Arizona Defensive Display

[alexselkirk1704]

We in Arizona have a couple of new gun laws on the books. The Restaurant Carry law has received a lot of attention in the news but at least it is pretty clear what that law means. The Defensive Display law is less clear to me. I have read the law itself and looks to me that if you are under immediate threat of severe injury or death then you can do a "Defensive Display"; ie put your hand on your gun, draw it or tell the assailant that you have a gun. OK but if you are under immediate threat etc then you can draw and fire anyway. So does anybody understand this new law well enough to say what new rights or protections it gives to gun carriers?

Read the law HERE

Justification Self-Defense Here

 

[swingpress]

Sorry to revive this old thread, but I would hate for someone to be misinformed as a result of it.

A. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.

B. This section does not apply to a person who:

1. Intentionally provokes another person to use or attempt to use unlawful physical force.

2. Uses a firearm during the commission of a serious offense as defined in section 13-706 or violent crime as defined in section 13-901.03.

C. This section does not require the defensive display of a firearm before the use of physical force or the threat of physical force by a person who is otherwise justified in the use or threatened use of physical force.

D. For the purposes of this section, "defensive display of a firearm" includes:

1. Verbally informing another person that the person possesses or has available a firearm.

2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force.

3. Placing the person's hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport.

This law was passed and is available here: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/00421.htm&Title=13&DocType=ARS13-421

The justification section states that defensive display may be used when force would be justified - there is no deadly force requirement. Allowed defensive display is defined and does not include drawing a weapon.

 

[Lee Roder]

So "drawing a weapon" could not be "displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force" and so is excluded from "allowed defensive display of a firearm" defined in the statute?

 

[gbran]

Sounds like you could draw in an iminent situation, but you'd be covered if you didn't pull the trigger?

 

[danez71]

Scenario:

You door ding someone car when you get to Home Depot.

Owner of dinged car comes walking up after buying an axe and sees you checking out the damge.

He gets visably upset, grabs his axe and say he's going to chop your stumps off. You believe him and have some distance. He starts walkinig toward you with the axe in his hand.

You inform him you have a gun, lift your shirt to display it, and tell him to away.

 

[swingpress]

Section D2 will no doubt have to be decided by the courts, but a draw is not one of the explicitly allowed actions and the actions that are explicitly allowed are far less than a draw in my mind.

I'm not a lawyer, but I wouldn't bet on a court finding you justified if you drew against the threat of force (not deadly force).

The credible threat of deadly force is already covered in Arizona law and as presented in post #5, I think you would be justified to draw and fire - so obviously also to draw.

I am happy to be corrected if there is someone more familiar with the subject who can enlighten us.

 

[armoredman]

Bills in play to clarify and expand defensive display, as well.

 

[swingpress]

Armoredman,

Presumably you are referring to HB2145 which, thus far, adds only the word holster to section D3?

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/hb2145p.htm

 

[emazingli]

I like the new law rv rental arizona for firearms. I can justify myself now.

 

[Black Knight]

I believe it was designed to take the wind out of the sails of those who have the belief that if you draw your weapon you absolutely must shoot someone. They don't believe in the bad guy running off or surrendering before a shot is fired. That said you should be ready to fire if you draw but realize there are times when something changes the circumstances in that last split second.