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Self-Defense, Depublication, and Uncertainty

In Arizona, felons who haven’t had their rights restored can’t possess firearms. It’s a class 4 felony, and because alleged offenders are obviously likely to have at least one historical prior felony conviction, defendants charged with misconduct involving weapons under the prohibited possessor subsection usually face a pretty significant mandatory prison term. What if they possess the firearm in self-defense though? The self-defense statute justifies “threatening or using physical force against another.” It doesn’t necessarily justify possessing a firearm if you’re a prohibited possessor. Another statute justifies the defensive display of a firearm, again not specifically allowing a prohibited possessor to possess a firearm, and the statute governing the use of force in defense of a residential structure or occupied vehicle and the statute governing the use … Read entire article »

Filed under: Arizona Cases, Arizona Statutes, Procedural Rules

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