Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
A. Notwithstanding any other law, the otherwise lawful discharge of a firearm or air gun or the use of archery equipment may not be enjoined except by:
1. An action maintained by the attorney general to abate a public nuisance pursuant to § 13-2917.
2. A private nuisance cause of action or an action based on negligence that is filed by a person who is occupying a permanent residence that is located within one-fourth mile of the location of the discharge or use.
B. The burden of proof is clear and convincing evidence in an action that is filed pursuant to subsection A of this section or in an action for damages that is based on negligence in the otherwise lawful discharge of a firearm or air gun or the use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis and that is filed by a person who was not lawfully present at the same private lot or parcel of land at the time that the alleged discharge occurred.
C. The prevailing party in an action filed pursuant to this section, except an officer or entity of this state, shall recover reasonable attorney fees and costs.
D. In an action alleging damages from the loss of property value due to the otherwise lawful discharge of a firearm or air gun or the use of archery equipment on a private lot or parcel of land that belongs to another person, the lost value shall be proven by clear and convincing evidence.
Cite this article: FindLaw.com - Arizona Revised Statutes Title 12. Courts and Civil Proceedings § 12-558.01. Actions related to the lawful discharge of a firearm; burden of proof; attorney fees and costs - last updated January 01, 2025 | https://codes.findlaw.com/az/title-12-courts-and-civil-proceedings/az-rev-st-sect-12-558-01/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)