The Arizona Legislature has passed a bill to allow for the use of deadly force against trespassers. It is not likely to survive a veto by Arizona’s governor. It’s probably just as well. Implementation would open up a whole new can of worms. Here is the legislation.
https://www.yahoo.com/news/pro-life-gop-passes-bill-195312257.html
Be it enacted by the Legislature of the State of Arizona:
State of Arizona
2 Section 1. Section 13-407, Arizona Revised Statutes, is amended to
3 read:
4 13-407. Justification; use of physical force in defense of
5 premises; definition
6 A. A person or his agent in lawful possession or control of
7 premises is justified in threatening to use deadly physical force or in
8 threatening or using physical force against another when and to the extent
9 that a reasonable person would believe it immediately necessary to prevent
10 or terminate the commission or attempted commission of a criminal trespass
11 by the other person in or upon ON the premises.
12 B. A person may use deadly physical force under subsection A only
13 in the defense of himself or third persons as described in sections 13-405
14 and 13-406.
15 C. In FOR THE PURPOSES OF this section, “premises” means any real
16 property and OR any structure, movable or immovable, permanent or
17 temporary, adapted for both EITHER human residence and OR lodging whether
18 occupied or not.
House of Representatives
Fifty-sixth Legislature
Second Regular Session
2024
As it stands, the law would allow ranchers to shoot wetbacks crossing their land. This would seem to codify actions that were once common, by way of custom and tradition. Killing wets in the back country was once a popular pastime. But it was an impromptu thing. Under state sanction there is likely to be oversight and rules. I can see problems. Several spring to mind.
Does the law cover just homeowners? Can anybody hunt with landowner permission? Can landowners offer hunting leases, much like deer leases? Does a hunter need a license? Are there restrictions? Are hunters restricted to a limited number of bucks and does? Is it a violation to hunt over a baited field, such as water stations or free food stamps? I could go on, but you get the idea.
Don’t get me wrong. I’m all for shooting some trespassers. Just not all trespassers. A wetback crossing ranchland attempting to avoid a confrontation is a different animal than the one the boldly approaches a residence or its occupants with no intention of avoiding the inevitable confrontation. Keep in mind that on the border, the nearest law enforcement officer may be one hundred miles away.
One thing is for sure. Legislative bodies are not a refuge for the best and brightest.
Perhaps William F Buckley said it best.
