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- 13-3107 – Unlawful Discharge of a Firearm in Arizona Law
- How the Law Defines the Offense of Unlawful Discharge of a Firearm
- Firearm Use and the Rule Restricting the Discharge Within City Limits
- Penalties for Unlawful Discharge of a Firearm in Arizona
- Situations That Lead to Unlawful Discharge Cases
- Criminal Negligence and Reckless Discharge Situations
- Criminal Defense and Defenses to Unlawful Discharge
- FAQs About Unlawful Discharge Charges
- Important Things to Remember About ARS 13-3107
- Contact a Criminal Defense Attorney From CHM Law
Firearms are widely owned across the state, and the lawful use of a firearm in Arizona includes activities such as hunting, target shooting, and personal protection. Even so, strict rules apply to when and where a firearm may be used. One of the most important laws in this area addresses the discharge of a weapon within populated areas.
ARS 13-3107 makes it illegal for a person to knowingly discharge a firearm within or into the limits of any municipality. The law was created after a tragic incident and is known in Arizona as Shannon’s Law. Since lawmakers passed Shannon’s Law in 1999, the statute has been enforced aggressively to prevent injuries caused by stray bullets and reckless shooting.
Many people do not realize that firing a gun within city limits can lead to a felony offense in Arizona. The discharge of a firearm charge can arise from situations such as celebratory gunfire, backyard shooting, or arguments that escalate into someone discharging a weapon. Understanding how Arizona law addresses the unlawful discharge of firearms and what penalties may apply can help individuals protect their rights if they are charged with unlawful discharge.
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Unlawful Discharge of a Firearm in Arizona: Felony Penalties Under ARS 13-3107
13-3107 – Unlawful Discharge of a Firearm in Arizona Law
The statute that addresses this offense is ARS 13-3107 – unlawful discharge. The Arizona revised statute focuses on situations where a firearm is discharged in populated areas.
The law says that a person commits the offense when they knowingly discharge a firearm within or into the limits of any municipality. The phrase limits of any municipality means any city or town and includes areas fully enclosed within the city or town.
In simple terms, the statute prohibits firing a gun within city limits or into a city from outside its boundaries. The law defines unlawful discharge of firearm conduct as the knowing act of discharging a firearm in these locations.
The discharge of firearms under ARS 13-3107 applies in cities such as Phoenix and throughout the state. When a firearm within city limits is discharged, police often investigate immediately because the act can create serious risks to public safety.
This statute addresses situations where the offense involves the discharge of a deadly weapon in a populated area. Because the crime that involves the discharge of a weapon can put innocent people at risk, the state treats these cases as felony offenses.
How the Law Defines the Offense of Unlawful Discharge of a Firearm
How Arizona Revised Statutes § 13-3107 Defines the Conduct
The Arizona revised statutes § governing this crime state that a person commits unlawful discharge of a firearm when they knowingly fire a weapon within or into the limits of a city.
Under Arizona criminal law, ARS 13-105 defines mental states such as knowingly, intentionally, and criminal negligence. For the purposes of this statute, prosecutors must prove that the person knowingly discharged the firearm.
To secure a conviction, prosecutors must show:
- the firearm was discharged
• the discharge occurred within or into the limits of any municipality
• the individual knowingly engaged in discharging a firearm
This means that firing a gun within city boundaries, even without intent to harm someone, may qualify as unlawfully discharging a firearm.
The statute focuses on the location where a firearm is discharged. If the discharge occurs in a location where a firearm would reasonably be expected to pose a danger, charges may follow.
A reasonable person would understand that firing a gun within city limits creates a substantial risk to others.
Firearm Use and the Rule Restricting the Discharge Within City Limits
Arizona law generally supports the lawful use of a firearm in Arizona for hunting, self defense, and sport shooting. However, there is a rule restricting the discharge of a firearm within certain areas.
The law applies to the discharge of a firearm within the city or town. In other words, firing a gun within city limits is prohibited unless an exception applies.
The statute covers situations where someone:
- discharge a firearm within city limits
- fire a gun within city neighborhoods
- discharge of a firearm within residential areas
- discharge of a deadly weapon in populated places
For example, firing a gun within city neighborhoods in Phoenix could lead to charges for the unlawful discharge of firearms.
In some rural areas outside municipal boundaries, shooting may be allowed if it complies with local regulations. Hunting seasons established by the Arizona Game and Fish Commission may allow the discharge of a firearm during lawful hunting.
However, even hunting rules may require a permit from the Arizona Game and Fish Department or compliance with seasons established by the Arizona Game and Fish Commission.
The Arizona Game and Fish Department regulates hunting activities, and those rules do not override the prohibition against firing a gun within city limits.
Penalties for Unlawful Discharge of a Firearm in Arizona
The unlawful discharge of a firearm offense is classified as a class 6 felony. Because the firearm is a class 6 felony offense under Arizona law, a conviction can have serious consequences.
Possible penalties for unlawful discharge include probation, fines, and a prison sentence depending on criminal history and the circumstances surrounding the incident.
In certain cases, prosecutors may attempt to classify the conduct as a dangerous offense if the use of a firearm created a serious risk to others.
Below is a general overview of penalties in Arizona:
| Offense | Minimum Sentence | Presumptive Sentence | Maximum Sentence | Relevant Statute |
| Unlawful Discharge of a Firearm (Class 6 Felony) | Probation Possible | 1 Year Prison Sentence | 2 Years Prison Sentence | ARS 13-702 |
| Repeat Felony Offender | Several Months Prison | 1.5 Years Prison | 2.75 Years Prison | ARS 13-703 |
A person convicted of unlawfully discharging a firearm may also lose firearm rights and face long term consequences related to employment or housing.
Situations That Lead to Unlawful Discharge Cases
Unlawful discharge cases often arise from situations where someone fires a gun without understanding the law.
Examples include:
Celebratory Gunfire
A person fires a gun into the air during a holiday celebration in Phoenix. Because firing a gun within city limits violates the statute, the individual may be charged with the unlawful discharge offense.
Backyard Target Practice
A homeowner practices shooting in their backyard within the city. Even if the person believed it was safe, discharging a weapon within city boundaries may still violate ARS 13-3107.
Discharging a Weapon During an Argument
During an argument outside a residence, someone discharges a weapon within city limits. Even if the firearm is not aimed at anyone, the act of discharging a firearm in Arizona within the city can still lead to criminal charges.
These unlawful discharge cases demonstrate how quickly a firearm discharge incident can escalate into a criminal investigation.
Criminal Negligence and Reckless Discharge Situations
In some cases, prosecutors argue that a person who with criminal negligence discharges a firearm should face charges.
Criminal negligence discharges a firearm when someone fails to recognize a significant risk that their actions could cause harm.
Examples may include:
- reckless discharge during crowded celebrations
• firing a gun without knowing the surroundings
• negligence discharges a firearm within residential neighborhoods
When a firearm is discharged one would expect a reasonable person to recognize the risk of harm.
Even if the act was not intentional, the use of a firearm in these situations may still lead to charges.
Criminal Defense and Defenses to Unlawful Discharge
Being charged with unlawful discharge does not automatically mean a conviction will occur. A criminal defense attorney may evaluate the facts of the case to determine whether defenses to unlawful discharge exist.
Defense strategies may include challenging the evidence, questioning witness testimony, or demonstrating that the firearm discharge was accidental.
An experienced criminal defense attorney from CHM Law can examine the police investigation and determine whether the prosecution can prove the elements of the offense.
Common defense strategies include:
- Lack of Evidence: If investigators cannot prove who discharged the firearm, the case may be dismissed.
- Accidental Discharge: Sometimes a firearm discharge occurs due to mechanical malfunction or accidental trigger pull.
- Self Defense: Arizona law allows individuals to use force in self defense under certain circumstances.
- Constitutional Violations: If law enforcement violated a defendant’s rights while collecting evidence, the defense attorney can challenge that evidence in court.
The law team at this law group regularly handles discharge charges and can help clients evaluate their legal options.
Frequently Asked Questions About Unlawful Discharge of a Firearm
Is firing a gun within city limits illegal?
Yes. Discharging a firearm within city limits may violate ARS 13-3107 if the act occurs within the limits of a city or town.
What is Shannon’s Law?
The law is known as “Shannon’s Law” and addresses the unlawful discharge of a firearm within municipal boundaries.
Is unlawful discharge always a felony?
Yes. The offense is generally classified as a class 6 felony under Arizona criminal law.
Can hunting laws override this rule?
No. Even if a hunting season established by the Arizona Game and Fish Commission allows shooting in certain areas, the discharge of a firearm within city limits may still violate the statute.
What if no one was injured?
Even if no injury occurs, the offense may still be prosecuted if the firearm was discharged within city boundaries.
Can charges be reduced?
In some cases, charges for the unlawful discharge offense may be reduced depending on the circumstances and criminal history.
What happens after an unlawful discharge conviction?
An unlawful discharge conviction can lead to probation, fines, or a prison sentence.
Important Things to Remember About ARS 13-3107
• ARS 13-3107 addresses the unlawful discharge of a firearm
• The offense occurs when a firearm is discharged within city limits
• The crime is a felony offense in Arizona
• The statute applies to cities such as Phoenix
• Criminal negligence can play a role in these cases
• Convictions may lead to probation or prison
Contact a Criminal Defense Attorney From CHM Law
If you have been charged with the unlawful discharge of a firearm, it is important to speak with an experienced criminal defense attorney as soon as possible.
The attorneys at CHM Law understand how prosecutors approach these cases and work to protect the rights of individuals accused of firearm related offenses. Their law team carefully reviews the facts of each case and develops legal strategies aimed at reducing or dismissing charges.
A defense attorney can help examine the evidence, determine whether constitutional violations occurred, and identify possible defenses.
If you are facing charges involving the discharge of a firearm, the criminal defense attorneys at CHM Law are available to help.
Call CHM Law today at 602-825-2500 to schedule a consultation with a criminal defense attorney.
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