Unlawful Discharge of Firearms in Arizona

Every year, some individuals in Arizona fire guns into the air to celebrate occasions like New Year’s Eve—forgetting that what goes up must come down. These stray bullets can cause tragic injuries or death, as seen in the case that led the Arizona legislature to pass strict laws commonly referred to as Shannon’s Law. Discharging a firearm within city limits without justification can bring serious felony charges with life-altering consequences.

Penalties for Discharging a Gun Within City Limits

Under Arizona law, firing a gun within city limits without a valid reason is a Class 6 felony. Prosecutors typically classify it as a dangerous offense because the crime involves a deadly weapon. A dangerous offense conviction means:

• No possibility of probation
• Mandatory prison term of 1.5 to 3 years (with a presumptive sentence of 2.25 years)

This applies even if you have never been in trouble before. It underscores how seriously Arizona treats gun-related crimes.

Mens Rea (State of Mind) in Unlawful Discharge Cases

Unlawful discharge of a firearm has a relatively low threshold for criminal intent—or mens rea. Unlike many crimes that require intentional or knowing action, the prosecution can often prove unlawful discharge by showing a reckless or even criminally negligent state of mind:

• Recklessness: Consciously ignoring a substantial risk of harm.
• Criminal Negligence: Failing to perceive a substantial risk that a reasonable person would have recognized.

This means even an accidental discharge at home may result in felony charges if prosecutors argue you were negligent in handling the firearm.

Aggressive Prosecution of Weapons Offenses

Arizona law enforcement aggressively pursues weapons charges, particularly when a firearm is actually fired. As the example of an accidental discharge in your own apartment demonstrates, a single mistake can label you a felon and lead to prison time. Prosecutors often see unlawful discharge as a dangerous offense, limiting plea options and imposing mandatory prison upon conviction.

Real-World Example

Recently, our firm defended a client who accidentally fired a gun inside their apartment, and the bullet passed through a shared wall. Fortunately, no one was injured. Despite the accident, the prosecution charged the client with a Class 6 felony dangerous offense. After lengthy negotiations, we managed to have the “dangerous” allegation dropped, making the client probation-eligible. Eventually, the charge was designated as a Class 6 “open” felony, allowing it to become a misdemeanor upon successful completion of probation.

Facing Unlawful Discharge Charges in Prescott?

If you have been arrested or charged with unlawful discharge of a firearm or other weapons offenses in Prescott or nearby areas, you should consult an experienced defense attorney before entering any plea. At Ted Law, we have decades of experience defending clients facing gun-related charges. Our team knows the strategies to reduce or dismiss charges—and we aim to protect your rights and your future.

Call (928) 776-1782 or contact us online today for a free consultation. Don’t let a momentary lapse in judgment follow you for the rest of your life. We can develop a defense tailored to your circumstances.