Shannon's law (Arizona)
Encyclopedia
Shannon's law refers to specific changes in Arizona
statutes, enacted in 2000, making it a felony
offense to discharge firearms randomly into the air.
girl killed by a stray bullet in June 1999. Smith's parents, after being informed that the assailant's activity constituted, at most, a misdemeanor
offense, advocated stronger penalties, to prevent future tragedies of this kind.
Their campaign took them all over Arizona, and their efforts were supported by city council
s of medium-sized Arizona cities such as Tucson
. Then-Governor Jane Hull
also joined them in their cause. After the Arizona legislature
failed to pass the law twice in 1999, it finally received both state senate
and state house
approval in April, 2000, and was enacted in that July. Many groups, such as NRA
, and gun right advocates, protested the law before it was approved and enforced.
jurisdiction
s, a person charged with this offense can strike a plea bargain
with prosecutor
s, and may be eligible for only a misdemeanor conviction
. The decision of whether such an offer is available lies solely in the hands of the prosecutor, and presently these offenses are being charged as "dangerous" offenses, thereby making the accused ineligible for probation under state law, requiring a prison sentence even for a first offense.
On December 31, 2003, police in the city of Glendale
began using equipment which alerted them to the location from which a shot was fired. As random discharge of firearms are common in some areas of the U.S.
on New Year's Eve
, Fourth of July, and other holiday
s, four arrests of Shannon's law violators were made that night, and it is expected that more Arizona police
departments will receive similar equipment.
residents. Her funeral was attended by approximately 1,300 mourners. A monument, made with melted metal from confiscated firearms, was raised in her honor at her middle school by her classmates and friends. Tens of thousands of dollars in donations for the monument were primarily raised by Shannon's friends and classmates holding car washes.
After being informed by the police
that random discharge of firearms was a simple misdemeanor
, Smith's parents resolved to change the laws and ran a statewide campaign advocating harsher punishment for random shooters. Their campaign gained support from such people as then-Governor Jane Dee Hull
. In April 2000, "Shannon's law" was passed, over the opposition of such groups as the National Rifle Association
.
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
statutes, enacted in 2000, making it a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
offense to discharge firearms randomly into the air.
History
Shannon's law is named after Shannon Smith, a fourteen year old PhoenixPhoenix, Arizona
Phoenix is the capital, and largest city, of the U.S. state of Arizona, as well as the sixth most populated city in the United States. Phoenix is home to 1,445,632 people according to the official 2010 U.S. Census Bureau data...
girl killed by a stray bullet in June 1999. Smith's parents, after being informed that the assailant's activity constituted, at most, a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
offense, advocated stronger penalties, to prevent future tragedies of this kind.
Their campaign took them all over Arizona, and their efforts were supported by city council
City council
A city council or town council is the legislative body that governs a city, town, municipality or local government area.-Australia & NZ:Because of the differences in legislation between the States, the exact definition of a City Council varies...
s of medium-sized Arizona cities such as Tucson
Tucson, Arizona
Tucson is a city in and the county seat of Pima County, Arizona, United States. The city is located 118 miles southeast of Phoenix and 60 miles north of the U.S.-Mexico border. The 2010 United States Census puts the city's population at 520,116 with a metropolitan area population at 1,020,200...
. Then-Governor Jane Hull
Jane Dee Hull
Jane Dee Hull was the second woman to serve as Governor of Arizona, the first female Republican governor of the state, and the first woman to be elected to the position.-Biography:...
also joined them in their cause. After the Arizona legislature
Arizona Legislature
The Arizona Legislature is the state legislature of the U.S. state of Arizona. It is a bicameral legislature that consists of a lower house, the House of Representatives, and an upper house, the Senate. There are 60 Representatives and 30 Senators...
failed to pass the law twice in 1999, it finally received both state senate
Arizona Senate
The Arizona Senate is part of the Arizona Legislature, the state legislature of the U.S. state of Arizona. The Senate consists of 30 members representing an equal amount of constituencies across the state, with each district having average populations of 219,859 . Members serve two-year terms with...
and state house
Arizona House of Representatives
The Arizona House of Representatives is the lower house of the Arizona Legislature, the state legislature of the U.S. state of Arizona. Its members are elected to two-year terms with a term limit of four consecutive terms...
approval in April, 2000, and was enacted in that July. Many groups, such as NRA
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
, and gun right advocates, protested the law before it was approved and enforced.
Current
Violation of Shannon's law is defined as a felony offense in Arizona. However, as with most felony offenses in U.S.United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s, a person charged with this offense can strike a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
with prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s, and may be eligible for only a misdemeanor conviction
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
. The decision of whether such an offer is available lies solely in the hands of the prosecutor, and presently these offenses are being charged as "dangerous" offenses, thereby making the accused ineligible for probation under state law, requiring a prison sentence even for a first offense.
On December 31, 2003, police in the city of Glendale
Glendale, Arizona
Glendale is a city in Maricopa County, Arizona, USA, located about nine miles northwest from Downtown Phoenix. According to 2010 Census Bureau, the population of the city is 226,721....
began using equipment which alerted them to the location from which a shot was fired. As random discharge of firearms are common in some areas of the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
on New Year's Eve
New Year's Eve
New Year's Eve is observed annually on December 31, the final day of any given year in the Gregorian calendar. In modern societies, New Year's Eve is often celebrated at social gatherings, during which participants dance, eat, consume alcoholic beverages, and watch or light fireworks to mark the...
, Fourth of July, and other holiday
Holiday
A Holiday is a day designated as having special significance for which individuals, a government, or a religious group have deemed that observance is warranted. It is generally an official or unofficial observance of religious, national, or cultural significance, often accompanied by celebrations...
s, four arrests of Shannon's law violators were made that night, and it is expected that more Arizona police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
departments will receive similar equipment.
Shannon Smith
Shannon Smith had been an award-winning athlete and honor student, and had graduated from the eighth grade a few weeks prior to her death. While standing in her backyard and talking on the telephone with a friend, a stray bullet hit her in her head, causing instant death. Smith's death sparked a furor among ArizonaArizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
residents. Her funeral was attended by approximately 1,300 mourners. A monument, made with melted metal from confiscated firearms, was raised in her honor at her middle school by her classmates and friends. Tens of thousands of dollars in donations for the monument were primarily raised by Shannon's friends and classmates holding car washes.
After being informed by the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
that random discharge of firearms was a simple misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, Smith's parents resolved to change the laws and ran a statewide campaign advocating harsher punishment for random shooters. Their campaign gained support from such people as then-Governor Jane Dee Hull
Jane Dee Hull
Jane Dee Hull was the second woman to serve as Governor of Arizona, the first female Republican governor of the state, and the first woman to be elected to the position.-Biography:...
. In April 2000, "Shannon's law" was passed, over the opposition of such groups as the National Rifle Association
National Rifle Association
The National Rifle Association of America is an American non-profit 501 civil rights organization which advocates for the protection of the Second Amendment of the United States Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection...
.