Arkansas Castle Doctrine

This is a discussion on Arkansas Castle Doctrine within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I have looked feverishly for information regarding if Arkansas has a castle doctrine. I know that in the past they were tring to pass one ...

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Thread: Arkansas Castle Doctrine

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    Member Array ArPacker's Avatar
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    Talking Arkansas Castle Doctrine

    I have looked feverishly for information regarding if Arkansas has a castle doctrine. I know that in the past they were tring to pass one into law but I haven't heard anything else. Any help would be greatly appreciated.

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    VIP Member Array farronwolf's Avatar
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    Here is some of the Arkansas code

    5-2-608. Use of physical force in defense of premises.
    (a) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.
    (b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if:
    (1) Use of deadly physical force is authorized by § 5-2-607; or
    (2) The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.
    History. Acts 1975, No. 280, § 508; A.S.A. 1947, § 41-508.

    5-2-607. Use of deadly physical force in defense of a person.
    (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 force or violence;
    (2) Using or about to use unlawful deadly physical force; or
    (3) (A) Imminently endangering the person's life or imminently about to victimize the person as described in § 9-15-103 from the continuation of a pattern of domestic abuse.
    (B) As used in this section, “domestic abuse” means the same as defined in § 9-15-103.
    (b) A person may not use deadly physical force in self-defense if he or she knows that he or she can avoid the necessity of using deadly physical force with complete safety:
    (1) (A) By retreating.
    (B) However, a person is not required to retreat if the person is:
    (i) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or
    (ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or
    (2) By surrendering possession of property to a person claiming a lawful right to possession of the property.
    (c) As used in this section, “curtilage” means the land adjoining a dwelling that is convenient for family purposes and habitually used for family 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.
    History. Acts 1975, No. 280, § 507; A.S.A. 1947, § 41-507; Acts 1997, No. 1257, § 1; 2007, No. 111, § 1.

    You can search their code here.

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    Distinguished Member Array kazzaerexys's Avatar
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    Well, it looks like 5-2-608(b) allows lethal force against a burglar even if no obvious lethal threat is offered by said burglar. It is not as clearly and unambiguously stated as for some other states, but that seems to quack like a Castle Doctrine... (IANAL, of course. )
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    VIP Member Array farronwolf's Avatar
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    That is the way that I read it also, but you must be on your property and it must be your home, and it doesn't appear to extend to your vehicle.

    So it is not as broad as what we have here in Texas, or some other states.
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    VIP Member Array David in FL's Avatar
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    Quote Originally Posted by kazzaerexys View Post
    Well, it looks like 5-2-608(b) allows lethal force against a burglar even if no obvious lethal threat is offered by said burglar. It is not as clearly and unambiguously stated as for some other states, but that seems to quack like a Castle Doctrine... (IANAL, of course. )
    What subparagraph of 5-2-608(b) are you seeing that would allow the use of deadly force against a simple burglary w/o an obvious lethal threat?

    I don't see it..... all I see is that if you're otherwise authorized to use deadly force and if you're in your home, you don't have the requirement to retreat as you would outside the home. Not the same thing at all.

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    Distinguished Member Array kazzaerexys's Avatar
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    Quote Originally Posted by David in FL View Post
    What subparagraph of 5-2-608(b) are you seeing that would allow the use of deadly force against a simple burglary w/o an obvious lethal threat?
    Subparagraph (2): "to prevent the commission of arson or burglary".

    Subpar (1) says you use lethal force at home the same as anywhere else if faced with a lethal threat; subpar (2) says you can shoot to prevent the commission of burglary or arson. Since burglary is simply the act of breaking in, the statute says in toto that you can use deadly physical force to stop a break-in at your own home.

    The important distinction is that 5-2-608(a) says you can use non-lethal force to stop simple trespass, but (b) lets you escalate to lethal force if the trespasser is committing arson or burglary. So, unlike some states (Texas) where the Castle Doctrine covers your entire property, the statute here seems limited to the actual physical residence.
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    I have looked feverishly for information regarding if Arkansas has a castle doctrine. I know that in the past they were tring to pass one into law but I haven't heard anything else. Any help would be greatly appreciated.
    Arkansas dosent really need a castle doctrine as it has been included in the state statutes for years...as others here have found and quoted.

    Last year, some Legislators, tried to clean up the language a bit and introduce a "Stand your Ground " Law that failed. I was told that the big city Prosecutors didnt want it becasue they felt like the gangbangers would take advantage of it. As a matter of fact,those that opposed it were liberal Democrats. I guess since most of them are lawyers, they felt that gangbangers shooting each other would cut into their paychecks because corpses are hard to prosecute. As a result of their twisted and tainted thought process, everybody in the state lost.

    I would like to add this though...
    B) However, a person is not required to retreat if the person is:
    (i) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or
    The "curtilage" was added this year...emphasis in bold was mine. From what I understand, it has not yet been tested.
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    Dang Ramrod...
    you must have alot of time on your hands.
    BTW, the link to the NYTimes is dead.
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

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    Ex Member Array Ram Rod's Avatar
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    Dang Ramrod...
    you must have alot of time on your hands.
    BTW, the link to the NYTimes is dead
    I'm just fast, and enter the right keywords to get the desired information. I alot the precious time I do have to things that interest me and are important. In the days of yore, secrets and the ways of life came from the elders. These days, it's immediately available to anyone who asks so long as they ask the right questions.

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