Utah Concealed Firearms & Training

UTAH 2019 LEGISLATIVE ACTION – RELEASE 6

 

HB0087S1 — Safe Storage of Firearms Amendments 130114152903-abc-schoolhouse-rock-just-a-bill-story-top
STATUS: 2/25 House Rules Committee • NOT LIFTED FROM TABLE – MOST LIKELY TO FAIL IN COMMITTEE

• Makes it a criminal offense to store a firearm in a place that the firearm owner knows or has reason to believe a minor or person legally restricted from possessing a firearm has access;
• Requires a firearm dealer to post written notice of possible prosecution for negligent storage of a firearm and provides a penalty for failure to post the notice

HB0094 — Weapons Restrictions Amendments
STATUS: 2/28 •  PASSED HOUSE – PASSED SENATE JUDICIARY, LAW ENFORCEMENT, AND CRIMINAL JUSTICE COMMITTEE – JUST NEEDS TO PASS SENATE VOTE. LIKELY TO PASS

• This bill changes and clarifies the prohibitions for carrying a dangerous weapon by an intoxicated individual.

HB0190S01 — Liability of Firearm Custodian

STATUS: 2/20 House Law Enforcement and Criminal Justice Committee • HELD STATUS FOR FURTHER REVIEW • NO CHANGE SINCE 2/20 • BILL APPEARS TO BE STALLED AND UNLIKELY TO MOVE FORWARD

• This bill addresses liability for the discharge of a firearm custodian’s firearm.

HB0209 — Extreme Risk Protective Order
STATUS: 2/4 House Rules Committee • NO CHANGE SINCE 2/4 • BILL APPEARS TO BE STALLED AND UNLIKELY TO MOVE FORWARD

• This bill creates the Extreme Risk Protective Order Act

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. No real due process before confiscation.

HB0217 — Open Carry Near Schools Amendment
STATUS: 3/5 House Law Enforcement and Criminal Justice Committee • NOT CONSIDERED IN HOUSE COMMITTEE • BILL APPEARS TO BE STALLED AND UNLIKELY TO MOVE FORWARD

• This bill prohibits carrying a dangerous weapon within 500 feet of an elementary or secondary school.

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. Will turn law abiding citizens into criminals.

HB0331 — PROHIBITION ON FIREARM MODIFICATION DEVICES
STATUS: 2/21 House Law Enforcement and Criminal Justice Committee • INTERESTED TO SEE IF THIS EVEN MAKES IT OUT OF COMMITTEE • BILL APPEARS TO BE STALLED AND UNLIKELY TO MOVE FORWARD

• This bill prohibits buying, selling, or possessing a device that modifies a semiautomatic firearm.

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. WHO DETERMINES WHAT IS AND IS NOT A MODIFICATION? 

HB0418 — UNIVERSAL BACKGROUND CHECKS FOR FIREARM PURCHASERS

STATUS: 2/27 — House Rules Committee

• Requires background checks for the transfer of a firearm between persons who are not federal firearms licensees; creates exceptions for family members, law enforcement agencies and officers, and others; allows for temporary transfers under specific circumstances; and sets penalties.

Bills that have been requested by our representatives and titled but have not been submitted for process.

Bills we will not updated until end of session.  Does not effect your rights but is administrative in nature.

UTAH 2019 LEGISLATIVE ACTION – RELEASE 5

 

HB0087 — Safe Storage of Firearms Amendments 130114152903-abc-schoolhouse-rock-just-a-bill-story-top
STATUS: 2/25 House Law Enforcement and Criminal Justice Committee • TABLED

• Makes it a criminal offense to store a firearm in a place that the firearm owner knows or has reason to believe a minor or person legally restricted from possessing a firearm has access;
• Requires a firearm dealer to post written notice of possible prosecution for negligent storage of a firearm and provides a penalty for failure to post the notice

HB0094 — Weapons Restrictions Amendments
STATUS: 2/25 •  PASSED HOUSE MOVING TO SENATE RILES COMM.

• This bill changes and clarifies the prohibitions for carrying a dangerous weapon by an intoxicated individual.

HB0190S01 — Liability of Firearm Custodian

STATUS: 2/20 House Law Enforcement and Criminal Justice Committee • HELD STATUS FOR FURTHER REVIEW

• This bill addresses liability for the discharge of a firearm custodian’s firearm.

HB0209 — Extreme Risk Protective Order
STATUS: 2/4 House Rules Committee • NO CHANGE SINCE 2/4

• This bill creates the Extreme Risk Protective Order Act

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. No real due process before confiscation.

HB0217 — Open Carry Near Schools Amendment
STATUS: 2/21 House Law Enforcement and Criminal Justice Committee • SLOW TO GET STARTED (GOOD THING)

• This bill prohibits carrying a dangerous weapon within 500 feet of an elementary or secondary school.

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. Will turn law abiding citizens into criminals.

HB0331 — PROHIBITION ON FIREARM MODIFICATION DEVICES
STATUS: 2/21 House Law Enforcement and Criminal Justice Committee • INTERESTED TO SEE IF THIS EVEN MAKES IT OUT OF COMMITTEE.

• This bill prohibits buying, selling, or possessing a device that modifies a semiautomatic firearm.

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. WHO DETERMINES WHAT IS AND IS NOT A MODIFICATION? 

Bills that have been requested by our representatives and titled but have not been submitted for process.

Bills we will not updated until end of session.  Does not effect your rights but is administrative in nature.

UTAH 2019 LEGISLATIVE ACTION – RELEASE 4

 

HB0087 — Safe Storage of Firearms Amendments 130114152903-abc-schoolhouse-rock-just-a-bill-story-top
STATUS: 2/11 House Law Enforcement and Criminal Justice Committee

• Makes it a criminal offense to store a firearm in a place that the firearm owner knows or has reason to believe a minor or person legally restricted from possessing a firearm has access;
• Requires a firearm dealer to post written notice of possible prosecution for negligent storage of a firearm and provides a penalty for failure to post the notice

HB0094 — Weapons Restrictions Amendments
STATUS: 2/13 House Law Enforcement and Criminal Justice Committee

• This bill changes and clarifies the prohibitions for carrying a dangerous weapon by an intoxicated individual.

HB0190 — Liability of Firearm Custodian

STATUS: 2/15 House Law Enforcement and Criminal Justice Committee

• This bill addresses liability for the discharge of a firearm custodian’s firearm.

HB0209 — Extreme Risk Protective Order
STATUS: 2/4 House Rules Committee

• This bill creates the Extreme Risk Protective Order Act

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. No real due process before confiscation.

HB0217 — Open Carry Near Schools Amendment
STATUS: 2/5 House Rules Committee

• This bill prohibits carrying a dangerous weapon within 500 feet of an elementary or secondary school.

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. Will turn law abiding citizens into criminals.

HB0331 — PROHIBITION ON FIREARM MODIFICATION DEVICES
STATUS: 2/13 House Rules Committee

• This bill prohibits buying, selling, or possessing a device that modifies a semiautomatic firearm.

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. WHO DETERMINES WHAT IS AND IS NOT A MODIFICATION? 

Bills that have been requested by our representatives and titled but have not been submitted for process.

Bills we will not updated until end of session.  Does not effect your rights but is administrative in nature.

UTAH 2019 LEGISLATIVE ACTION – RELEASE 3

 

HB0087 — Safe Storage of Firearms Amendments 130114152903-abc-schoolhouse-rock-just-a-bill-story-top
STATUS: House Rules Committee

• Makes it a criminal offense to store a firearm in a place that the firearm owner knows or has reason to believe a minor or person legally restricted from possessing a firearm has access;
• Requires a firearm dealer to post written notice of possible prosecution for negligent storage of a firearm and provides a penalty for failure to post the notice

HB0094 — Weapons Restrictions Amendments
STATUS: House Law Enforcement and Criminal Justice Committee

• This bill changes and clarifies the prohibitions for carrying a dangerous weapon by an intoxicated individual.

HB0190 — LIABILITY OF FIREARM CUSTODIAN
STATUS: House Rules Committee

• This bill addresses liability for the discharge of a firearm custodian’s firearm.

HB0209 — EXTREME RISK PROTECTIVE ORDER
STATUS: House Rules Committee

• This bill creates the Extreme Risk Protective Order Act

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. No real due process before confiscation.

HB0217 — OPEN CARRY NEAR SCHOOLS AMENDMENT
STATUS: House Rules Committee

• This bill prohibits carrying a dangerous weapon within 500 feet of an elementary or secondary school.

This bill draws us some serious concern and we believe it warrants action on the part of the citizens. Please contact your representative. Will turn law abiding citizens into criminals.

Bills that have been requested by our representatives and titled but have not been submitted for process.
Bills we will not updated until end of session.  Does not effect your rights but is administrative in nature.

UTAH 2019 LEGISLATIVE ACTION – RELEASE 2

HB0087 — Safe Storage of Firearms Amendments 
STATUS: House Rules Committee

• Makes it a criminal offense to store a firearm in a place that the firearm owner knows or has reason to believe a minor or person legally restricted from possessing a firearm has access;
• Requires a firearm dealer to post written notice of possible prosecution for negligent storage of a firearm and provides a penalty for failure to post the notice

130114152903-abc-schoolhouse-rock-just-a-bill-story-top

HB0094 — Weapons Restrictions Amendments 
STATUS: House Rules Committee

• This bill changes and clarifies the prohibitions for carrying a dangerous weapon by an intoxicated individual.

HB0190 — LIABILITY OF FIREARM CUSTODIAN
STATUS: House Rules Committee

• This bill addresses liability for the discharge of a firearm custodian’s firearm.

HB0217 — OPEN CARRY NEAR SCHOOLS AMENDMENTS
STATUS: House Rules Committee

• This bill prohibits carrying a dangerous weapon within 500 feet of an elementary or secondary school.

This bill draws us some serious concern and we believe it warrants action on the part of the citizens.
Please contact your representative.

 

Bills that have been requested by our representatives and titled but have not been submitted for process.
Bills we will not update until end of session.  Does not effect your rights but is administrative in nature.

UTAH 2019 LEGISLATIVE ACTION – RELEASE 1

HB0087 — Safe Storage of Firearms Amendments 
STATUS: Awaiting start of session

• Makes it a criminal offense to store a firearm in a place that the firearm owner knows or has reason to believe a minor or person legally restricted from possessing a firearm has access;
• Requires a firearm dealer to post written notice of possible prosecution for negligent storage of a firearm and provides a penalty for failure to post the notice

130114152903-abc-schoolhouse-rock-just-a-bill-story-top

HB0094 — Weapons Restrictions Amendments 
STATUS: Awaiting start of session

• This bill changes and clarifies the prohibitions for carrying a dangerous weapon by an intoxicated individual.

—-

Bills that have been requested by our representatives and titled but have not been submitted for process.
Bills we will not update until end of session.  Does not effect your rights but is administrative in nature.

SELF DEFENSE ANALYSIS: HOMEOWNER SHOOTS INTRUDER

Self Defense?

Was it self defense. Officers and attorneys are deciding whether the homeowner who shot and killed an intruder in Orem on Monday morning should face charges.

Self Defense Shooting
Orem City Police Department

Attorney Stephen Allred, who is not involved with the case, says the shooting was justified.

“There’s a lot that has to happen in a homeowner’s mind very quickly to determine whether they should be firing their gun,” Allred said.

The Orem Police Department said the homeowner found a 49-year-old man in his garage, went back into his house to get a gun, then returned to the garage. The two men fought, the intruder swung an object at the homeowner and then the homeowner shot him, police said.

“We don’t know if this was a burglary or what,” said Lt. Craig Martinez. “It’s still really too early on in the investigation to make that determination.”

Allred, who handles criminal defense cases for Zabriskie Law Firm, said Utah’s stand your ground law would most likely protect the homeowner.

“Had the individual just been arguing with him in the garage, then you’d have the other side of the coin where it’s not justified,” Allred said, adding, “It sounds like the homeowner felt his life was in danger with the individual swinging at him.”

Allred said this case is a good reminder to run through scenarios with your family for what you would do if threatened by an intruder.

ANALYSIS:

This analysis is based upon what is known at this time and is not intended to second guess this homeowner.  After all, we were not there.  Therefore, we will focus on what we know and the laws of Utah.

In our course we spend some time talking about this exact scenario.  While facts are still forthcoming, it has been make clear that the homeowner, finding an intruded in a detached garage, attempted to stop the illegal entry.  Upon contact, the home owner was physically confronted, requiring a level of force likely to cause serious bodily injury or death (self defense).

As a property owner, you are allowed to use force to stop an intruder or prevent them from stealing your property.  Can you be armed while doing so? Absolutely!  In fact, I would highly recommend it.  We talked in class on how we are not allowed to use force that is likely to cause death or serous bodily injury to protect property.  Property simply does not hold the same value as a human life.  However, like in this case, when confronting an intruder, you don’t know the intruders intent or if they are under an substance that may have them in an altered mental status.  Your challenge to their presence may illicit a physical reaction.

Suggestions:  Remember, they are just things.  There is never a reason to put yourself in harms way for property.  When you see an intruder, you typically, you will get an adrenals rush and spring into action.  We are hardwired to chase what runs, always remember to slow down and assess the situation for risk versus benifit.  Many people have been hurt or killed after running into a situation without good situational awareness.

Keep the tactical advantage:  (some basics)

  • Trust your instincts.  If something does not feel right, it is not.  Respond accordingly.
  • Always assume there is more than one bad guy.  Remember, we get brave in groups.
  • Keep the element of surprise.  This may mean you have to resist that urge to turn on lights.  This often illuminates you.  If you do turn on lights, make sure you are in the shadows and they are in the light.
  • Be verbally strong as needed.  If you do have a verbal confrontation, be direct in what you want this person(s) to do.  Use your ‘big dog’ voice.  Do your best to avoid swearing.  Studies show that a person confronted with a person swearing at them tends to invoke a physical response.
  • Keep your distance.  Do not forget the 20′ rule we talked about in class.  They can cover more distance then you think.
  • Watch the hands.  The hands are what can cause you harm so watch them closely.
  • Don’t get distracted by non-threats. Keep your eye on the task at hand.  You hear with your eyes and not your eyes.  However, we instantly look at who is talking to us.
  • Communication.  It is not always verbal.  Go over basic hand signals with your family so you can communicate quietly over a distance.

The list can go on and on but these are a few reminders and tips for dealing with a force or deadly force situation.

Other Stories

 

U.S. APPEALS COURT SAYS 2ND AMENDMENT ALLOWS THE OPEN CARRYING OF GUNS

A federal appeals court ruled recently that the 2nd Amendment protects the right to openly carry a gun in public for self-defense.

The 9th United States Circuit Court of Appeals ruled 2-1 that Hawaiian officials had violated George Young’s rights when he was denied a permit to openly carry a loaded gun in public to protect himself.

The three-judge panel’s decision reversed a lower court ruling that sided with officials who said the amendment only applied to guns kept in homes.

“We do not take lightly the problem of gun violence, which the State of Hawaii ‘has understandably sought to fight,'” Judge Diarmuid O’Scannlain wrote. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”


Gun rights is one of the most hotly debated issues in U.S. political

The United States Supreme Court struck down gun ownership bans in the District of Columbia and Chicago in 2008 and 2010, but has been reluctant in recent years to take on such cases, turning away challenges to gun restrictions.

Judge Richard Clifton noted in his dissent that several appeals courts have come down on different sides of whether guns can be openly carried in public, saying: “There is no single voice on this question.” He suggested the Supreme Court will inevitably have to weigh in.

Clifton, who like the other judges was appointed by a Republican president, criticized the majority for going “astray in several respects” and disregarding that states such as Hawaii have long regulated and limited the public carrying of guns, which he said did not undermine the core of the 2nd Amendment.

Conflicting Opinions

Tuesday’s ruling comes two years after a full panel of the San Francisco-based 9th Circuit ruled that there’s no right to carry concealed guns in public. That June 2016 ruling struck down a 2-1 panel opinion that was also written by O’Scannlain.

Attorney Alan Beck, who represented Young, said Hawaii County never issued a carry permit in 20 years. Young, a Vietnam veteran who spent 21 years in the infantry, couldn’t find anyone to represent him in his case and wasn’t even allowed to argue his case in a lower court.

“I just thought he was a sympathetic good man who deserved an attorney,” Beck said. “We didn’t go in with any expectation of winning or losing. He just wanted his day in court.”

Hawaii Attorney General Russell Suzuki said he planned to consult with the county and work with them on any further action.

“We are disappointed in the decision that would undermine Hawaii’s strong gun control law and our commitment to protect the public,” Suzuki said in a statement, though he noted the “well-reasoned dissent supporting the constitutionality of this law.”

The Second Amendment was adopted in 1789 and reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

 

MORE PEOPLE USE A GUN IN SELF-DEFENSE EACH YEAR THAN DIE IN CAR ACCIDENTS

Millions of people protect themselves and their families with guns every day in the United States. They choose guns as a means of self-defense for the same reason the Secret Service uses them to protect the president: guns stop bad people from doing bad things.

It’s absurd to speak about the right of self-defense in theory but then deny people the tools they need to exercise that right. 

Does a gun guarantee your safety? No, but it gives you the ability to defend yourself against an armed, physically superior, or mentally unstable attacker.

Why in the world would anyone not want to have the means to protect themselves and their families against criminal predators? Worse yet, why would anyone actively lobby their government to deprive themselves and every other law-abiding citizen of the most effective means to protect themselves?

Guns Are Life-Saving Tools

The gun grabbers are convinced that if we shut down the National Rifle Association and take away guns from law-abiding gun owners, then bad people will no longer have the tools to do bad things.

A gun is a tool, plain and simple. You should own a gun for the same reason you install smoke and carbon monoxide detectors, purchase fire extinguishers, and buckle your seat belt. An ounce of prevention is worth a pound of cure.

Smart people are prepared. Foolish people bring a knife—or nothing at all—to a gunfight.

The gun grabbers say: “There is no evidence that guns save lives.”  The truth: If there is no proof that guns save lives, then why does every American law enforcement agency, including the U.S. Secret Service, carry guns? What’s the point of the guns?

There is an old saying in the world of investing: “Do what the smart money does.” This means that when you personally invest, it makes sense to buy and sell the same investments as the “smart money” people—large banks, institutional investors, hedge funds, and investment gurus like Warren Buffett. The idea is that these industry leaders have a better understanding of the marketplace and better access to information than ordinary investors do. And that is usually true.

What do the “smart money” people do when it comes to protecting lives?

Virtually all professionals carry guns—and lots of them. Federal, state, and local law enforcement agencies charged with protecting the streets you walk on all carry guns. The Secret Service protects the president with guns. The federal Department of Homeland Security issues its own agents handguns and fully automatic rifles.

So, the smart money in the business of protecting lives chooses guns. That’s right. They choose guns!

Guns Are Often Used for Defense

But if you don’t want to follow the smart money on guns, then let’s turn to the statistical scoreboard. Does civilian gun use help in self-defense against criminals?

The U.S. Department of Justice investigated firearm violence from 1993 through 2011. The report found, “In 2007–2011, about 1 percent of nonfatal violent crime victims used a firearm in self-defense.” Anti-gun zealots attempt to use this statistic to discredit the use of a gun as a viable means of self-defense, and by extension, to discredit gun ownership in general.

But look deeper into the numbers. During that five-year period, the Department of Justice confirmed a total of 338,700 defensive gun uses in both violent attacks and property crimes where a victim was involved. That equals an average of 67,740 defensive gun uses every year. In other words, according to the Justice Department’s own statistics, 67,740 people a year don’t become victims because they own a gun.

Is it significant that at least 67,740 individuals use a gun in self-defense each year? Well, in 2016, 37,461 people died in motor vehicle accidents in the United States; in 2015, the number was 35,092 people. Mark Rosekind, administrator of the National Highway Transportation and Safety Administration (NHTSA), called those road fatalities “an immediate crisis.” If the NHTSA administrator considers it a crisis that approximately 37,000 people are dying annually from car accidents, then saving nearly twice that many people each year through the use of firearms is simply stunning.

Reality

In reality, the Department of Justice findings about defensive gun uses are very conservative. A 2013 study ordered by the Centers for Disease Control and Prevention (CDC) and conducted by the Institute of Medicine and the National Research Council found that “Defensive use of guns by crime victims is a common occurrence…. Almost all national survey estimates indicate that defensive gun uses by victims are at least as common as offensive uses by criminals, with estimates of annual uses ranging from about 500,000 to more than 3 million . . . in the context of about 300,000 violent crimes involving firearms in 2008…. On the other hand, some scholars point to a radically lower estimate of only 108,000 annual defensive uses based on the National Crime Victimization Survey….”

The most comprehensive study ever conducted about defensive gun use in the United States was a 1995 survey published by criminologist Gary Kleck in the Journal of Criminal Law and Criminology. This study reported between 2.1 and 2.5 million defensive gun uses every year.

Ultimately, the number of defensive gun uses doesn’t matter much to the anti-gun zealots. Whether the number is 67,000 or 2.5 million or anywhere in between, they’ll do whatever they can to dismiss defensive gun uses as insignificant. They want to focus only on the dead people lying in the street rather than those folks who use a firearm to remain standing.

I suspect those people still alive would have a different view.

CHANGE TO 76-2-402 – FORCE IN DEFENSE OF PERSON


The legislature has been over for a minute and wanted to provide a final update.  The only bill to pass was use of force amendment.  This directly makes changes to 76-2-402, the primary self-defense code.  As a note, the alcohol level of .05% BAC is still in effect and will lower the legal limit when it goes into effect.

 76-2-402. Force in defense of person — Forcible felony defined.

(1) (a) A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person’s imminent use of unlawful force.

(b) A person is justified in using force intended or likely to cause death or serious bodily injury only if the person reasonably believes that force is necessary to prevent death or serious bodily injury to the person or a third person as a result of another person’s imminent use of unlawful force, or to prevent the commission of a forcible felony.

(2) (a) A person is not justified in using force under the circumstances specified in
Subsection (1) if the person:
(i) initially provokes the use of force against the person with the intent to use force as an excuse to inflict bodily harm upon the assailant;
(ii) is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony , unless the use of force is a reasonable response to factors unrelated to the commission, attempted commission, or fleeing after the commission of that felony ; or
(iii) was the aggressor or was engaged in a combat by agreement, unless the person withdraws from the encounter and effectively communicates to the other person his intent to do so and, notwithstanding, the other person continues or threatens to continue the use of unlawful force.

(b) For purposes of Subsection (2)(a)(iii) the following do not, by themselves, constitute “combat by agreement”:
(i) voluntarily entering into or remaining in an ongoing relationship; or
(ii) entering or remaining in a place where one has a legal right to be.

(3) A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(a)(iii).

(4) (a) For purposes of this section, a forcible felony includes aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping, and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property.

 (b) Any other felony offense which involves the use of force or violence against a person so as to create a substantial danger of death or serious bodily injury also constitutes a forcible felony.

 (c) Burglary of a vehicle, defined in Section 76-6-204, does not constitute a forcible felony except when the vehicle is occupied at the time unlawful entry is made or attempted.

(5) In determining imminence or reasonableness under Subsection (1), the trier of fact may consider, but is not limited to, any of the following factors:
(a) the nature of the danger;
(b) the immediacy of the danger;
(c) the probability that the unlawful force would result in death or serious bodilyinjury;
(d) the other’s prior violent acts or violent propensities; and
(e) any patterns of abuse or violence in the parties’ relationship.