Arizona Bill Bans De-facto Registration
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Thread: Arizona Bill Bans De-facto Registration

  1. #1
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    Arizona Bill Bans De-facto Registration

    Some Arizona Counties (particularly Mohave County) were recording information on guns and gun owners when the guns were temporarily stored as a condition for entering the premises. Arizona HB2629 was signed by Governor Brewer on May 11. This bill prevents this practice of de-facto registration. It also clearly eliminates the need to "retreat" when faced by a dangerous threat. Here's some info on the bill:

    HB 2629 is a great example of how a few activists can make a big difference. It resulted from Mohave County being overly broad in interpreting the law requiring the storage of firearms when entering public (i.e., government) buildings. It seems a lot of extra record keeping was in place, in effect registering gun owners and their firearms. Fortunately the process was videotaped by concerned citizens and shared with AzCDL and the legislature.

    A House bill (HB 2629) was reconstituted by a "strike everything" amendment to address the issue. The new law prohibits a political subdivision from requiring or maintaining any permanent or temporary records related to the storage of firearms that contain descriptions (serial numbers, etc.) of firearms or their owners. The text of HB 2629 can be found here:

    http://www.azleg.gov/legtext/49leg/2r/bills/hb2629s.pdf

    Included in HB 2629 is language that clarifies that "A person has no duty to retreat before threatening or using deadly physical force…if the person is in a place where the person may legally be and is not engaged in an unlawful act."

    The effective date of HB 2629 is July 29, 2010.
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    Glad to see people taking action and following up. Great Story!

    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

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    Way to go AZ! Add another state with a Castle Doctrine to the list...
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    Quote Originally Posted by Red Hat View Post
    Way to go AZ! Add another state with a Castle Doctrine to the list...
    You may be missing the point. Arizona has had Castle Doctrine since 2006. However Castle Doctrine only applies to your dwelling or means of transportation. This is derived from the concept that "A man's home is his castle". This new law applies anyplace that you're legally allowed to be. If you're threatened with what you perceive as a a seriously dangerous threat ANYWHERE you have no requirement to retreat and can threaten or use lethal force. This basically extends your Castle Doctrine protection anywhere you are in Arizona.
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    Quote Originally Posted by gvaldeg1 View Post
    You may be missing the point. Arizona has had Castle Doctrine since 2006. However Castle Doctrine only applies to your dwelling or means of transportation. This is derived from the concept that "A man's home is his castle". This new law applies anyplace that you're legally allowed to be. If you're threatened with what you perceive as a a seriously dangerous threat ANYWHERE you have no requirement to retreat and can threaten or use lethal force. This basically extends your Castle Doctrine protection anywhere you are in Arizona.
    Sound like it's the same as Florida's Stand Your Ground Law. Glad to hear it passed.
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    Quote Originally Posted by gvaldeg1 View Post
    You may be missing the point. Arizona has had Castle Doctrine since 2006. However Castle Doctrine only applies to your dwelling or means of transportation. This is derived from the concept that "A man's home is his castle". This new law applies anyplace that you're legally allowed to be. If you're threatened with what you perceive as a a seriously dangerous threat ANYWHERE you have no requirement to retreat and can threaten or use lethal force. This basically extends your Castle Doctrine protection anywhere you are in Arizona.
    So basically AZ didn't have a true Castle Doctrine until this was signed into law. Our CD does cover 'where your are legally allowed to be' like most other states CD.
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    I'm beginning to really like our Governor!
    Jan Brewer rocks!
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    Quote Originally Posted by Red Hat View Post
    So basically AZ didn't have a true Castle Doctrine until this was signed into law. Our CD does cover 'where your are legally allowed to be' like most other states CD.
    No, it had Castle Doctrine. It come's from the concept that your home is your castle and you have the right to defend it. It extends to vehicles and other buildings on your property, if your in them at the time, depending on your state.

    This means that someone doesn't have to retreat ANYWHERE they have a right to be and are not committing a crime, if faced with deadly force.

    Another important distinction between the two can be that, in public, the proof your deadly force was justified is on you. Castle Doctrine, usually, the burden of proof is on the prosecutor, which is seldom taken on.

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    I'm going to make it easy on everyone and post the operative section of the Bill so that nobody even has to look in the Bill to read it. It says:

    B. A PERSON HAS NO DUTY TO RETREAT BEFORE THREATENING OR USING DEADLY
    PHYSICAL FORCE PURSUANT TO THIS SECTION IF THE PERSON IS IN A PLACE WHERE THE
    PERSON MAY LEGALLY BE AND IS NOT ENGAGED IN AN UNLAWFUL ACT.

    I think that this is very simple and concise. If you think that this shifts the burden of proof away from the prosecution; I don't think so but, you're entitled to your opinion. I have been pushing to get this signed. I also agree with "Kudos" to Gov. Jan Brewer.
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    Quote Originally Posted by gvaldeg1 View Post
    I'm going to make it easy on everyone and post the operative section of the Bill so that nobody even has to look in the Bill to read it. It says:

    B. A PERSON HAS NO DUTY TO RETREAT BEFORE THREATENING OR USING DEADLY
    PHYSICAL FORCE PURSUANT TO THIS SECTION IF THE PERSON IS IN A PLACE WHERE THE
    PERSON MAY LEGALLY BE AND IS NOT ENGAGED IN AN UNLAWFUL ACT.

    I think that this is very simple and concise. If you think that this shifts the burden of proof away from the prosecution; I don't think so but, you're entitled to your opinion. I have been pushing to get this signed. I also agree with "Kudos" to Gov. Jan Brewer.
    Well no where in that text does it determine either way. Reading just the law isn't enough, you have to study case law as well. Look up case law that involved self defense shootings and see how they played out. A lot of factors play into it, I know Kentucky law because it's where I live, I'm no expert on Arizona law.

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