Phoenix Unlawful Discharge of Firearm Lawyer
Firing a gun within city limits—even on your own property or during celebrations—can result in serious felony charges under Arizona law. ARS § 13-3107, known as “Shannon’s Law,” makes it a Class 6 Felony to discharge a firearm within or into the limits of any municipality. This law was enacted after a 14-year-old Phoenix girl was killed by a stray bullet fired during a celebration, and prosecutors take these cases seriously.
Attorney Josh Lopez represents clients throughout Phoenix facing unlawful discharge charges, working to protect their rights and firearm privileges.
→ For comprehensive Arizona criminal defense information, see: Phoenix Criminal Defense Lawyer
Shannon’s Law (ARS § 13-3107)
The Offense
A person commits unlawful discharge of a firearm by knowingly discharging a firearm:
- Within or into the limits of any municipality, except:
- At a properly supervised range
- In lawful defense of self, others, or property
- In lawful hunting (where permitted)
- To control nuisance wildlife (with permit)
- By special permit
- In other lawful circumstances
Classification and Penalties
Class 6 Felony:
- 4 months to 2 years prison (first offense)
- Probation eligible for first offense
- Loss of firearm rights upon felony conviction
Aggravating Factors
Penalties increase with:
- Prior felony convictions
- Injury to persons
- Property damage
- Proximity to occupied structures
Related Firearms Offenses
Disorderly Conduct with Firearm (ARS § 13-2904(A)(6))
Recklessly handling, displaying, or discharging a firearm is a Class 6 Felony under the disorderly conduct statute.
→ See: Phoenix Disorderly Conduct Lawyer
Endangerment (ARS § 13-1201)
Recklessly endangering another with substantial risk of death or injury. Firearm discharge near others commonly triggers endangerment charges.
→ See: Phoenix Endangerment Lawyer
Aggravated Assault with Deadly Weapon (ARS § 13-1204)
If the discharge was directed at or endangered specific persons, aggravated assault charges may apply—carrying much higher penalties.
→ See: Phoenix Assault Lawyer
Prohibited Possessor (ARS § 13-3101)
If you cannot legally possess firearms (prior felony, domestic violence conviction, etc.), possession and discharge charges compound.
Common Scenarios in Phoenix
Celebratory Gunfire
New Year’s Eve, Fourth of July, and other celebrations see charges for firing guns into the air. This is the conduct Shannon’s Law was designed to address—bullets return to earth with lethal force.
Backyard Shooting
Shooting on private property within Phoenix city limits—even at targets—violates ARS § 13-3107 unless at a supervised range.
Warning Shots
Firing “warning shots” during confrontations typically isn’t protected as self-defense and results in criminal charges.
Accidental Discharge
Negligent handling resulting in discharge—while cleaning, handling, or demonstrating firearms.
Disputes and Confrontations
Firing during arguments or confrontations, even if no one is hit, results in multiple charges including unlawful discharge, endangerment, and potentially assault.
Defense Strategies
Lawful Self-Defense
Discharge was justified to defend:
- Yourself from imminent threat
- Others from imminent threat
- Property from criminal intrusion
Self-defense must be proportional and reasonable under the circumstances.
Supervised Range Exception
Discharge occurred at a properly supervised shooting range within city limits.
Outside Municipal Limits
The discharge occurred outside city limits where Shannon’s Law doesn’t apply. (Note: Other laws may still apply in unincorporated areas.)
Lack of Knowledge
You didn’t know the firearm was loaded or didn’t intend to discharge it. Accidental discharge may support reduced charges or defenses.
Challenging Evidence
- How was discharge location determined?
- Witness reliability
- Physical evidence connecting you to the discharge
- Whether discharge actually occurred
Firearm Rights Consequences
Felony Conviction
A Class 6 Felony conviction results in:
- Loss of right to possess firearms under federal law
- Loss of right to purchase firearms
- Requirement to surrender existing firearms
Restoration of Rights
Arizona provides a process to restore firearm rights after completing sentence, but this requires:
- Completion of sentence and probation
- Waiting period
- Petition to court
- No subsequent disqualifying offenses
Frequently Asked Questions
Is shooting a gun in my backyard illegal in Phoenix?
Yes. Discharging a firearm within Phoenix city limits—including private property—is a Class 6 Felony under ARS § 13-3107 unless at a supervised range or in lawful self-defense.
What is Shannon’s Law?
ARS § 13-3107, enacted after 14-year-old Shannon Smith was killed by a stray bullet in Phoenix, makes it a felony to discharge a firearm within any Arizona municipality.
Can I shoot an intruder in Phoenix?
Self-defense is an exception to Shannon’s Law. If you reasonably believe deadly force is immediately necessary to protect against an intruder’s use of deadly force, discharge may be justified. However, every situation is fact-specific.
What about warning shots?
Warning shots are generally not protected as self-defense and typically result in criminal charges. Arizona’s self-defense law requires that force be immediately necessary—warning shots suggest it wasn’t.
Will I lose my gun rights?
A felony conviction results in loss of firearm rights under federal law. Even if Arizona eventually restores rights, federal prohibitions may continue. Fighting the felony charge is critical to preserving gun rights.
Is unlawful discharge always a felony?
Under Shannon’s Law (ARS § 13-3107), yes—it’s a Class 6 Felony. Related offenses like disorderly conduct with a firearm are also felonies.
Contact a Phoenix Firearms Defense Attorney
Unlawful discharge charges threaten your freedom and your Second Amendment rights. An experienced attorney can evaluate defenses, challenge the evidence, and work to protect your firearm privileges.
Attorney Josh Lopez defends firearms charges throughout Phoenix and Maricopa County.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 or complete the contact form to schedule your free consultation.