Isn’t ‘brandishing’ a firearm a crime in some places?
I guess you are just supposed to ‘whip it out’ and kill them with no warning....
Another filthy court.
More black-robed tyranny.
So, is she going to prison for two years, or is that what the court reversed?
So this is what they put in place:
Revised Arizona Jury Instruction (RAJI 4th)
AZ RAJI4th 4.21 − Justification: Defensive Display of a Firearm
The defendant is justified in defensively displaying a firearm if a reasonable person would have believed that physical force was immediately necessary to protect himself/herself against the [use] [attempted use] of unlawful [physical force] [deadly physical force].
The defendant was not justified in displaying a firearm if:
[The defendant intentionally provoked another person to [use] [attempt to use] unlawful physical force.]
[The defendant used a firearm during the commission of a (list serious offense from A.R.S. § 13-706) (list violent crime from A.R.S. § 13-901.03)].
“Defensive display of a firearm” includes:
Verbally informing another person that the person possesses or has available a firearm.
Exposing or displaying a firearm in a manner that a reasonable person would understand was meant to protect the person against another’s use or attempted use of unlawful physical force or deadly physical force.
Placing the person’s hand on a firearm while the firearm is contained in a pocket, purse or other means of containment or transport. [The defendant was not required to defensively display a firearm before using physical force or threatening physical force that was otherwise justified.]
The State has the burden of proving beyond a reasonable doubt that the defendant did not defensively display a firearm. If the State fails to carry this burden, then you must find the defendant not guilty of the charge.
At the trial, the judge mistakenly ruled that merely displaying a gun was the use of deadly force.
“At the trial, the judge mistakenly ruled that merely displaying a gun was the use of deadly force. That goes against common sense and several precedents.”
I would not describe that as a “mistake”. Maybe “ideology showing” but not “mistake”.
The most common use of a firearm, in defense of a home, is the racking of a round in a shotgun! It is the universally understood statement, “You are in the WRONG house!”
But, racking a shotgun is NOT deadly force, in any way, shape or form!
This initial ruling was nothing but a judge attempting to thwart the 2nd Amendment - like too many judges attempt!
Yep - saw one of the shows on TV where they have videos sent in....a guy was experiencing some road rage in a backed up traffic situation. As they were stopped, he got out of his car, grabbed a metal bar and headed back to the guy he was pissed at...the guy stepped out of his car, pulled his weapon and pointed it at the guy coming at him...he stopped, dropped the bar and returned to his car.
If the guy had waited a bit longer, he could have probably legally shot the guy as he was beating on the car and maybe trying to beat on him...much better and more humane to let the perp understand he may want to cease and desist.
Why isn’t showing a fire arm free speech?
Wow. Residents of Michigan can open carry a handgun without a CPL license if the gun is registered to their name.
Per that judge’s logic, is any open carry a use of deadly force? wtf