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Old September 18, 2009, 07:30 PM   #39
zonamo
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Join Date: December 1, 2004
Location: The Old Pueblo
Posts: 59
Quote:
Originally Posted by OldMarksman
Occasionally, one will encounter a law that has different application on one's own property than elsewhere.
That is the case in Arizona. While the changes to the law on conclealed carry are welcome, they don't affect the law regarding defense of premises. Threatening, even with deadly force is justified against trespass out here. Actually using deadly force is another matter.

ARS 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.
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