Retreat? Hell, We Just Got Here. During the first hour of SOTG Radio this week we’ll discuss the push for “Criminal Protection Acts” in two separate states and ponder just whom it is that these politicians are concerned with; the citizen or the felon?
Paul discusses aftermarket triggers for the AR-15 and an XS Good Guy wants to know about CCW insurance.
You are a beginner once, a student for life.
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Professor Paul Markel
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I enjoyed the episode, I just want to make sure the people understand,
“Stand your Ground” and the “Castle Doctrine” are different things in
most states. I know you are making a grand statement but Stand your
ground would not apply to someone breaking into your house….
For us in Arizona Stand Your Ground is outside your house per say…
Arizona revised statutes § 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.
B. There is no duty to retreat before threatening or using physical
force or deadly physical force justified by subsection A of this
section.
C. A person is presumed to be acting reasonably for the purposes of
this section if the person is acting to prevent what the person
reasonably believes is the imminent or actual commission of any of the
offenses listed in subsection A of this section.
D. This section includes the use or threatened use of physical force
or deadly physical force in a person’s home, residence, place of
business, land the person owns or leases, conveyance of any kind, or
any other place in this state where a person has a right to be.
Castle Doctrine is for in your residence or vehicle.
Arizona revised statutes § 13-418.
Justification; use of force in defense of residential structure or
occupied vehicles; definitions
A. Notwithstanding any other provision of this chapter, a person is
justified in threatening to use or using physical force or deadly
physical force against another person if the person reasonably
believes himself or another person to be in imminent peril of death or
serious physical injury and the person against whom the physical force
or deadly physical force is threatened or used was in the process of
unlawfully or forcefully entering, or had unlawfully or forcefully
entered, a residential structure or occupied vehicle, or had removed
or was attempting to remove another person against the other person’s
will from the residential structure or occupied vehicle.
B. A person has no duty to retreat before threatening or using
physical force or deadly physical force pursuant to this section.
C. For the purposes of this section:
1. “Residential structure” has the same meaning prescribed in section
13-1501.
2. “Vehicle” means a conveyance of any kind, whether or not motorized,
that is designed to transport persons or property.