Unlawful Discharge of a Firearm

Under A.R.S. § 13-3107, a person commits unlawful discharge of a firearm by discharging a firearm with criminal negligence within or into the limits of any municipality. This statute is sometimes called Shannon’s Law, named after a teenager who was fatally struck by a stray bullet in Phoenix.

Criminal Negligence

The statute requires proof that the defendant acted with criminal negligence — a gross deviation from the standard of care that a reasonable person would observe. Ordinary carelessness or an accidental discharge may not meet this standard.

Penalties

Unlawful discharge of a firearm is a Class 6 felony, punishable by up to three years in state prison for a first offense.

Exceptions

The statute provides several exceptions, including discharge in lawful self-defense or defense of another person, discharge at an approved shooting range, and discharge by a law enforcement officer in the performance of official duties.

Defenses

Defenses include challenging whether the discharge occurred within municipal limits, arguing the discharge fell within a statutory exception, disputing that the defendant’s conduct rose to the level of criminal negligence, and challenging the evidence connecting the defendant to the discharge.