114 / SB 1243 / §13-421 / Defensive display of firearms protection
"Defensive display of a firearm" means: 1 - Verbally telling someone that you have a firearm or can get one; 2 - Exposing or displaying a gun in a way that a reasonable person would understand means you can protect yourself against illegal physical or deadly physical force; and 3 - Placing your hand on a firearm while it is in your pocket, purse or other means of containment or transport.
Defensive display is justified when and to the extent a reasonable person would believe physical force is immediately necessary to protect yourself against another person's use or attempted use of unlawful physical or deadly physical force. A defensive display is not required before using or threatening physical force, in a situation where you would be justified in using or threatening physical force.
Defensive display is not justified if you intentionally provoke the other person, or if you use a firearm in the commission of a serious offense or violent crime (defined in §13-706 and §13-901.3).
This important new law clarifies that a proper defensive reach for or announcement of firearm possession is an acceptable element in the continuum of self defense, and should not be charged as a crime. Improper display of a firearm can be anything from a class 1 misdemeanor (e.g., disorderly conduct) to a class 3 felony (e.g., aggravated assault). It also helps balance out the problematic and arbitrary "threatening exhibition" of a gun allegation that prosecutors can make in charging a felony as a "dangerous offense" (§13-702 and 704). The threat of this extra charge can be used to coerce a plea agreement, and now this is balanced with a specified stipulation of proper display of a gun without firing at a potential assailant.
SB 1449 / Retroactive self defense (Harold Fish law)
In certain cases, "Laws 2006, chapter 199 applies retroactively... regardless of when the conduct underlying the charges occurred."
The state enacted amendments in 2006 to make it clear that, if a person claims self defense, the state must prove beyond a reasonable doubt that the defendant acted without justification (the appropriate "innocent until proven guilty" standard). One of the laws amended, which had been quietly slipped in by prosecutors without review ten years earlier, forced a defendant to prove innocence, the exact opposite of what American laws should be (it made you guilty unless you could prove your innocence, a tyrannical standard). Part of these changes became known as the Castle Doctrine -- you can stand your ground if attacked, intruders in your home are a legally recognized threat, and self defense was to receive robust protection under the law.
The new rules were supposed to protect people in a predicament like Harold Fish, a school teacher with a clean record out hiking in May 2004. He was attacked by a homeless known troublemaker with violent dogs on a forest trail outside Payson. Mr. Fish, who survived by shooting his assailant three times in the chest at close range, was at first released in what appeared an obvious self defense, but was then attacked by the county attorney, in a trial that reeked of unfairness.
The legislature is here making it clear that people are entitled to the full protection of the law, and the public's safety will likely be enhanced with this small measure that serves notice on the powers that be. Other problems, like failure to fully inform juries, bad jury instructions, exclusion of exculpatory or illuminating evidence, exorbitant cost and inordinate timeframes, and other potholes in the criminal justice system remain to be fixed.
http://www.gunlaws.com/AGOG2009.htm