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Thread: Protecting property

  1. #1
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    Got posed an interesting question...



    Similiar to Tx and La Does az residents have the right to lethally protect property??



    car, tv etc etc

  2. #2
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    As far as I'm aware, the closest we have to property protection is protecting yourself in an occupied structure or vehicle from forceful entry or removal.

    So you can't shoot someone for stealing your tv, but you can shoot him when he breaks into your house to steal it. And you can't shoot someone to save your unoccupied car, but you can shoot him if he shoves you off your skateboard and tries to steal it.

  3. #3
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    It's called the 'Castle Doctrine' -- here's Arizona's position on it:

    http://www.azleg.gov/FormatDocument..../laws/0199.htm

    13-418. Justification; use of force in defense of residential structure or occupied vehicles; definition

    A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, A PERSON IS JUSTIFIED IN THREATENING TO USE OR USING PHYSICAL FORCE OR DEADLY PHYSICAL FORCE AGAINST ANOTHER PERSON IF THE PERSON REASONABLY BELIEVES HIMSELF OR ANOTHER PERSON TO BE IN IMMINENT PERIL OF DEATH OR SERIOUS PHYSICAL INJURY AND THE PERSON AGAINST WHOM THE PHYSICAL FORCE OR DEADLY PHYSICAL FORCE IS THREATENED OR USED WAS IN THE PROCESS OF UNLAWFULLY OR FORCEFULLY ENTERING, OR HAD UNLAWFULLY OR FORCEFULLY ENTERED, A RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE, OR HAD REMOVED OR WAS ATTEMPTING TO REMOVE ANOTHER PERSON AGAINST THE OTHER PERSON'S WILL FROM THE RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE.

    B. A PERSON HAS NO DUTY TO RETREAT BEFORE THREATENING OR USING PHYSICAL FORCE OR DEADLY PHYSICAL FORCE PURSUANT TO THIS SECTION.

    C. FOR THE PURPOSES OF THIS SECTION:

    1. "RESIDENTIAL STRUCTURE" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-1501.

    2. "VEHICLE" MEANS A CONVEYANCE OF ANY KIND, WHETHER OR NOT MOTORIZED, THAT IS DESIGNED TO TRANSPORT PERSONS OR PROPERTY.

  4. #4
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    Here's the awesome part, you know how you have to reasonably believe that you're in danger to kill (or threaten to) someone who's forcefully entering? Well, according to 13-419 you are presumed to be acting reasonably if someone is forcefully entering.



    13-419. Presumption; exceptions; definition

    A. A PERSON IS PRESUMED TO BE ACTING REASONABLY FOR THE PURPOSES OF SECTIONS 13-404 THROUGH 13-408 AND SECTION 13-418 IF THE PERSON IS ACTING AGAINST ANOTHER PERSON WHO UNLAWFULLY OR FORCEFULLY ENTERS OR ENTERED THE PERSON'S RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE, EXCEPT THAT THE PRESUMPTION DOES NOT APPLY IF:

    1. THE PERSON AGAINST WHOM PHYSICAL FORCE OR DEADLY PHYSICAL FORCE WAS USED HAS THE RIGHT TO BE IN OR IS A LAWFUL RESIDENT OF THE RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE, INCLUDING AN OWNER, LESSEE, INVITEE OR TITLEHOLDER, AND AN ORDER OF PROTECTION OR INJUNCTION AGAINST HARASSMENT HAS NOT BEEN FILED AGAINST THAT PERSON.

    2. THE PERSON AGAINST WHOM THE PHYSICAL FORCE OR DEADLY PHYSICAL FORCE WAS USED IS THE PARENT OR GRANDPARENT, OR HAS LEGAL CUSTODY OR GUARDIANSHIP, OF A CHILD OR GRANDCHILD SOUGHT TO BE REMOVED FROM THE RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE.

    3. THE PERSON WHO USES PHYSICAL FORCE OR DEADLY PHYSICAL FORCE IS ENGAGED IN AN UNLAWFUL ACTIVITY OR IS USING THE RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE TO FURTHER AN UNLAWFUL ACTIVITY.

    4. THE PERSON AGAINST WHOM THE PHYSICAL FORCE OR DEADLY PHYSICAL FORCE WAS USED IS A LAW ENFORCEMENT OFFICER WHO ENTERS OR ATTEMPTS TO ENTER A RESIDENTIAL STRUCTURE OR OCCUPIED VEHICLE IN THE PERFORMANCE OF OFFICIAL DUTIES.

    B. FOR THE PURPOSES OF THIS SECTION:

    1. "RESIDENTIAL STRUCTURE" HAS THE SAME MEANING PRESCRIBED IN SECTION 13-1501.

    2. "VEHICLE" MEANS A CONVEYANCE OF ANY KIND, WHETHER OR NOT MOTORIZED, THAT IS DESIGNED TO TRANSPORT PERSONS OR PROPERTY.

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