like_the_roman wrote:
1. ARS 13-407 and 13-408 allows the threatening of physical force (just by aiming the gun at someone) as well as the use of physical force when it comes to preventing criminal trespass and in defense of immovable property. So, yes -- you can shoot the robber who is breaking into your house even if he is unarmed. We have castle doctrine and no jury in hell would make an attempt to charge you with anything.
13-407 specifically states that "PHYSICAL FORCE" is allowed.. not DEADLY force (these are two VERY different terms/meanings), EXCEPT when your life is in danger. I am not aware of a SINGLE case where civillian use of deadly force is legal/justified in the defense of PROPERTY. Life, and life ONLY.This of course ties only to USE of either type of force. 'Threat' of use of both appears to be A-OK.
"B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406."
like_the_roman
wrote:
2. I'm glad to hear that police officers are throwing basic marksmanship out the window and telling people not to aim. Now I know why they can't shoot. Use defensive display to try and deter them, and if that doesn't work, then:
Does sound like one rather idiotic cop. Of course, you might as well ask the service cashier at a car dealership how to repair the transmission on your car. Cop != lawyer =)
like_the_roman
wrote:
3. You can make a citizens arrest in accordance with ARS 13-3884. And if the cops are allowed to pull out their guns to make arrests, then I don't see why you can't -- threatening physical force for the purposes of crime prevention in public is legal under ARS 13-411 Section D. If the attacker is obviously doing something wrong but is not making a direct threat to you or others -- for example, breaching the peace or committing a felony as defined by ARS 13-3884/13-411 -- then you may be able to use your weapon to detain them long enough for the "real" police to arrive.
If one really wants to play cop, one truly should just become one.
I can't speak for everyone, but I carry a gun not to become the local superhero. I carry it to defend my own life, and the lives of those close to me. MAYBE the life of a 3rd party if I actually have enough information to act on. (I say maybe because I truly can't say for sure how *I* will react if put into such a situation.)
I'll leave the arresting task to those who are paid to do it, have a legal safety net to do so, and who choose to take that risk in their choice of career. I'm a computer geek for a reason! =)