Can point gun and not be arrested

By Howard Fischer
Capitol Media Services
Published/Last Modified on Tuesday, March 18, 2008 3:06 PM MDT


PHOENIX — Individuals who feel threatened could unholster their guns — and even point them at someone else — without running afoul of the law under the terms of a measure given preliminary House approval Monday.


 Rep. Russell Pearce, R-Mesa, said the legislation is designed to keep those who are simply seeking to defend themselves from ending up being charged with a crime themselves.

 “I’m just trying to protect the good guys,’’ he said.

 But Rep. Steve Gallardo, D-Phoenix, said some new provisions which Pearce added to the bill actually do more than that.

 He said the original measure said anyone who actually points a gun at someone else is not entitled to the legal shield.

 In fact, Gallardo said, HB 2629 even would allow someone to fire a gun at another person.

 He said all that does is take what could have remained a nonviolent squabble and potentially turn it into a fatal shooting.

 Current law already spells out that individuals can use deadly physical force when a reasonable person would believe it is “immediately necessary to protect himself against the other’s use or attempted use of unlawful deadly physical force.’’ State statutes also permit use of that force to protect a third person or prevent arson of an occupied structure.

 Other laws spell out exactly when someone can threaten to use — but not actually use — deadly physical force, such as trying to get someone off your property

 Pearce said HB 2629 is aimed at situations where people feel intimidated and want to warn off another before it gets into a life-threatening situation by showing they are armed.

 “It’s only for the purpose of averting violence against yourself when you feel threatened and intimidated,’’ he said. Pearce said the legislation is narrowly crafted, allowing the “defensive display’’ of a firearm only when a reasonable person would believe that he or she needs to show the gun to prevent the other person from using physical or deadly force.

 But Gallardo said this new language goes beyond a person simply displaying a weapon.

 As originally crafted, the measure would not have allowed someone to either point a gun at another person or fire the weapon. As approved Monday by the House, however, it permits both if “otherwise justified.’’

 Pearce said that doesn’t change anything in existing law. But Gallardo said this goes beyond current statutes which allow those who have a weapon pointed at them to fire back.

 “The biggest concern is the possibility of escalating something that, for the most part, would just be a little shove o fistfight,’’ he said, turning into “a gun battle.’’

 Pearce, however, said only those people who have no intent of harming someone else would fall under the protection of the law.

 The measure also has drawn opposition from the state Department

 of Public Safety.

 At a committee hearing last month, DPS Lt. Bob Ticer said he

 fears that allowing people to flash a weapon could exacerbate the

 already existing problems in Arizona of “road rage’’ from verbal

 disputes to shootings.

 The measure requires a final roll-call vote before going to the

 Senate.

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