Posted: 12/1/2008 2:07:14 PM EDT
|
Quick question for those of you in the know...
Can someone please tell me if HB2629 regarding defensive display of a concealed weapon was passed in the State of Arizona? Last I heard it was vetoed by the Governor. is it, or is it not illegal to brandish your concealed weapon in the State of Arizona. Thanks in advance... |
|
Somewhat of a related question: I have also heard that if you are open-carrying, grabbing or touching your weapon can be considered brandishing as well. Is this correct?
While I don't think flashing your weapon in every situation is a good idea, I can certainly see times where moving your hand to your gun or moving your clothes away to easily get to your gun might be enough to disuade any punks from trying anything if it appears its coming to that. |
|
There is no law in Az in regards to "brandishing" a weapon, that's Ca terminology.
In Az it's considered threatening or intimidating with a weapon. And as you can imagine, there are plenty of factors that come into play to determine whether or not a specific act is deemed unlawful. |
|
Fail:
An Ahwatukee man was attacked with his own gun early Saturday after he attempted to scare away a man who appeared to be preparing to take something from his car, Phoenix police said.
At about 6:30 a.m., the 62-year-old resident saw a man leaning into his car parked at his East Magic Stone Drive home near South 51st Street, he told police. The resident walked outside and threatened the man with his 45-calibar Colt handgun, Phoenix police Sgt. Frank Matsko said. But the other man wrestled his gun away and used it to strike the Ahwatukee resident several times in the head, he said... http://www.azcentral.com/news/articles/2008/12/01/20081201ar-gunattack1201.html |
|
Yup that sucks. I definitely think drawing it without intent to use it is a bad idea, especially if you are close enough to the person to have it taken away, but I still think just showing you have one may be enough IN SOME situations. YMMV.
Kind of like racking a shotgun. All the armchair Monday morning quarterbacks will say "Hell no!", but I can tell you from my own personal experience, it worked just fine for me. People on my property that shouldn't have been but on the other side of the house from the door. I walked out, racked the shotgun as hard as could, heard one guy say "oh shit RUN!" and two sets of feet running as fast as they could down the street and watched then jump over a wall. ETA: Sounds like the guy was threatening use of deadly force over personal property. Isn't that a "no-no" also? |
|
Quoted:
ETA: Sounds like the guy was threatening use of deadly force over personal property. Isn't that a "no-no" also? Funny thing in AZ law. You actually CAN threaten deadly force in defense of real property. It's an odd little thing in the law. But only threaten, not use. |
|
Quoted:
Quick question for those of you in the know... Can someone please tell me if HB2629 regarding defensive display of a concealed weapon was passed in the State of Arizona? Last I heard it was vetoed by the Governor. is it, or is it not illegal to brandish your concealed weapon in the State of Arizona. Thanks in advance... Passed by our congress critters, but vetoed by the Gov....looks like the brandishing Q got answered already. |
|
Quoted:
Quoted:
ETA: Sounds like the guy was threatening use of deadly force over personal property. Isn't that a "no-no" also? Funny thing in AZ law. You actually CAN threaten deadly force in defense of real property. It's an odd little thing in the law. But only threaten, not use. Interesting. I will have to read up on that. |
|
Quoted:
Fail: An Ahwatukee man was attacked with his own gun early Saturday after he attempted to scare away a man who appeared to be preparing to take something from his car, Phoenix police said.
At about 6:30 a.m., the 62-year-old resident saw a man leaning into his car parked at his East Magic Stone Drive home near South 51st Street, he told police. The resident walked outside and threatened the man with his 45-calibar Colt handgun, Phoenix police Sgt. Frank Matsko said. But the other man wrestled his gun away and used it to strike the Ahwatukee resident several times in the head, he said... http://www.azcentral.com/news/articles/2008/12/01/20081201ar-gunattack1201.html Oops! He got within arms reach of the bad guy, giving up almost all of the advantage he had with a gun. Stay far enough away and keep your advantage! 
|
|
Quoted:
Quoted:
Quoted:
ETA: Sounds like the guy was threatening use of deadly force over personal property. Isn't that a "no-no" also? Funny thing in AZ law. You actually CAN threaten deadly force in defense of real property. It's an odd little thing in the law. But only threaten, not use. Interesting. I will have to read up on that. It's kind of an oddball thing. Here it is: 13-407. Justification; use of physical force in defense of premises A. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises. 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. C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not. |