Im not sure if this incident got the ball rolling on some recent new laws here in AZ, but we as gun owners are now protected a little more. AZ is deffinately a gun friendly state!
110 • SB1145 • §13-103 • A • Justification
defenses are explicitly not affirmative defenses. In
other words, self defense and similar legal
protections are not subject to the abusive standard
where you must prove your innocence.
110 • SB1145 • §13-205 • A • Justification
defenses are explicitly not affirmative defenses.
Justified conduct describes behavior that if not
justified would be an offense, but if justified is not
criminal or wrongful. If evidence of justification is
presented by a defendant, the state must prove
beyond a reasonable doubt that the defendant did
not act with justification.
112 • SB1145 • §13-411 • A • The justified threat
or use of physical force or deadly physical force to
prevent a long list of enumerated crimes applies in
your home, residence, place of business, land you
own or lease, any type of conveyance and any
other place in the state where you have a right to
be. (An activist judge, legislating from the bench,
had decided this law only applied in your home,
which was found nowhere in the law; the new
language was added to eliminate his precedent
changes to the statute.)
114 • SB1145 • §13-418 • N • The Castle
Doctrine. You are justified in threatening or using
physical force or deadly physical force against a
person if you reasonably believe you or another
person are in imminent peril of death or serious
physical injury, and the person you act or threaten
to act against had unlawfully or forcefully entered
or was unlawfully or forcefully attempting to enter a
residential structure or occupied vehicle, or had
removed or was attempting to remove another
person from the residential structure or occupied
vehicle against their will. You have no duty to
retreat before threatening or using physical force or
deadly physical force in such situations. Residential
structure is described in §13-1501. Vehicle means a
conveyance of any kind, motorized or not, designed
to transport people or property.
114 • SB1145 • §13-419 • N • You are presumed
to be acting reasonably in specified justification
statutes (§13-404 through §13-408), including the
new Castle Doctrine statute (§13-418), if you act
against a person who unlawfully or forcefully enters
or entered your residential structure or occupied
vehicle, except: 1–if the person you act against has
the right to be in the residence or vehicle, as
defined, and there is no order of protection or
injunction against harassment filed against the
person; 2–if the person you act against is the parent,
grandparent or has legal custody or guardianship of
a child sought to be removed from the residence or
vehicle; 3–you are engaged in an unlawful activity
or using the residence or vehicle to further unlawful
activity, and; 4–if the person you act against is a
law enforcement officer entering or attempting to
enter in performance of official duties.
The lack of any limit on item 3 above could remove
your protection for such things as sexually active
youngsters at home, certain web sites on the
Internet, incorrectly filed taxes, unknowing
possession of certain contraband, unpaid traffic
tickets and more.
114 • SB1145 • §13-420 • N • An important
change that puts teeth in the protections against
frivolous lawsuits by felony perpetrators who sue if
they are harmed: The defendant may collect
attorney fees, costs, compensation for lost income
and all expenses incurred in defense on any civil
action in which the defendant prevails and the
defendant’s actions are found to be justified.
The first one listed I belive could have helped out in the mentioned case.
If anyone is interested here is the full list of new AZ gun law. Not the hunting one!
http://www.gunlaws.com/pdf/AZ New Bills 2006.pdf#search="New Gun Laws In Arizona"