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Unlawful Discharge of a Firearm in Arizona Penalties

Much like Texas and Utah, Arizona takes its gun rights very seriously. If you’re a gun enthusiast, Arizona is one of the best states to live in because it takes pride in citizens’ ability to bear arms, and protect themselves and their communities. However, with gun rights, citizens have a big responsibility.

You may be legally entitled to own a firearm, but that does not mean you can shoot it anywhere. Arizona has strict laws in place that define where a firearm can be shot, and where it cannot be discharged. If you’re target shooting up in the mountains, far away from city limits, you’re probably safe. On the other hand, if you’re at a park, a bar, or anywhere within city limits, it’s illegal for you to discharge a firearm unless you are:

  • At a properly supervised shooting range,
  • Using the weapon in self-defense and deadly force is necessary, or
  • Using the weapon against an animal to protect yourself or another person in an animal attack.

What Does AZ Law Say?

Unlawful discharge of a firearm is covered under Section 13-3107 of the Arizona Revised Statutes. Under Sec. 13-3107(A), it reads: “A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.” Depending on the facts of the case, a Class 6 felony is punishable by .33 years (mitigated) to 2 years (aggravated) behind bars.

For example, if “John” shot his handgun in his backyard with no neighbors living close by, he may be sentenced to less than six months in jail. On the other hand, if he shot his weapon at a park where children play on the playground, the state may feel that because of the location and circumstances of the incident, that he should spend closer to two years in prison for his mistake.

Are you facing felony charges for unlawfully discharging a firearm within city limits in Phoenix? If so, contact our firm to schedule a free case evaluation with Attorney Davidson, who is a former prosecutor.

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