Arizona Gun Negligence Laws

Negligence is the failure to exercise the level of care that a reasonably prudent person would have exercised in a similar situation. Negligence is an important factor in considering accidental shootings because it often involves irresponsibility and a lack of caution.

Violations of Arizona gun negligence laws can result in unexpected consequences, which can lead to an accidental shooting. It may include leaving a loaded gun unsecured or not properly training someone on how to safely use a weapon. It may also take the form of someone recklessly handling a firearm or shooting into the air irresponsibly. Using a firearm while under the influence of alcohol or drugs or shooting when in an emotionally agitated state can also be construed as negligence.

The consequences of someone’s negligence can be hazardous and even fatal. Accidental shootings are often preventable if the necessary care is taken when handling a firearm. To help avoid such tragedies and negligence charges, it is imperative that people who use firearms be educated on gun safety measures and use the weapon responsibly.

Have you been injured in a firearm accident? Do you think the other party was acting negligently? These cases are very complex in the eyes of the law, and there are several things to understand. The information below will help you grasp some key concepts, but make sure you contact the lawyers at Torgenson Law for a full case evaluation.

Criminal Negligence vs. Non-Criminal Negligence

Criminal negligence in Arizona gun negligence laws is the deliberate disregard for the safety of others when it comes to handling and using firearms. This includes using firearms modified for purposes other than what is legally allowed or possessing a firearm when a person knows they’re not allowed to possess it.

Non-criminal negligence in Arizona gun laws is a less severe form of negligence and is typically a result of carelessness or not exercising reasonable care or caution. Examples of such would include failing to properly store and secure a firearm, failing to perform background checks before allowing someone to purchase a firearm or allowing a minor to gain access to a firearm. This type of negligence is not considered as serious as the more deliberate crimes of criminal negligence in Arizona gun negligence laws.

Arizona gun laws also consider it the responsibility of gun owners to be safe and diligent when handling firearms. Penalties for not properly adhering to the applicable laws and regulations, such as criminal negligence and non-criminal negligence, can include fines, probation, revocation of gun ownership rights, or even jail time. It is important for gun owners in Arizona to understand and adhere to local, state, and federal laws and regulations to prevent potential criminal or non-criminal negligence charges from being filed.

What Is a “Dangerous Offense?”

In Arizona, a dangerous offense under A.R.S. 13-105 is defined as a crime that involves the “discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, or the intentional or knowing infliction of serious physical injury on another person.”

Arizona gun negligence laws classify these offenses as dangerous offenses and impose severe consequences. This can range from mandatory prison sentences to large fines and permanent loss of gun rights. Examples of dangerous offenses include manslaughter, aggravated assault, drive-by shootings, and discharging a firearm in a public place.

Dangerous offenses can include any crime involving a deadly weapon under the Arizona Criminal Code. This applies to both firearms and other deadly weapons such as knives, clubs, and explosives. Dangerous offenses also include possession of a deadly weapon with intent to use it to commit a felony. A dangerous offense does not have to involve actual harm to another person, only the potential for harm.

The penalties for committing a dangerous offense can vary based on the severity of the crime. More serious cases can result in life in prison. Less serious cases result in a lesser sentence, such as several years in prison and a large fine. For certain less serious offenses, alternative punishments or probation may also be available.

It is important to understand the seriousness of Arizona’s dangerous offenses. By following state laws and exercising caution when handling any type of deadly weapon, you can avoid severe punishment if convicted of a dangerous offense.

Common Gun Negligence Issues

Common gun negligence issues refer to the irresponsible or reckless use of a firearm, which is a major source of concern and can lead to injury, death, or criminal charges. Negligent firearm use includes improper storage of a weapon, the unlawful firing of a gun, and not possessing adequate knowledge to effectively use a firearm.

Most negligent firearm use can be reduced to three main categories:

1. Improper storage of the weapon. When storing a firearm in the home, the gun should always be stored in a safe or locked closet with a trigger safety device engaged.
2. Improper operation of the weapon. If a weapon is to be operated, it should always be treated as if it were loaded, and it is essential to follow all necessary safety protocols to ensure that those in the vicinity are safe.
3. Improper disposal of the weapon. When disposing of a firearm, always ensure it’s done properly, such as contacting local authorities or going through an official gun collection program.

When a person discharges a firearm negligently, the most common types of charges they could face are based on endangerment. It is a crime to use a firearm to recklessly create a risk of injury or death to another person, and this can be punishable with up to 18 months imprisonment in Arizona. Additional charges may include property damage, negligence, and endangering a minor, which could bring a prison sentence of up to two years.

A more serious offense is unlawfully discharging a firearm, which is classified as a Class 6 felony in Arizona. This charge is typically used if someone recklessly fires a firearm, causing injury or death to another person, or if they discharge it in a public place while directly endangering bystanders. This charge carries a prison sentence of up to two years and fines of up to $150,000.

How Can Torgenson Law Help

If you or a loved one have been injured by someone with a firearm, you need a competent criminal defense attorney by your side. We offer a free, confidential initial consultation about the specifics of your case. At Torgenson Law, our attorneys can help ensure your rights are protected and will fight to secure compensation for your injuries. Call us today at 602-900-9019 or reach out online to get started.