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Question: My mom says that If I am outside and I am seen by a cop holding a pellet gun that he has the right to shoot me. I argue that he cannot shoot me unless I shoot him. Who is right? I mean im not gonna go carrying in plain sight down the street.

Answer: According to ARS 13-410(c), an officer has the right to use deadly force if he/she  believes a "person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay."  If you are walking around holding any type of weapon and an officer believes that you will use it to seriously hurt another person immediately, then he/she has a right to use deadly force.

1 thru 5 of 9 comments
On 03/19/08
chris from AZ said:
it doesn't matter what kind of gun it is. at a distance, a Glock can look the same as a pellet gun. sure, you know you're holding a pellet gun but the officer sure doesn't! just to be on the safe side, don't hold ANY gun or resemblance of one in a way that makes it look like you're ready to fire. bb guns can be conealed legally (i think) or you can thread a string/belt thru the holster and sling it over your shoulder or wear it on your side. it's always better safe than sorry. justified or not, if someone kills you, you're still dead.
On 03/06/08
Alec from AZ said:
In the State of Arizona an officer of the law must request you drop the firearm. Until then arms can not be drawn until further actions
On 01/15/08
anna from AL said:
i know a lot of people who have airsoft guns. so dosnt the officer have to say put the gun down before he uses force?
On 12/06/07
cody from MD said:
I to have an airsoft gun with an orange tip. If an officer sees you with a gun and thinks that you are endangering someone, than he has the right to use deadly force.
On 11/15/07
Steve from MA said:
Without an orange tip, many airsoft guns look very realistic unless you are taking a close look at it (and this is comnig from somebody who's been an avid shooter since he was 3 years old). A cop doesn't know whether its real or fake, but when it appears to be a real gun, it only makes sense to treat it as a real gun. When it appears someone is pointing a gun at you, I percieve that as a threat. If a cop sees you with an airsoft gun, he probably won't shoot if you're just holding it, but put it down and don't get any ideas thinking it would be a funny joke to point it at the cop.
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