Self-Defense Laws in Arkansas
Whether Arkansas has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: Stand your ground (Act 250 of 2021). A person is not required to retreat before using deadly physical force if the person: is lawfully present at the location; Ark. Code §§ 5-2-606(c), 5-2-607(b) (Act 250 of 2021)
| Stand your ground / duty to retreat | Stand your ground (Act 250 of 2021). A person is not required to retreat before using deadly physical force if the person: is lawfully present at the location; reasonably believes the person against whom the force is used is imminently threatening to cause death or serious physical injury to the person or another person; is not the initial aggressor and has not provoked that person (subject to the withdrawal exception); is not committing felon-in-possession of a firearm (§ 5-73-103) with the firearm used, unless in or at the person's dwelling or its curtilage; is not engaged in criminal activity that gives rise to the need for deadly force; and is not acting in furtherance of a criminal gang, organization or enterprise. A similar no-retreat rule applies to non-deadly physical force. |
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| Castle doctrine (defending your home) | Deadly physical force is justified if a person reasonably believes another person is committing or about to commit a felony involving physical force or violence, is using or about to use unlawful deadly physical force, or is imminently endangering the person's life from the continuation of a pattern of domestic abuse. Under the 2021 no-retreat rule a lawfully present person need not retreat anywhere, including the home; the exception for a person committing felon-in-possession does not apply when the person is in or at his or her dwelling or in the curtilage (the land adjoining a dwelling habitually used for residential purposes, including closely connected outbuildings). |
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FAQ
Is Arkansas a stand your ground state?
Stand your ground (Act 250 of 2021). A person is not required to retreat before using deadly physical force if the person: is lawfully present at the location; reasonably believes the person against whom the force is used is imminently threatening to cause death or serious physical injury to the person or another person; is not the initial aggressor and has not provoked that person (subject to the withdrawal exception); is not committing felon-in-possession of a firearm (§ 5-73-103) with the firearm used, unless in or at the person's dwelling or its curtilage; is not engaged in criminal activity that gives rise to the need for deadly force; and is not acting in furtherance of a criminal gang, organization or enterprise. A similar no-retreat rule applies to non-deadly physical force.
Does Arkansas have a castle doctrine?
Deadly physical force is justified if a person reasonably believes another person is committing or about to commit a felony involving physical force or violence, is using or about to use unlawful deadly physical force, or is imminently endangering the person's life from the continuation of a pattern of domestic abuse. Under the 2021 no-retreat rule a lawfully present person need not retreat anywhere, including the home; the exception for a person committing felon-in-possession does not apply when the person is in or at his or her dwelling or in the curtilage (the land adjoining a dwelling habitually used for residential purposes, including closely connected outbuildings).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.