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Old February 28, 2012, 01:19 PM   #45
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 4,699
Quote:
Originally Posted by Bartholomew Roberts
Typically a "Stand Your Ground" law removes the duty to retreat in a public place. It appears Arkansas still requires you to retreat in a public place if you can do so safely. It also looks like Arkansas Castle Doctrine only extends to the home, so in this case Waller would not gain any extra legal advantage by staying in his car.
Yes, but take a close look at § 5-2-607:

Quote:
(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 . . . .

(b) A person may not use deadly physical force in self-defense if the person 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: . . . .[edited by Spats McGee for brevity]
Ark. Code Ann. § 5-2-607 (West)(emphasis supplied by Spats)

BR, your analysis is just a little off.
Quote:
Originally Posted by Bartholomew Roberts
It appears Arkansas still requires you to retreat in a public place if you can do so safely.
Not quite. Arkansas law requires you to retreat if: (a) you're in a public place; and (b) you know (c) that you can avoid the necessity of using deadly physical force with (d) complete safety. Not, "I think I'll have complete safety over there," or "I know I'll be safer over there," but "I know that I can avoid deadly force in complete safety by retreating."

I would agree that the car does not afford him any extra legal protection in Arkansas, but I'm not convinced that he was under a duty to retreat, either.
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