Article Summary
- Shannon’s Law criminalizes what is deemed as a reckless discharge of a firearm in a populated area. The crime is generally charged as a Class 6 felony.
- Criminal cases do not always cover the financial losses a victim experiences after being involved in a negligent firearm discharge case. Civil suits focus on determining liability and then recouping financial losses related to the gunshot, including immediate and ongoing physical and mental care.
- There are exceptions to Shannon’s Law, including lawful self-defense, defending against a threat from an animal, while shooting inside a designated target or shooting area, and while in a designated hunting area.
Arizonans experience gun-related injuries and deaths more frequently than residents of other states, by a considerable margin. Statistics indicate that the state’s gun death rate is about a third higher than the national average, and a national advocacy group has ranked Arizona 43rd for the weakness of its gun laws.
But one state law aims to deter and apply consequences for the negligent discharge of a firearm. Shannon’s Law, also known as A.R.S. § 13-3107, makes it a crime to negligently discharge a firearm inside city limits. There are several legal exceptions where the law doesn’t apply, including in self-defense, defending against an animal threat, while in a designated hunting or target practice area and while using blank ammunition.
The legislation was signed into law in 2000 following the death of a 14-year-old girl named Shannon, who died after being hit by a stray bullet fired into the air.
Defendants charged under Shannon’s Law generally face a Class 6 felony, which includes potential prison time, even if the charge is the defendant’s first offense. The law itself criminalizes as reckless the act of firing a gun into the air in populated areas, even when no target is in mind.
By doing so, it sets a framework for criminal prosecution, but also civil litigation when it comes to suits seeking compensation for harm.
Navigating Gunshot Injury Compensation
It’s important to understand that many gun injuries in Arizona aren’t the result of a criminal attack. The negligent discharge of a firearm often refers to situations where guns are fired into the air in celebration, when firearms aren’t stored properly, when a gun is mishandled, or when they accidentally discharge.
Regardless of intent, even if they’re an accident, these gunshot wounds can be just as damaging as the next. Victims in these situations are often bystanders minding their own business, neighbors, children, and people inside their homes. Gunshot wounds are high-velocity injuries that can have lasting physical and emotional consequences.
Depending on where the gunshot wound is, injuries can lead to long-term disability, chronic pain, and even death or paralysis. From an emotional standpoint, victims can suffer from PTSD, anxiety or depression as a result. An experienced personal injury attorney, like the team at Torgenson Law, can help individuals in these types of situations navigate gunshot injury compensation in an informed way.
A stray bullet injury claim would ideally include a number of factors when calculating appropriate compensation, beginning with the cost of immediate and ongoing medical treatment for the injury. Pain and suffering, and emotional distress, are also calculated into the compensation claim, as are lost wages from missed work, reduced earning capacity, and in the most extreme cases, funeral expenses in wrongful death cases.
An experienced Arizona gun injury lawyer, like the team at Torgenson Law, understands the state’s gun statutes, can sort criminal law from civil litigation, and is well versed in negligence law and insurance disputes. It is important to remember that a criminal prosecution may not always protect or be mindful of a victim’s financial rights.
A civil suit that investigates the shooter’s actions to build a negligence case allows a victim to pursue maximum compensation.
No one should navigate a case like this alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you or a loved one has been injured by a person being negligent with a firearm, reach out to our team today.
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
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