AZ House OKs bill to expand grounds for using deadly force

[azdesertrhino]

Feb. 13, 2006


AZ House OKs bill to expand grounds for using deadly force
The Associated Press
PHOENIX - The House wants to have Arizona follow Florida's lead and enact a so-called "castle doctrine" law that permits use of deadly force against an intruder who illegally enters a home or vehicle - not necessarily just when force is believed to be necessary to protect someone from physical force.

Besides expanding the legal justification for using deadly force, the legislation backed by the National Rifle Association would state a person has no duty to back away before threatening or using force.

The House's 36-21 vote on Monday sent the bill (HB2392) to the Senate, where similar legislation is pending.

The proposed expanded authorization would not apply to confrontations involving relatives, law enforcement officers or people with a legal right to be in the home or other place where the confrontation occurred.

Florida last year enacted an NRA-backed law to loosen restrictions on the use of deadly force, and Wyoming, Kansas, South Dakota and Michigan are among other states considering similar legislation this year.

[jeepsonly]

It's too bad common sense can't rule. If someone is in my house, has a gun pointed at me while approaching, I'm not going to retreat before threatening and then possibly using deadly force. While you're scrambling to get away to comply with some law...BOOM...you're dead. Simply put, bullets can outrun me. If I feel my life is in danger, I'll try and find cover and threaten force if possible but otherwise I'm gonna shoot. DUH. There shouldn't have to be a law to protect me in that situation. :rolleyes:

[TomHatch]

In AZ you don't have to retreat in your house. Your house is your castle in AZ. This law would further "Castle Doctirne" by permiting the "use of deadly force against an intruder who illegally enters a home or vehicle - not necessarily just when force is believed to be necessary to protect someone from physical force." I read lots of posts on this board that make it sound as if AZ does not have any bills derived from Castle Doctrine. In AZ, you don't have to retreat in your home. That is a Castle Doctrine principle.

[TomHatch]

Jim,

Where do you find all there write-ups, or do your write them? I like the idea of this law, but don't like the tone of the write-up.

[lancetkenyon]

In my CCW class, the "Use of Deadly Force" is justified in cases of 1st AND 2nd degree burglary. That means whether they have a gun or not! Also justified in the prevention of the commission of crimes including:homicide(1st and 2nd degree), kidnapping, sexual assault, manslaughter(good luck proving that one), and my biggest fear(I hope everyone uses this one!)sexual misconduct with a minor. You see someone doing this, SHOOT THEM!