Wild West Update: AZ legalizes exhibiting firearm in response to threat of non-deadly force.

You may have heard of Arizona’s new gun law going into effect tomorrow that will make it legal for concealed weapons permit holders to carry guns into bars.  Well, the wild, wild west keeps getting wilder. A less publicized bill is also becoming law tomorrow that will legalize the exhibition or display of a firearm in response to the threat or use of non-deadly physical force.  This self-defense justification was previously only available if deadly physical force was being threatened or used.  Even though this new law seems to go against the common sense adage of most responsible gun owners that you don’t threaten someone with a weapon unless you intend to use it, as a defense attorney, I am glad to have a new justification defense available for my clients charged with gun crimes. Still, I can’t help being perplexed by the mixed messages that the citizens of Arizona are getting when it comes to the use of a firearm. The Maricopa County Attorney’s Office (MCAO) is running a gun crime awareness campaign that is getting a lot of air play these days. It warns about the severe consequences for the illegal use of a deadly weapon, and they aren’t kidding — the gun crime policies at MCAO are harsh and unforgiving. While the legislature is now telling you it’s okay to feel free and easy about flashing your Glock at that maniacal road rager to back him off, don’t be so sure that the people who investigate and charge the crimes (the police and the prosecutors) are going to give you the benefit of the doubt when it comes to applying this new defense. Even though the maniacal road rager threatened you first, in our hypothetical, once you flash your gun he is the one who is calling 911 to report  that there is a maniac on the road (you) who cut him off and pointed a gun at him. When the police pull you over and find you with a gun, do you think they are going to be sympathetic to your side of the story. Short answer: NO. You are getting charged with aggravated assault with a deadly weapon, a dangerous felony offense which carries  mandatory prison time. The good news is, the legislature told you that what you did was not illegal. The bad news is, that’s known as a “defense” and the prosecutor doesn’t care what your defense is, at least until he or she has been bludgeoned with it by an aggressive trial attorney, and that is exactly what you are going to need.  Hopefully, you will never find yourself in this unfortunate position. If you do, call my office for a free, confidential consultation.

John Vigileos

Attorney at Law

(602) 443-0415