Rep. Aaron Pilkington files "stand your ground" bill

Rep. Aaron Pilkington today filed a bill to enact a so-called "stand your ground" law, which would expand the circumstances under which a person could use deadly force in defense of self or others, even if there was an option to exit the situation without resorting to violence.

Under current law in Arkansas, a person may not use deadly force in self defense "if the person knows that he or she can avoid the necessity of using deadly physical force" by safely retreating from the situation. This duty to retreat does not apply under current law when a person is at home; under the so-called "castle doctrine," Arkansas law already allows citizens to, for example, shoot a trespasser in the home who is a violent threat even if they could avoid doing so by retreating.

Pilkington's bill would expand the "stand your ground" territory beyond the home to "any location where the person is lawfully present." It explicitly states that a person acting in defense of self or another "is not required to retreat before using deadly physical force" — so long as the lawfully present person is not engaging in criminal activity and did not provoke the other person.

The bill eliminates all current provisions that describe retreating to avoid the need for deadly force. It further codifies that such a possibility cannot be considered in making a determination about whether use of deadly force was lawful: "In determining whether a person reasonably believed that the use of deadly physical force was necessary, a finder of fact may not consider whether the person failed to retreat." For example, juries might need to be instructed that they are prohibited from considering a failure to withdraw from the situation in determining whether or not someone acted in self-defense.

Read more: https://www.arktimes.com/ArkansasBlog/archives/2018/12/20/rep-aaron-pilkington-files-stand-your-ground-bill