Unlawful Discharge of Firearms in Arizona (A.R.S. § 13-3107)

Serving Clients Throughout Tempe and Surrounding Areas

Under A.R.S. § 13-3107, firing a gun within or into a city’s limits can be charged as a Class 6 felony—commonly known as “Shannon’s Law.” The statute aims to prevent injuries and fatalities caused by stray bullets. In many cases, unlawful discharge of firearms is designated as a “dangerous offense,” which can lead to mandatory prison time for a first conviction. If you are facing such charges in or around Tempe, it’s crucial to understand your rights and potential defenses.

What Is “Shannon’s Law”?

Arizona legislators passed Shannon’s Law in 1999 after a 14-year-old Phoenix resident, Shannon Smith, was tragically killed by celebratory gunfire. This law established that discharging a firearm within city limits—intentionally or not—could be charged as a felony, aiming to deter negligent and reckless shootings that pose a lethal risk to the public.

Definition of Unlawful Discharge

Arizona Revised Statute 13-3107 states that a person commits unlawful discharge by “with criminal negligence discharging a firearm within or into the limits of any municipality.” A “firearm” includes any weapon that expels a projectile via expanding gases, whether it’s loaded or unloaded. Crossbows or other weapons don’t fall under this definition.

Exceptions Under the Law

Arizona law recognizes nine key exceptions where firing a gun within city limits may be legally permissible:

• Lawful self-defense
• Discharge at a supervised firing range
• Authorized hunting per Arizona Game and Fish regulations
• Killing “nuisance wildlife” with an appropriate permit
• Shooting under a special permit from the chief of police
• Actions by an animal control officer within official duties
• Using blank cartridges only
• Self-defense against an animal attack
• Shooting a firearm more than a mile away from any occupied structure

Criminal Negligence: The Key Factor

To secure a conviction for unlawful discharge, prosecutors must prove you acted with “criminal negligence.” This standard is lower than “knowingly” or “intentionally.” It means you failed to realize a substantial and unjustifiable risk—a failure so significant that it constitutes a gross deviation from how a reasonable person would behave in similar circumstances.

Even if you never intended to fire the gun or harm anyone, you could face charges if handling a firearm in a manner deemed negligent. Because guns are deadly weapons, prosecutors often enhance the offense to “dangerous,” making prison time mandatory.

Penalties for Unlawful Discharge of Firearms

As a Class 6 felony, unlawful discharge carries serious consequences:

• Non-Dangerous (First Offense): Possible probation or 0.33 to 2 years in prison.
• Dangerous (First Offense): Mandatory prison time ranging from 1.5 to 3 years.

Repeat offenders with additional felony convictions may face even longer sentences. A felony record can also lead to loss of civil rights, difficulties finding work, and long-term restrictions on gun ownership.

Common Defenses to Unlawful Discharge

An experienced attorney may explore several defense strategies, such as:

• No Criminal Negligence: Arguing you did not deviate grossly from reasonable safety standards.
• Applicable Exceptions: Showing the incident met one of the statutory exemptions, like lawful self-defense.
• Mistaken Identity: Demonstrating that someone else actually discharged the firearm.
• Insufficient Evidence: Challenging the prosecution’s ballistic or eyewitness proof.
• Constitutional Issues: Suppressing evidence due to Miranda or search-and-seizure violations.

How Ted Law Can Help

If you are charged with the unlawful discharge of a firearm in or near Tempe, Ted Law provides diligent, results-driven defense:

• Investigating police conduct and the facts of your arrest
• Identifying statutory exceptions and mitigating factors
• Negotiating with prosecutors to reduce or drop charges
• Fighting for you in court to protect your rights

Call (602) 453-3100 or contact us online today for a free consultation. Let us build a strong defense to minimize or dismiss the charges you’re facing.