AZ RAJI3d 4.21 − Justification: Defensive Display of a Firearm

AZ RAJI3d 4.21 − Justification: Defensive Display of a Firearm

State: Arizona

 

Revised Arizona Jury Instruction (RAJI 3d)

AZ RAJI3d 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. [The user is directed to the Prefatory Use Note regarding the applicability of this paragraph.]

By | 2013-01-14T11:14:54+00:00 January 14th, 2013|Comments Off on AZ RAJI3d 4.21 − Justification: Defensive Display of a Firearm