Full question:
I live in Arkansas and own several acres of wooded property around the house in which I live. Every year I have problems with hunters trespassing. If I am threatened by a hunter with a firearm do I have the right to defend myself using deadly force? I also possess a concealed handgun permit.
- Category: Criminal
- Date:
- State: Arkansas
Answer:
In Arkansas, self-defense allows you to use reasonable force to protect yourself from bodily harm. You can use deadly force if you reasonably believe someone is about to commit a felony involving violence, is using unlawful deadly force, or is imminently endangering your life.
However, you cannot use deadly force if you can safely retreat or avoid the situation, unless you are in your dwelling or its immediate surroundings and did not provoke the threat. In this context, 'curtilage' refers to the land around your home that is used for family purposes.
Trespassing laws in Arkansas state that entering someone else's property without permission is illegal. Hunters do not have a license to trespass, and specific laws apply to them. If a hunter is on your property without permission, they may be committing a crime. If you feel threatened by a hunter with a firearm, you may have the right to defend yourself, but the circumstances must meet the legal criteria for self-defense.
For further details, refer to Arkansas statutes: 5-2-607 (Use of deadly physical force in defense of a person), 5-39-203 (Criminal trespass), and 5-73-120 (Carrying a weapon).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.