Understanding Unlawful Discharge of a Firearm Arizona (Shannon’s Law): ARS 13-3107
Facing unlawful discharge of a firearm Arizona charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.
This guide provides a detailed overview of ARS 13-3107 and Shannon’s Law AZ. It explains key terms and the sentencing guidelines for unlawful discharge of a firearm Arizona. It also answers frequently asked questions about your charges.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with unlawful discharge of a firearm Arizona, consult with a qualified Arizona criminal defense attorney as soon as possible.
What is Unlawful Discharge of a Firearm Arizona (ARS 13-3107)?
Discharging a firearm within city limits in Arizona is a violation of ARS 13-3107 and is a class 6 felony. This is a serious offense with potentially severe consequences.
The key element of this unlawful discharge of a firearm Arizona is “criminal negligence.” Proof of criminal negligence does not require a showing of intentional harm. The prosecution only has to prove substantial and unjustifiable risk of harm that a reasonable person would have recognized and avoided. This standard is lower than deliberate intent or recklessness.
Shannon’s Law
Shannon’s Law, enacted in 2000, that makes it a felony offense to discharge a firearm randomly into the air within city limits. The law is named after Shannon Smith, a 14-year-old girl who was tragically killed by a stray bullet in Phoenix in June 1999.
Key Exceptions Under ARS 13-3107: When a Discharge is Not Unlawful
While firing a gun in city limits is usually a crime under ARS 13-3107, there are some important exceptions. These exceptions don’t apply automatically; you have to prove that what you did fits one of following:
- Self-Defense or Defense of Another: Using a gun for self-defense or to protect someone else from immediate danger is an allowed exception, provided that you can show that you had a reasonable and immediate reason to believe that using deadly force was necessary.
- Properly Supervised Firing Range: Firing a gun at a shooting range with strict safety rules is not considered unlawful discharge. The shooting range must follow specific guidelines for safety, oversight, and be connected to a recognized shooting organization.
- Lawful Hunting: Firing a gun during the hunting season is allowed if you follow all the rules from the Arizona Game and Fish Commission. This includes having the right licenses, following bag limits, and hunting in designated areas.
- Nuisance Wildlife Control: In certain cases, you can lawfully fire a gun to control nuisance wildlife if you have the right permits from the Arizona Game and Fish Department or the U.S. Fish and Wildlife Service. The permit must be legally obtained and followed exactly.
- Official Duty (Law Enforcement, Animal Control): Authorized personnel from law enforcement or animal control departments may discharge firearms in the execution of their duties, subject to departmental policies and procedures.
- Use of Blanks: Using blank ammunition, which doesn’t have a bullet, is not covered by this law. There is an important legal difference between blank and live ammunition.
- Distance from Occupied Structures: Firing a gun more than one mile away from any occupied building avoids penalties under ARS 13-3107. This distance is measured from where you fire the gun to the nearest occupied building.
Sentencing for Unlawful Discharge of a Firearm:
The penalties associated with an unlawful discharge conviction under ARS 13-3107 depend on two factors: the classification of the offense as “dangerous” and the defendant’s prior criminal history. The prosecution may designate the offense as “dangerous” under ARS 13-604(J), which can significantly increase the penalties. This designation depends on the circumstances surrounding the discharge, such as the presence of other people or the potential for significant harm.
First-Time Offense:
| Offense Class | Prison Time Range (Years) |
|---|---|
| Non-Dangerous | 0.33 to 2 |
| Dangerous | 1.5 to 3 |
Second Historic Prior Felony and Dangerous Offense:
| Offense Class | Prison Time Range (Years) |
|---|---|
| Non-Dangerous | 0.75 to 2.75 |
| Dangerous | 3 to 4.5 |
Third Prior Felony Dangerous Offense:
| Offense Class | Prison Time Range (Years) |
|---|---|
| Non-Dangerous | 1 to 3.75 |
| Dangerous | 4.5 to 6 |
These ranges represent the potential penalties. The actual sentence imposed may vary based on various factors, including the specifics of the case, mitigating circumstances, and the judge’s discretion.
Frequently Asked Questions:
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition and Scope: ARS 13-3107 defines unlawful discharge of a firearm as discharging a firearm within city limits, which is a Class 6 felony. The key element is “criminal negligence,” meaning the discharge posed a substantial and unjustifiable risk.
- Exceptions: There are several exceptions where discharging a firearm is not considered unlawful, such as self-defense, supervised firing ranges, lawful hunting, nuisance wildlife control, official duties, use of blanks, and firing more than one mile away from occupied structures.
- Penalties and Sentencing: Penalties vary based on the offense’s classification as “dangerous” and the defendant’s criminal history. First-time offenses can result in 0.33 to 2 years for non-dangerous and 1.5 to 3 years for dangerous offenses. Penalties increase with prior felonies.
Next Steps:
Unlawful discharge of a firearm Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.
If you’re facing unlawful discharge of a firearm Arizona (Shannon’s Law AZ) charges, under ARS 13-3107, engaging a skilled Arizona criminal defense attorney is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.