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Old May 23, 2013, 11:53 PM   #76
armoredman
Senior Member
 
Join Date: May 22, 2007
Location: Arizona
Posts: 5,299
Hmmm

Quote:
Originally Posted by OldMarksman
A reasonable belief that physical force is necessary is a prerequisite, and the law does not mention drawing a firearm.
Quote:
2. Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another's use or attempted use of unlawful physical force or deadly physical force.
I would hazard a guess that exposing it might mean holding it in your hand. When AZCDL helped push this one, it was meant to cover things like going to the low ready. Perhaps we should ask for a clarification to the law, but the legal opinions I've been "exposed" to said it covers unholstering.
Also, you juxtaposed two different things - physical force, and deadly physical force.
Quote:
Originally Posted by OldMarksman
A reasonable belief that physical force is necessary is a prerequisite, and the law does not mention drawing a firearm.

There are a couple of states that permit the actual presentation of a weapon under certain circumstances in which deadly force is not immediately necessary.
If you don't mind, the AZ definitions, since we strayed off into this territory;
http://www.azleg.gov/FormatDocument....13&DocType=ARS
Quote:
...14. "Deadly physical force" means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.
...while physical force;
Quote:
32. "Physical force" means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force.
...and the law says,
Quote:
A. The defensive display of a firearm by a person against another is justified when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the use or attempted use of unlawful physical force or deadly physical force.
So, using the AZ definitions, this law makes this state one of the ones you mention - it gives the right to display a weapon when there is no threat of DEADLY physical force, but it does require a threat of PHYSICAL force. I don't know if it's been tested in court yet - it's still new.
But, I've digressed, apologies to the OP, this thread wasn't just about one state. Hopefully the info was useful.
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