SYG in Ark is Law

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Craig_AR

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Ark Senate Bill 24 is now Act 250, signed by the governor on March 3.
https://www.arkleg.state.ar.us/Acts...ic/&file=250.pdf&ddBienniumSession=2021/2021R
to read the act, which shows the changes to the previous law removing duty to retreat.
One area of controversy is the new law applies only if the person using physical or deadly force to prevent a felony of force is “legally present.” The concern is that a defender could not use a firearm under SYG in a prohibited area, such as a business with prohibition signs. In Arkansas such business policies and signage make carrying a criminal offense, not simply a civil trespass as in some other states.
I guess we will have to see the outcome if an armed citizen goes into a prohibited area to stop a crime of force, or if one is illegally carrying and draws to stop a crime.
Question for our lawyers: when is this in effect, immediately or on some future date?

Craig
 
Arkansas has been a “castle doctrine” state with loose boundaries.
I do not think the castle doctrine law has loose boundaries. It applies to domicile and curtilage, with a reasonably clear definition (from JUSTIA):
(1) "Curtilage" means the land adjoining a dwelling that is convenient for residential purposes and habitually used for residential 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;​
The new law repeats the above definition word-for-word. It also provides for no duty to retreat in any location the individual is "lawfully present," far beyond the domicile plus curtilage.

Craig
 
I do not think the castle doctrine law has loose boundaries. It applies to domicile and curtilage, with a reasonably clear definition (from JUSTIA):

To be clear I did not say the law had loose boundaries. However, the application of it by Prosecuting Attorneys has been broad and mostly consistent; defaulting to the victim or person using potentially deadly force.
 
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