A bill to eliminate the “duty to retreat” provision of Arkansas’ self-defense laws passed the state Senate on Tuesday, with one Democrat joining most of the chamber’s Republicans in support of the legislation.
The Senate voted 27-7 in favor of Senate Bill 24, and its passage Tuesday was widely expected after the bill cleared a committee last week where similar legislation had been blocked two years ago.
Both supporters and opponents of the legislation have dubbed it as the “stand-your-ground’ law, using the language of the National Rifle Association, which has advocated on behalf of SB24 and similar legislation in other states.
The sponsor of the bill, state Sen. Bob Ballinger, R-Ozark, argued that Arkansas’ current self-defense laws are “ambiguous” because they require people to retreat, if they can do so safely, before using deadly force to defend themselves.
“This is not a license to kill,” Ballinger said. “This does not give you the ability to shoot first and answer questions later, this is the same policy that is in place in the majority of other states.”
Opponents of the bill have argued that a change to the current law is unnecessary and merely would make it easier for shooters to get away with unjustified killings.
Prosecutors opposed Ballinger’s version of a stand-your-ground bill in 2019, but have pledged to remain neutral this year.
Sen. Joyce Elliott, D-Little Rock, spoke against the bill Tuesday, pointing to statistics showing that stand-your-ground defenses in Florida were more successful when the victim was Black.
“In almost all these cases of ‘stand your ground,’ it’s been a white person with a gun, and a Black person at the other end of that gun,” said Elliott, who is Black. “The facts show that a person who looks like me has a reason to be concerned.”
Other Democrats who spoke against the bill argued that the proposal could result in more violence in raucous protests, or against disabled people. Republicans have disputed the accuracy of the statistics raised by opponents, and pointed to declining crime rates in states that have passed stand-your-ground laws.
One member of each party switched sides in the mostly party-line vote: Sen. Larry Teague, D-Nashville, voted for SB24, while Sen. Jim Hendren, R-Sulphur Springs, voted against it.
Sen. Trent Garner, R-El Dorado, spoke for the bill, telling the Senate that he had once been shot and injured during a mugging in North Carolina. After struggling with his attacker, Garner said he attempted to grab the man’s gun and would have shot him if he did. Garner told the same story to the Senate Judiciary Committee in 2019, at which time prosecutors argued that Arkansas’ current law would have been enough to justify self-defense in Garner’s example.
“That life or death situation when someone’s standing there in front of you, you don’t think about, ‘Can I run or retreat,'” Garner said. “You don’t think about what is the current law or code section, you don’t think about case laws or prosecutors, you think about what am I going to do in this moment to make it home to family.”
After the bill passed the Senate, Ballinger said it could be heard as soon as Thursday in the House Judiciary Committee, but he said it is more likely to be heard next week.
“This is going to pass with a supermajority,” Ballinger said of the bill’s prospects in the House, which is also controlled by Republicans.
Gov. Asa Hutchinson has yet to say whether he would sign the bill if it reaches his desk. Hendren, the lone Republican to oppose the bill in the Senate, is the governor’s nephew.
In a statement released by his office Tuesday, the governor said he will “continue following the debate” as SB24 is considered by the House.
Republican Attorney General Leslie Rutledge told reporters Tuesday at the Capitol that she supports SB24.
“I have visited with the prosecutors about it to make certain that they were comfortable with the language,” she said. “I think we, first and foremost, want to protect our Second Amendment rights, but we also want to make sure that there is not loopholes in the language that would allow criminal defendants and defense attorneys to take advantage of those loopholes, to get bad actors who hurt people off the hook.”
The bill also has garnered opposition from the right. Hutchinson’s opponent in the Republican primaries for governor two years ago, Jan Morgan, spoke against the bill in committee last week and asked the bill’s sponsors to remove language stating that a person must be “lawfully present in the location” before they can use deadly force in self-defense. Morgan argued that the change was necessary to preempt further restrictions on carrying firearms that she expected under President-elect Joe Biden’s administration.
“What is lawful today in America may not be lawful a month from now,” Morgan said then.
However, Ballinger said Tuesday that he had no plans to amend the bill after it passed the Senate. Doing so would risk having prosecutors abandon their neutral position and oppose the bill, he said.
Information for this article was contributed by Michael R. Wickline of the Arkansas Democrat-Gazette.
524477 528267The leading source for trustworthy and timely health and medical news and info. 989100
718033 902497You got a very great internet site, Gladiolus I located it via yahoo. 231901
682252 471386I like this internet site extremely a lot so a lot superb information. 657759
987636 559747I notice there is undoubtedly lots of spam on this weblog. Do you need aid cleaning them up? I may possibly help between courses! 872529
900605 702821Normally I do not read post on blogs, but I wish to say that this write-up very forced me to try and do so! Your writing style has been surprised me. Thanks, quite nice article. 584698
148328 149338This web site is typically a walk-through you discover the details it suited you about this and didnt know who require to. Glimpse here, and youll undoubtedly discover it. 481029
465885 981091Likely to commence a business venture around the refers to disclosing your products and so programs not just to individuals near you, remember, though , to several potential prospects a lot more via the www often. earn money 128996
94446 472766Thanks for blogging and i enjoy the weblog posting so no public comments.,,,,,,,,,,, 68963
555443 285843very nice publish, i surely love this internet web site, carry on it 614655
155433 222473I enjoy looking by means of and I conceive this web site got some truly helpful stuff on it! . 771099
785353 640527I observe there is a lot of spam on this weblog. Do you want aid cleaning them up? I may help in between courses! 228464
272702 944268I gotta bookmark this internet site it seems really helpful . 845715
592503 57468Hello. Great job. I did not expect this. This is a fantastic story. Thanks! You made certain fine points there. I did a search on the subject matter and discovered the majority of folks will have exactly the same opinion together with your blog. 810569
801054 580083I like you weblog (dsol, je suis francais, je parle mal anglais) 807273
504962 873797Youre so cool! I dont suppose Ive read anything like this before. So good to discover somebody with some original thoughts on this topic. realy thank you for starting this up. this internet site is something that is necessary on the internet, someone with slightly originality. valuable job for bringing something new towards the internet! 99350
405991 326356Thanks for blogging and i enjoy the blog posting so no public comments.,,,,,,,,,,, 75840
965720 506365Admiring the time and energy you put into your weblog and in depth info you offer. Its good to come across a blog every once in a although that isnt the same old rehashed material. Great read! Ive bookmarked your website and Im adding your RSS feeds to my Google account. 25873
803461 716679This is sensible info! Exactly where else will if ind out a lot more?? Who runs this joint too? sustain the very good function 788892
419327 785900Watch the strategies presented continue reading to discover and just listen how to carry out this incredible like you organize your company at the moment. educational 431274