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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
wildlife; firearms discharge; structures; distance
Purpose
Allows the discharge of a shotgun or archery equipment, within one-quarter mile but outside of one-eighth mile of a building, while taking wildlife. Establishes a rebuttable presumption that the discharge of a firearm within outlined limits is without consent, and outlines evidence that may rebut the presumption.
Background
Statute prohibits the discharge of a firearm while taking wildlife within one-quarter mile of an occupied residence without permission of the owner. Unlawful action in the taking and handling of wildlife, or failure to comply with a lawful order or rule of the Arizona Game and Fish Commission, is classified as a class 2 misdemeanor. A class 2 misdemeanor carries a sentence of up to four months imprisonment and a fine of not more than $750 (A.R.S. §§ 17-309; 13-707; and 13-802).
Wildlife means all wild mammals, wild birds and the nests or eggs thereof, reptiles, amphibians, mollusks, crustaceans and fish, including their eggs or spawn (A.R.S. § 17-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Establishes a rebuttable presumption that the discharge of a firearm within outlined limits is without consent, which may be rebutted by evidence that the occupant or property owner has granted permission for hunting or discharge of the firearm by:
a) written consent on a form that includes the name of the owner, duration of authorization and a general description of the property;
b) verbal consent; or
c) posted consent on a sign placed in a conspicuous location.
3. Removes the ability of a county to adopt an ordinance restricting the discharge of firearms within one-quarter mile of an occupied structure without the consent of the owner.
4. Defines archery equipment as a longbow, recurve bow, compound bow or crossbow that is designed to discharge an arrow or bolt through the manual or mechanical drawing of a bowstring.
5. Specifies that archery equipment does not include any device classified as a firearm by state or federal law.
6. Defines shotgun to mean a firearm that is intended to be fired from the shoulder and that uses the energy from an explosive in a fixed shotgun shell to fire either ball shot or a single projectile through a smooth bore or rifled barrel for each pull of the trigger.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole:
1. Reinstates the prohibition on the discharge of a firearm while taking wildlife within one-fourth mile of an occupied residence without the permission of the owner.
2. Specifies that shotguns and archery equipment may be discharged for the taking of wildlife within one-fourth mile, but outside one-eighth mile, of an occupied residence without permission of the owner.
3. Establishes a rebuttable presumption that the discharge of a firearm within outlined limits is without consent, which may be rebutted by evidence that the occupant or property owner has granted permission for hunting or discharge of the firearm by:
a) written consent on a form that includes the name of the owner, duration of authorization and a general description of the property;
b) verbal consent; or
c) posted consent on a sign placed in a conspicuous location.
4. Defines archery equipment as a longbow, recurve bow, compound bow or crossbow that is designed to discharge an arrow or bolt through the manual or mechanical drawing of a bowstring.
5. Specifies that archery equipment does not include any device classified as a firearm by state or federal law.
6. Defines shotgun to mean a firearm that is intended to be fired from the shoulder and that uses the energy from an explosive in a fixed shotgun shell to fire either ball shot or a single projectile through a smooth bore or rifled barrel for each pull of the trigger.
7. Makes technical and conforming changes.
Senate Action
JUDE 2/3/25 DP 4-2-1
Prepared by Senate Research
March 6, 2025
ZD/AW/ci