Draft Legislation
Arizona protects you at trial. It does nothing to protect you from the trial.
Under A.R.S. § 13-205, if you defend yourself and the case goes to trial, the state has to prove beyond a reasonable doubt that you were not justified. You only have to produce the "slightest evidence" of justification to trigger it.
That is a genuinely good law. It is also only a trial protection.
Nothing in Arizona law prevents any of this from happening first, to someone who did nothing wrong:
And then — a verdict finding you were justified all along.
You were right the entire time. The process was the punishment.
Florida amended § 776.032 in 2017 to add subsection (4). Kansas, Kentucky, Oklahoma and South Carolina have their own versions.
They all provide a pretrial immunity hearing. The defendant makes a prima facie showing of justification, and the burden then shifts to the state, which must prove by clear and convincing evidence that the force was not justified — before trial. If the state cannot carry that burden, the charges are dismissed with prejudice.
Arizona has no such procedure. Not a weaker version. None.
| Arizona today | Under this draft | |
|---|---|---|
| When justification is decided | At trial, after everything else | At a pretrial hearing |
| Who carries the burden | The state, at trial | The state, at the hearing |
| Standard at that stage | Beyond a reasonable doubt (trial) | Clear and convincing (hearing) |
| If the state can't meet it | Acquittal, after the full cost | Dismissed with prejudice, before it |
| Costs recovered | Nothing | Fees, costs, lost income |
Every serious objection to a bill like this is about who might abuse it. So the carve-outs are written into the text:
This is not a shield for people who went looking for a fight. It is a hearing for people who did what the law already says they were entitled to do.
This is a concept draft, not introduced legislation. Section numbering, drafting conventions and cross-references need to be verified against the current Arizona Revised Statutes and reviewed by Legislative Council or an attorney before it could be filed. It is written as new § 13-420, the next open section in Title 13, Chapter 4, as of this draft.
AMENDING TITLE 13, CHAPTER 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-420; RELATING TO JUSTIFICATION.
Be it enacted by the Legislature of the State of Arizona:
The legislature finds that a person who lawfully acts in self-defense, defense of a third person, defense of premises, or crime prevention under chapter 4 of this title should not be forced to bear the full expense, disruption, and risk of a criminal trial or civil lawsuit before that justification can be determined. The purpose of this act is to establish a pretrial procedure, in addition to the rights already provided under sections 13-205, 13-404, 13-405, 13-406, 13-407, 13-408, 13-411, 13-413, 13-418 and 13-419 of this title, by which a court may resolve a properly supported claim of justification before trial.
13-420. Justification; pretrial immunity from criminal prosecution and civil action; motion to dismiss; burden of proof
A. A person who threatens or uses physical force or deadly physical force as justified under section 13-404, 13-405, 13-406, 13-407, 13-408, 13-411, 13-418 or 13-419 is immune from criminal prosecution and civil action for the threatened or actual use of that force, except as provided in subsection G of this section.
B. As used in this section, "criminal prosecution" includes arresting, detaining in custody, charging and prosecuting the defendant.
C. A defendant may move the court, before trial, to dismiss the charges on the ground that the defendant is immune from prosecution under subsection A. The filing of the motion, together with any evidence — including the defendant's own affidavit, testimony or other evidence — that the defendant's threatened or actual use of force was justified under chapter 4 of this title, constitutes a prima facie claim of immunity.
D. On the filing of a prima facie claim under subsection C, the court shall hold a pretrial evidentiary hearing. At the hearing, the burden shifts to the state, which must prove by clear and convincing evidence that the defendant's threatened or actual use of force was not justified in order to overcome the defendant's immunity under subsection A. The Arizona rules of evidence apply to the hearing.
E. If the state does not meet its burden under subsection D, the court shall grant the motion, dismiss the charges with prejudice, and enter a written finding that the defendant is immune from criminal prosecution and civil action for the conduct at issue. If the state meets its burden, the case proceeds to trial in the ordinary course, and this section does not affect the burden of proof at trial under section 13-205.
F. An order denying a motion under this section is subject to immediate review by special action under the Arizona rules of procedure for special actions, and trial court proceedings are stayed pending that review unless the reviewing court orders otherwise.
G. This section does not apply to a person who:
1. Was attempting to commit, committing or fleeing after the commission of a serious offense as defined in section 13-706; or
2. Initially provoked the use or threatened use of force against himself or herself, except as and to the extent provided in section 13-404, subsection B; or
3. Used or threatened to use force against a law enforcement officer who the person knew, or reasonably should have known, was a law enforcement officer acting within the scope of the officer's official duties.
H. A defendant who obtains a dismissal under subsection E, or who otherwise prevails on a claim of immunity under this section in a civil action, is entitled to recover reasonable attorney fees, court costs, compensation for loss of income and all other reasonable expenses incurred in the defendant's defense from the party bringing the criminal charge or civil action, consistent with section 13-413.
I. This section does not repeal, replace or limit any defense, presumption or immunity available under this chapter. It establishes an additional pretrial procedure only.
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Writing a bill is the easy part. Getting one carried is not.
Every criminal justice bill in Arizona moves through the House Judiciary Committee. Across the six sessions covering 2021 through 2026 — roughly 350 measures sponsored or co-sponsored by that committee's chairman, Rep. Quang Nguyen — there are firearms tax exemptions, campus carry, merchant category codes, firearm storage devices and concealed carry permits.
There is nothing that protects a law-abiding Arizonan from being financially destroyed by a prosecution they will eventually win.
Being pro-gun is not only about buying the firearm. It is about what happens to you the day after you have to use one.