ARIZONA STATE SENATE
Forty-ninth Legislature, First Regular Session
FACT SHEET FOR S.B. 1243
justification; defensive display of firearm
Purpose:
Justifies the defensive display of a
firearm under specific circumstances.
Background:
It is unlawful for a person to threaten or intimidate, by
word or conduct, to cause physical injury to another person, punishable as a
class 1 misdemeanor (A.R.S. § 13-1202). A person is justified in
threatening or using physical force against another when and to the extent a
reasonable person would believe that physical force is immediately necessary to
protect oneself against the use or attempted use of unlawful physical force.
Justification defenses describe conduct
that, if not justified, would constitute an offense but, if justified, does not
constitute criminal or wrongful conduct. Arizona law codifies many of
these justification defenses, including self-defense, defense of others or
property, threatening or use of force in crime prevention and duress (A.R.S.
Title 13, Chapter 4). Justification defenses are not affirmative defenses
and a defendant must prove any affirmative defense by a preponderance of the
evidence. If evidence of justification is presented by the defendant, the
state must prove beyond a reasonable doubt that the defendant did not act with
justification (A.R.S. § 13-205).
A.R.S. § 13-706 classifies the following
offenses as a serious offense: 1) first degree murder; 2) second degree murder;
3) manslaughter; 4) aggravated assault resulting in serious physical injury or
involving the discharge, use or threatening exhibition of a deadly weapon or
dangerous instrument; 5) sexual assault; 6) any dangerous crime against
children; 7) arson of an occupied structure; 8) armed robbery; 9) burglary in
the first degree; 10) kidnapping; and 11) sexual conduct with a minor under 15
years of age. A violent crime is classified as any criminal act that
results in death or physical injury or any criminal use of a deadly weapon or
dangerous instrument (A.R.S. § 13-901.03).
A.R.S. § 13-105 defines firearm as any loaded
or unloaded handgun, pistol, revolver, rifle, shotgun or other weapon that will
expel, is designed to expel or may readily be converted to expel a projectile
by the action of an explosive. Firearm does not include a firearm in
permanently inoperable condition.
In 2008, former Governor Janet Napolitano vetoed H.B.
2629 relating to the defensive display of a firearm. The
Governor states in her veto message that H.B. 2629 is a dangerous escalation
that would put the public’s safety and law enforcement at risk by creating the
ability to display, take hold of and expose a firearm during a verbal dispute.
The Governor also indicated that H.B. 2629 is largely unnecessary because
current justification laws allow, with some exceptions, a person to display a
firearm against another person if a reasonable person in his circumstance would
believe he is under the threat of deadly physical force.
There is no anticipated fiscal impact to the state General
Fund associated with this legislation.
Provisions:
1.
Justifies the defensive display of
a firearm by a person against another, when and to the extent a reasonable
person would believe that physical force is immediately necessary to protect
himself against use or attempted use of unlawful physical or deadly force
unless the person does any of the following:
a)
intentionally provokes another
person to use or attempt to use unlawful physical force.
b)
uses a firearm during the commission
of a serious offense or violent crime.
2.
Specifies that there is no
requirement for the defensive display of a firearm before the use of physical
force or threatened use of physical force by a person who is otherwise
justified in the use or threatened use of physical force.
3.
Defines defensive display of a
firearm as:
a)
verbally informing another person
that the person possesses or has available a firearm.
b)
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 or deadly physical
force.
c)
placing the person’s hand on a
firearm while the firearm is contained in a holster, pocket, purse or other
means of containment or transport.
4.
Becomes effective on the general
effective date.
Prepared
by Senate Research
June
4, 2009
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