AZ: Firemission - contact Governor in support of HB 2629

This is a discussion on AZ: Firemission - contact Governor in support of HB 2629 within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; HB 2629 is Arizona legislation that passed to the Governors desk today that if signed would correct issues in Arizona where in the past citizens ...

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Thread: AZ: Firemission - contact Governor in support of HB 2629

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    Member Array swift's Avatar
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    AZ: Firemission - contact Governor in support of HB 2629

    HB 2629 is Arizona legislation that passed to the Governors desk today that if signed would correct issues in Arizona where in the past citizens have been charged with brandishing a weapon when they showed or "brandished" a gun in self defense but didn't go past showing the weapon because the thug stopped the attack at the first sight of the gun. If the bill passes it would only be legal in self defense against someone who is using or attempting to use either deadly physical force or unlawful physical force. She can be contacted at: 602-542-4331 or toll-free at: 800-253-0883.

    Sample text & e-mail or mailing address is available here.

    Bill details & full text of bill is available here.
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    Member Array Vested's Avatar
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    Confused??

    Quote Originally Posted by swift View Post
    HB 2629 is Arizona legislation that passed to the Governors desk today that if signed would correct issues in Arizona where in the past citizens have been charged with brandishing a weapon when they showed or "brandished" a gun in self defense but didn't go past showing the weapon because the thug stopped the attack at the first sight of the gun. If the bill passes it would only be legal in self defense against someone who is using or attempting to use either deadly physical force or unlawful physical force. She can be contacted at: 602-542-4331 or toll-free at: 800-253-0883.

    Sample text & e-mail or mailing address is available here.

    Bill details & full text of bill is available here.

    If someone is using deadly force aginst me they get to see my gun right before I pull the trigger. I don't think that would be brandishing at that point. Maybe I am not understanding the bill as you have described it.

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    Member Array SCGunGuy's Avatar
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    Quote Originally Posted by Vested View Post
    If someone is using deadly force aginst me they get to see my gun right before I pull the trigger. I don't think that would be brandishing at that point. Maybe I am not understanding the bill as you have described it.
    From reading a bit on the linked site, it appears that there is an interpretation of current AZ law that if you draw your weapon in order to frighten off a bad guy, and he responds wisely by ceasing his threatening actions, you could be charged with illegally brandishing a deadly weapon. This bill would apparently clarify that it is legal to draw when you are threatened.

    I did take issue with one thing on that site:
    HB 2629 (An AZCDL endorsed bill) if passed & signed into law would change that in Arizona giving law abiding citizens the option to display their weapon to an aggressor who is using or attempting to use unlawful or deadly force without having to shoot the aggressor.
    I have heard people say, but never in the context of a discussion of the law, that "if you draw you have to shoot" or "if you draw, someone is going to die." I always thought that was false bravado mixed with woeful ignorance.
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    Restricted Member Array SelfDefense's Avatar
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    Quote Originally Posted by SCGunGuy View Post
    From reading a bit on the linked site, it appears that there is an interpretation of current AZ law that if you draw your weapon in order to frighten off a bad guy, and he responds wisely by ceasing his threatening actions, you could be charged with illegally brandishing a deadly weapon. This bill would apparently clarify that it is legal to draw when you are threatened.
    There is a bit of confusion regarding HB2629. It is currently the case that you can display and/or draw your weapon in the face of deadly physical force. You can even point the muzzle at the bad guy and you are perfectly legal whether you shoot or not. Further, there is no law against brandishing. The law is aggravated assault.

    13-405. Justification; use of deadly physical force

    A person is justified in threatening or using deadly physical force against another:

    1. If such person would be justified in threatening or using physical force against the other under section 13-404, and

    2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.
    This bill is different in that it allows display of a firearm in the presence of the lower standard of physical force. You are prohibited from pointing the muzzle at the BG.

    The more I think about this the more I question it. If someone pushes you while you stand in line at the grocery store you can draw to low ready. I doubt whether any of us would choose that option but if this bill becomes law it will be perfectly legal.
    *
    I did take issue with one thing on that site:

    I have heard people say, but never in the context of a discussion of the law, that "if you draw you have to shoot" or "if you draw, someone is going to die." I always thought that was false bravado mixed with woeful ignorance.
    Take these web sites with a grain of salt. Most are the author's interpretation of the law. The bills and statutes are easily accessible and very understandable.

    www.azleg.com

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