense of self denfense backed up by lots of legal precident in the state of arkansas. However you will still have the great expense of hiring a lawyer plus mental toll of a trial and you never know what a jury is going to do. Now I will grant you my senario is rare that you would be charged but if you were it could be devistating With a good stand your ground law you could not even be charged. |
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what is the deal on carrying hand guns? New to AR <–––––––––––––––––––––––––––––––––––––––––––––––––––– In a nutshell - no open carry, concealed carry with permit only. http://www.asp.state.ar.us/divisions/rs/rs_chl.html |