follow up to "threat of being disarmed" [Archive] - Glock Talk


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04-14-2012, 00:40
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?

Mas Ayoob
04-14-2012, 06:26
Answered here, I think:

More straight-up self-defense issue than castle doctrine, per se.