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follow up to "threat of being disarmed"

Discussion in 'GATE Self-Defense Forum' started by G21MAN, Apr 14, 2012.

  1. G21MAN

    G21MAN

    222
    1
    Jul 9, 2005
    Gilbert, AZ
    Hey Mas:

    Here in AZ, we have the castle doctrine. For my hypothetical scenario from yesterday, please consider the following excerpt from AZ law. 13-419. Presumptions; defense of a residential structure or occupied vehicle; exceptions; definitions

    A. A person is presumed to reasonably believe that the threat or use of physical force or deadly force is immediately necessary for the purposes of sections 13-404 through 13-408, section 13-418 and section 13-421 if the person knows or has reason to believe that the person against whom physical force or deadly force is threatened or used is unlawfully or forcefully entering or has unlawfully or forcefully entered and is present in the person's residential structure or occupied vehicle.

    With this in mind, could a person shoot if the invader approaches home owner while being taken at gunpoint. Again, if the criminal runs out of my house, I let him go. But if he approaches me with my gun on him, I would like to know that I could shoot rather than potentially being disarmed. Your thoughts on this?
     
  2. Mas Ayoob

    Mas Ayoob KoolAidAntidote Moderator

    4,683
    356
    Nov 6, 2005