PREFILED JAN 05 2017
REFERENCE TITLE: unlawful discharge of firearms; exception
State of Arizona
House of Representatives
First Regular Session
amending section 13‑3107, Arizona Revised Statutes; relating to firearms.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3107, Arizona Revised Statutes, is amended to read:
13-3107. Unlawful discharge of firearms; exceptions; classification; definitions
A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13‑704, subsection L, section 13‑604 applies to this offense.
C. This section does not apply if the firearm is discharged:
1. As allowed pursuant to chapter 4 of this title.
2. On a properly supervised range.
3. To lawfully take wildlife during an open season established by the Arizona game and fish commission and subject to the limitations prescribed by title 17 and Arizona game and fish commission rules and orders. This paragraph does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure without the consent of the owner or occupant of the structure. For the purposes of this paragraph:
(a) "Occupied structure" means any building in which, at the time of the firearm's discharge, a reasonable person from the location where a firearm is discharged would expect a person to be present.
(b) "Take" has the same meaning prescribed in section 17‑101.
4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
5. By special permit of the chief of police of the municipality.
6. As required by an animal control officer in the performance of duties as specified in section 9‑499.04.
7. Using blanks rat shot or snake shot that consists of pellets that are 1.3 millimeters or less in diameter and that are loaded in a rimfire cartridge with a caliber that does not exceed twenty‑two hundredths of an inch.
8. More than one mile from any occupied structure as defined in section 13‑3101.
9. In self‑defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
D. For the purposes of this section:
1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.
2. "Properly supervised range" means a range that is any of the following:
(a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
(b) Approved by any agency of the federal government, this state or a county or city within which the range is located.
(c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.