Unlawful Discharge of a Firearm | Shannon's Law ARS 13-3107

Shannon’s Law is an important piece of legislation in Arizona aimed at preventing accidental harm from firearms. It was enacted in response to the heartbreaking death of Shannon Smith, a 14-year-old girl in Phoenix, who was tragically killed in 1999 by a stray bullet fired into the air during a celebration.

This tragedy prompted lawmakers to address the potential dangers of celebratory gunfire and similar actions that could unintentionally endanger others.

Before Shannon’s Law, firing a gun into the air, even in populated areas, was treated as a misdemeanor in Arizona. However, after Shannon’s death, public demand for more serious measures led to the passing of this law in 2000. Shannon’s Law made the unlawful discharge of a firearm within or into the limits of a municipality a Class 6 felony under ARS 13-3107.

The law recognizes that even when no harm is intended, discharging a firearm in public spaces or densely populated areas can have unintended and dangerous consequences.

Under Arizona Revised Statute (ARS) 13-3107, the unlawful discharge of a firearm is defined as the act of discharging a firearm with criminal negligence within or into the limits of any municipality. This offense is classified as a Class 6 felony,

Key stipulations from ARS 13-3107 include the following:

• Criminal Negligence: The law applies to situations where the person discharging the firearm acts with criminal negligence. This means the individual failed to recognize a substantial and unjustifiable risk that firing the gun would pose. It’s important to note that this charge can apply even if no one was injured, as it focuses on the potential danger of discharging a firearm within city or town limits.

• Class 6 Felony: Violating this statute results in a Class 6 felony, unless a dangerous offense is alleged and proven, in which case more severe penalties could apply under section 13-704. Otherwise, section 13-604 applies, addressing non-dangerous offenses.

However, ARS 13-3107 also outlines specific situations where the discharge of a firearm is not considered unlawful:

1. Lawful Activities: If the discharge occurs as allowed by law under Chapter 4 of the Arizona statutes, such as on a properly supervised shooting range or while lawfully taking wildlife during an open season authorized by the Arizona Game and Fish Commission, the law does not apply.

2. Occupational and Permitted Discharges: The law permits discharges under specific conditions, such as when controlling nuisance wildlife with a permit, by special police permit, or by an animal control officer performing their duties under section 9-499.04.

Defensive Discharge: Discharging a firearm in self-defense, or to defend another person from an animal attack, is also exempt, provided that a reasonable person would believe deadly force is necessary.

Criminal negligence plays a key role in unlawful discharge cases in Arizona. To be charged under ARS 13-3107, the prosecution must prove that the individual acted with criminal negligence.

This means that a “reasonable person” in the same situation would have recognized the substantial and unjustifiable risk involved in firing a gun.

For example, if someone discharges a firearm into the air during a celebration without considering the potential harm, this could be deemed a gross deviation from the standard of care that a reasonable person would observe. In cases like this, criminal negligence could lead to a conviction under Shannon’s Law.

Violating Shannon’s Law is classified as a Class 6 felony in Arizona. This means that the penalties can be harsh, including:

• Up to 2 years in prison if convicted,
• Significant fines,
• Probation, and
• A permanent criminal record.

A felony conviction can have long-lasting effects, such as difficulty finding employment, restrictions on gun ownership, and more. The severity of the punishment will depend on factors like whether anyone was injured by the firearm discharge or whether it was a repeat offense.

Facing charges under Shannon’s Law can feel overwhelming, especially since the offense is classified as a Class 6 felony. However, there are legal defenses available that can help challenge the elements of the charge, and in some cases, explore alternative resolutions such as plea bargains or reduced sentencing. 

Disproving Criminal Negligence

To secure a conviction under Shannon’s Law, the prosecution must prove criminal negligence. This means the individual must have discharged the firearm with a substantial disregard for the risk posed to others. A defense may focus on challenging this by showing that:

• Accidental Discharge: If the firearm discharged unintentionally—due to a malfunction or other circumstance beyond the shooter’s control—the situation may not meet the standard for criminal negligence. Showing this lack of intent can help mitigate or even dismiss the charges.

• Unawareness of Municipal Limits: In some cases, the person may not have realized they were within city limits or near an occupied structure. For instance, if the discharge occurred more than one mile from any occupied structure, or if the shooter was genuinely unaware of being within a municipality, this could be a strong defense.

• Self-Defense or Defense of Others: Shannon’s Law provides an exception for discharging a firearm in self-defense or to protect someone else. If the circumstances show that the defendant reasonably believed an immediate threat was present—such as an animal attack—this may negate criminal negligence and result in dismissal of the charges.

Plea Bargains and Reduced Sentencing Options

If the evidence against you is strong, there may still be opportunities to negotiate a more favorable outcome. Many defendants opt for a plea bargain in which they admit guilt to a lesser charge, such as a misdemeanor rather than a felony charge.

This strategy could help avoid the long-term consequences of being guilty of a Class 6 felony, such as imprisonment and loss of gun rights.

Additionally, Arizona courts may consider reduced sentencing options. First-time offenders, for example, might avoid jail time through probation, community service, or rehabilitation programs. A skilled criminal defense attorney can negotiate on your behalf to achieve the best possible outcome.

If you’ve been charged with unlawful discharge of firearms under Shannon’s Law, having an experienced legal advocate in your corner is beneficial. At Guardian Law, Christian Lueders brings years of expertise as both a former prosecutor and an experienced criminal defense attorney.

With his understanding of criminal law and extensive trial experience, Christian is well-equipped to develop a personalized defense strategy that addresses the specifics of your case.

Whether you need help disputing the facts of the charge, exploring exceptions such as having a permit from the Arizona Game and Fish Department, or seeking a plea deal for a lesser offense, Christian and his team are here to guide you through the process. 

Contact Guardian Law today for a consultation with an attorney in Phoenix who will prioritize your rights and work toward the best possible outcome for your situation.