Hunters shooting over public roads

Discussion in 'Hunting Lounge' started by gavinspop, Sep 29, 2020.

  1. lynn1130

    lynn1130 Staff Member Mod Premium Member

    3,003
    3,125
    2,318
    Below is the state 13 code which is a felony but criminal negligence may be hard to prove in some cases and there is a 1/4 mile G&F Reg (or used to be). I am still looking for that and it says without the owners permission. It is not a felony. A peace officer can arrest on probably cause with a felony. See C8 below.

    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.

    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.
     
  2. lynn1130

    lynn1130 Staff Member Mod Premium Member

    3,003
    3,125
    2,318
    Shoot Too Close To An Occupied Building or Residence (A.R.S. 17-309 A 4) Page 86 (R12-4-303) Pages 102 and 103Without the resident’s permission, you may not discharge a firearm, arrow or bolt, hybrid device, or pneumatic weapon .35 caliber or larger within 1/4 mile (440 yards) of any occupied residence while taking wildlife. All structures including barns, sheds and cab-ins should be assumed occupied. This is one of the most common violations during dove and quail seasons.
     

  3. I was speaking from a safety stand point. Not a legal one
     
  4. lynn1130

    lynn1130 Staff Member Mod Premium Member

    3,003
    3,125
    2,318
    Moot point. If you are shooting within that mentioned distance around any of the building mentioned above without permission you are in violation of the law and safe or not, cannot legally do it.
     
  5. you are correct, that is why I thought it may be easier to prosecute. The OP was thinking of safety, I was thinking that the 1/4 mile rule could be something law enforcement could more easily use than the fact they shot over a road.
     
  6. I think it Great to Have LEO as a member as also as a Staff member also. Most legal LEO points are covered by LYNN !!!! Thanks
     
    az-jim likes this.
  7. It would have been about 300-400 yards is my guess. So I think you'd have to range it to be exact. My biggest concern was not distance, it was the fact that they were shooting with houses 20 or 30 degrees to their left.