October 29, 2021, 11:28 PM
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#133
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Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 19,051
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Quote:
Originally Posted by Mainah
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In My concealed carry cert class,they told us there are two types of people that can be shot in the act. Rapists and arsonists
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That's some damn nonsense.
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That depends on the law of the state in which the class was given.
Arizona:
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13-411. Justification; use of force in crime prevention; applicability
A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.
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New York: https://lawofselfdefense.com/jury-in...prevent-arson/
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With respect to count(s) (specify count(s) and name(s) of crime(s) ), one of the elements that the People must prove beyond a reasonable doubt is that the defendant was not justified. The defendant is not required to prove that he/she was justified; the People must prove that he/she was not.
I will now explain when, under our law, a person is justified in using deadly physical force to prevent or terminate arson or an attempted arson.
Under our law, any person may use deadly physical force upon another individual when he or she reasonably believes it to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission of arson by such individual.
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