Executive Summary
- Arizona law defines unlawful discharge of a firearm as a person recklessly firing a gun within or into the boundaries of any municipality, displaying criminal negligence.
- Since it is typically considered a dangerous offense and a class 6 felony, being convicted of an unlawful firearm discharge can result in 1.5 to 3 years in prison and considerable fines.
- Practicing gun safety, knowing about local regulations, and accessing educational resources are great ways to prevent dangerous firearm-related incidents like unlawful discharges.
- A reliable criminal defense attorney can help you craft a defense strategy that fits your unique situation, from claiming self-defense to challenging the prosecution’s lack of evidence.
Learning About Unlawful Discharge of a Firearm in Arizona
Unlawful discharge of a firearm in Arizona, also known as reckless discharge of a firearm, is a criminal offense that involves firing a gun in a manner or location that endangers public safety or property. ARS 13-3107 declares that negligently discharging a firearm in city limits can result in a class 6 felony.
Therefore, someone could face significant fines and a prison sentence if they are convicted for an accidental discharge of a firearm in Arizona, especially if the crime occurred in a residential area, public place, or in any situation where the shot could have caused harm. Gun owners and the general public should understand the intricacies of this law to ensure safety and prevent legal consequences.
All Arizona residents should know what qualifies as unlawful discharge, the potential penalties for those found guilty, and preventive measures to help avoid such incidents. By understanding Arizona’s regulations surrounding the unlawful discharge of a firearm, individuals can make informed, responsible decisions.
ARS 13-3107 Overview
ARS 13-3107 classifies discharging a firearm inside or toward city limits with criminal negligence as a class 6 felony. Still, it is important to know relevant legal definitions to understand exactly what actions can be considered unlawful firearm discharge in Arizona.
Relevant Legal Definitions
ARS 13-105 declares a firearm as any loaded or unloaded weapon designed to or easily converted to expel a projectile using expanding gasses. Some examples of weapons that Arizona law considers a firearm are:
- Handgun
- Pistol
- Revolver
- Rifle
- Shotgun
However, if any of the above mentioned devices are permanently inoperable, they may not qualify as firearms. Bows and crossbows do not qualify as firearms because they do not utilize expanding gasses; nevertheless, you should still exercise caution when using them because ARS 13-3101 still categorizes them as deadly weapons.
ARS 13-105 also defines criminal negligence as a person failing to recognize a significant and unjustifiable risk that their actions will lead to a certain outcome, constituting a severe departure from the standard of care that a reasonable individual would exercise in that situation.
Examples of Unlawful Discharge of a Firearm
If the prosecution can prove the defendant was negligently discharging a firearm in city limits per the above mentioned definitions, the guilty party will likely be convicted. This means some examples of unlawful discharge of a firearm can include:
- Firing a rifle in a residential neighborhood.
- Shooting a shotgun in a public park.
- Performing target practice with a revolver in an unsafe location.
- Accidentally firing a gun in a crowded area.
- Shooting a handgun during a heated argument.
Although the scenarios above can qualify as reckless discharge of a firearm under ARS 13-3107, it is not an exhaustive list. So, you should contact a qualified criminal defense attorney to learn if your unique situation may qualify as an unlawful firearm discharge in Arizona.
Types of Offenses
There are several different types of unlawful discharge, and each can impact the classification requirements and charges associated with the crime. Knowing the following three forms of reckless discharge is important to understand how they may apply to your situation.
Discharge in a Prohibited Area
Discharging a firearm in a location where it is prohibited by law, including inside a municipality’s borders and near structures or public areas, is illegal. Shooting with a gun in a busy park or residential area, for example, falls within this category.
This type of firearm discharge is forbidden by legislation to keep everyone safe and avoid accidents. Since this type of shooting puts other people’s safety in peril in crowded or sensitive areas, you could face more jail time than someone with a first-time conviction of a non-dangerous class 6 felony.
Discharge With Reckless Endangerment
ARS 13-105 defines acting recklessly as being aware of and consciously ignoring a significant risk, showing a gross deviation from what a reasonable person would do. Therefore, discharge with reckless endangerment entails shooting a gun with carelessness toward other people’s safety.
Unlawful discharge with reckless endangerment can include, for instance, shooting into the air during a heated debate or firing a pistol in a place where property damage or casualties are likely. Considering this crime puts others in peril, anyone convicted of this felony can suffer more severe punishments.
Discharge While Intoxicated
ARS 13-105 labels intoxication as being mentally or physically incapacitated to any degree as a result of using drugs, toxic vapors, or intoxicating liquors. Being impaired by drugs and alcohol while unlawfully discharging a firearm can be considered an aggravating factor in Arizona, meaning it can result in a longer jail sentence or higher fines.
Due to the individual’s impaired judgment and a higher chance of improperly handling firearms, unlawfully discharging a firearm while intoxicated might result in more dangerous scenarios. With this in mind, the judge may be more likely to inflict a harsher punishment if the defendant was drunk or high while committing the crime.
The circumstances surrounding the discharge, such as the location, the degree of recklessness involved, and whether the person was under the influence of drugs, greatly determine the charges that can be brought against someone and the severity of the punishments that can be imposed for reckless discharge of a firearm in Arizona. Preserving community safety and preventing significant legal repercussions can be easier by being aware of the distinctions between various types of unlawful discharge.
Unlawful Discharge Penalties in Arizona
Although other non-dangerous class 6 felony crimes can result in 4 months to 2 years in prison for people without prior convictions, as outlined by ARS 13-702, the unlawful discharge of a firearm in Arizona can lead to extended jail time because it is often labeled as a dangerous offense.
ARS 13-105 defines a dangerous offense as a crime that involves the discharge, use, or threatening display of a deadly weapon or dangerous instrument or the deliberate or knowing infliction of serious physical harm to another person. Unlike non-dangerous felonies, dangerous offenses do not typically take mitigating factors like the defendant’s remorse or lack of criminal record into consideration.
Since the unlawful discharge of a firearm is a class 6 felony that is usually classified as a dangerous offense, it can result in a jail sentence lasting between 1.5 and 3 years for people without prior convictions, as outlined by ARS 13-704. In addition to the mandatory jail time, ARS 13-801 declares that people convicted of felonies in Arizona may have to pay a fine of up to $150,000.
Section L. of ARS 13-704 declares that the above mentioned penalties can be exchanged for harsher punishments if the accused individual is proven to have a previous conviction or if their crime was especially dangerous, making the context of the crime incredibly important.
Lingering Effects
Even though unlawfully discharging a firearm is considered the least severe class of felony, it can still carry life-long consequences. A criminal record can follow a convicted felon and show up on background checks, presenting various restrictions in their daily lives. Some examples of lingering effects that can potentially arise after being convicted of a class 6 felony include:
- Loss of voting rights – Some convicted felons are not allowed to vote, sometimes temporarily or permanently, depending on the court guidelines.
- Employment challenges – Securing a job can become more challenging because prospective employers may see felony charges on the background checks they conduct.
- Housing difficulties – Renting a house or apartment can also be difficult because landlords may be reluctant to rent to individuals with felony convictions.
- Educational barriers – Some educational programs and financial aid opportunities are unavailable to convicted felons.
- Restricted gun rights – The court may prohibit you from owning or possessing firearms.
- Social stigma – You may face difficulties within your personal relationships due to the social stigma surrounding criminal offenses.
To increase your chance of achieving the best possible outcome, consult a reliable criminal defense attorney who has experience dealing with unlawful discharge of firearm cases in Arizona. With their expert-level legal guidance, it can be easier to make informed decisions to potentially avoid some of the above mentioned consequences.
Common Scenarios Leading to Charges
Considering any person 21 or older who is not a prohibited possessor may carry a weapon openly or concealed without a license, unlawful discharge of a firearm can be common. Some examples of scenarios that can lead to being charged with reckless discharge of a firearm are:
- Negligently mishandling a gun and unintentionally pulling the trigger.
- Recreationally shooting in non-designated areas or without proper permits.
- Discharging a firearm during a heated argument or as a threat.
It is essential to practice gun safety and to only fire a weapon in designated areas, such as the official Phoenix-area recreational shooting sites outlined by the Bureau of Land Management, to reduce your risk of being convicted of this crime.
Exceptions
There are circumstances in which discharging a weapon within city limits is not a criminal act. ARS 13-3107 Section C allows weapons to be discharged within Arizona city limits if:
- You are on a properly supervised range.
- A permit from the Arizona Game and Fish Department or the United States Fish and Wildlife Service has been granted to eliminate a “nuisance animal.”
- A “special permit” of the chief of police of the municipality has been granted to the person.
- It is required by an animal control officer for the purpose of their job.
- Blanks are being used.
- The person is more than one mile from any occupied structure.
- If it is to defend yourself or another person against an animal attack.
- It is for hunting during open season.
If you are unsure whether or not a specific circumstance can result in an unlawful discharge of a firearm charge, it is always a good idea to seek relevant legal advice.
Possible Defense Strategies for Unlawful Discharge
If you are charged with unlawfully discharging a firearm in Arizona, a qualified criminal defense attorney can help you craft a defense strategy that is as effective as possible. Some examples of common defenses against reckless discharge charges are:
- Claiming that the discharge was accidental and without negligence.
- Calling out the lack of evidence presented by the prosecution.
- Arguing that the discharge was needed for self-defense or defense of others.
- Challenging evidence due to unlawful police actions or errors.
Although the defenses above have been used in various court hearings relating to unlawful firearms discharges, they may not apply to your situation. Your criminal defense attorney will be able to help you craft a defense strategy tailored to the context of your charges.
Prevention and Safety Measures
Owning a gun is a big responsibility—you should always take safety precautions to avoid recklessly discharging your firearm. The following preventative measures can minimize your risk of being convicted of unlawfully discharging a firearm in Arizona.
Practice Safe Firearm Handling
Some tips that can ensure the safe handling and storage of firearms and help prevent accidents like accidental discharge are:
- Keep your firearm unloaded.
- Use a lockable cabinet or safe to store your firearm.
- Keep ammunition stored separately from the firearm.
- Always engage the weapon’s safety lock when not in use.
- Never handle a firearm under the influence of alcohol or drugs.
For more firearm handling safety tips, refer to guides from reliable resources like the Firearm Industry Trade Association.
Understand Local Regulations
Familiarizing yourself with local legislation regarding firearms and discharging them is crucial because it can keep you up-to-date on regulations specific to your area, making it easier to remain legally compliant. For example, Phoenix publishes frequently asked questions and important news about their particular laws. Understanding your region’s regulations can help you avoid accidental violations and prevent legal troubles while enhancing safety for yourself and others.
Seek Out Educational Resources
Utilizing available resources for gun safety training and relevant legal education can make it easier to handle firearms responsibly and comply with all relevant laws. Some examples of resources you can explore are:
- The National Rifle Association’s firearm training program.
- Online gun safety training from American Firearms Training.
- The Firearm Safety and Patient Health guide from the American College of Surgeons.
Delving into the resources above can help reduce the risk of accidents. However, you should still consult a qualified law team to help avoid legal complications that can come from being negligent with a gun.
What to Do if Charged With Unlawful Discharge in Arizona
If you get charged with unlawful discharge of a firearm in Arizona, you should immediately contact an experienced criminal defense attorney. With their knowledge and expert-level understanding of the courtroom, your legal representation can help you navigate the legal process. They can also ensure you know your rights and the specific charges that are being brought against you.
After catching you up to speed and calibrating your expectations for the rest of the legal process, your attorney will help you prepare a defense. Some common steps in crafting an effective defense include:
- Gather evidence – Collect relevant evidence, such as surveillance footage or witness statements that support your case.
- Document the incident – Keep detailed records about the discharge’s circumstances, including any interactions with law enforcement.
- Obtain expert testimony – Consider asking experts to testify on firearm safety to show that your gun use was safe and intentional.
- Review local laws – Guarantee you understand your jurisdiction’s specific laws and regulations related to firearm use and discharge.
Although the steps above have been a part of many people’s defense-building processes, each situation will be unique because it will reflect your unique circumstances.
JacksonWhite Can Help With Unlawful Discharge Cases
Unlawful discharge of a firearm in Arizona is a serious crime that is usually labeled as a dangerous offense, extending the potential prison sentence to 1.5 to 3 years. There are many circumstances that can result in reckless discharge of a firearm charge, ranging from shooting a handgun as a threat or discharging a firearm in city limits at a prohibited location.
Suppose you have been charged for accidental discharge of a firearm in Arizona. In that case, addressing the charge as soon as possible is crucial to increase your chances of achieving the best possible outcome. Secure legal counsel that has experience with ARS 13-3107 and other statutes surrounding firearms.
JacksonWhite Law’s top-of-the-line criminal defense attorneys have substantial experience defending people charged with unlawful firearm discharges in the greater Phoenix, Arizona, area. We can provide expert-level guidance throughout the legal process and help you understand your options. Together, we can work towards building the best defense strategy for your specific situation.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
