Castle Doctrine/Duty to Retreat in Arkansas - Page 2
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Thread: Castle Doctrine/Duty to Retreat in Arkansas

  1. #11
    Join Date
    Sep 2007
    Location
    Republic of Dead Cell Holler, Occupied Territories of AL, former USA
    Posts
    7,415
    Quote Originally Posted by packinprincess View Post
    we do have a very good law for self defense but it is not a castle law or a stand you ground law in the sense that you can not be sued in civil court. Even if you are found justified in your actions in Arkansas the family can still sue you.
    Do you have a feel for how juries react to victimizers' families who sue people that successfully defended their (or others') life with deadly force? I realize there are lots of variables, but just wondered if suing is generally successful or not in such cases.

    Blues
    No one has ever heard me say that I "hate" cops, because I don't. This is why I will never trust one again though: You just never know...

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  3. #12
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    Personally I carry for my and my families protection, don't really care what the law is with regards to retreat in my own home or on my property. While trying to avoid conflict is a good thing and I would walk away from it, I will protect myself and my family at all times, have the absolute right to do so.

  4. #13
    Join Date
    Jul 2011
    Location
    Sepra Peratus/Arkansas
    Posts
    1,638
    Quote Originally Posted by ezkl2230 View Post
    The duty to retreat applies ONLY if you can in complete safety. Otherwise, B) 1 applies: you are in your own home and are not the originator of the aggression. What constitutes aggression is pretty subjective - reasonable man test.

    But I agree, the law would be better if it never even mentioned duty to retreat. That's what I like about Michigan's castle law - the act of breaking into one's home constitutes an act of aggression, and we have no duty to retreat at all.
    I think we're both on the same page here.

    There isn't any duty to retreat in your home, property, out buildings or legal place you have a right to be like your office, car or shop in Ark. It's the public areas your passing through.
    "The duty to retreat applies ONLY if you can in complete safety."
    Imo if your being attacked in a public place, why should the victim have to retreat? That's why Ark needs stand your ground law here. If I can deescalate a situation, I'm all for that. I don't want to employ my weapon if I don't have to. Situational awareness is the rule but when your family is with you it's impossible to keep everyone under control so they can retreat safely. Then theres disabilities that make retreating safely impossible. If a person has a bad heart and/or mobility problems it won't show up under casual inspection.
    This was for clarification on my part.
    ~Responsible people who understand that their personal protection is up to them, provide themselves with protection. Those that don't have only themselves to blame.~Proud NRA ~SAF~GoA Member~

  5. #14
    Join Date
    Jul 2013
    Location
    Hog Jaw, Arkansas
    Posts
    2,275
    Howdy,

    I live in Arkansas and based on several self defense/home defense shootings the ONLY place you do NOT have to retreat is in your home or on your property.

    Your car, office, etc. isn't covered as being your "Castle".

    Our law(s) suck and is written so there is a "Catch-22" that makes it impossible to be able to "SYG" except in your home.

    A couple of years ago person A, a 3rd cousin of mine, kids were been abused ( never proven ) by their stepdad ( person B I went to school went him until he dropped out in the 11th grade ).

    A went over and confronted B and was told to have sex with himself.

    A returned shortly with his brother ( person C ) and a handgun and confronted B again.

    This time A & C threatened B with the handgun. B, as he was standing in the doorway of his home, drew his own gun and shoot A & C several times without killing either.

    B was charged and convicted of aggravated assualt and is currently in prison.

    Even though B was I. His home and on his property the PA stated the he could have retreated into his he and let the cops handle everything ( they were on the way at the time of the shooting ).

    Our law sucks. Person B, Billy Jones, should hav had the right to defend himself against A & C.

    Paul
    I'm so Liberal that I work at the Bill and Hillary Clinton Regional Airport!

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