What This Statute Says
This section sharply limits civil suits over the otherwise lawful use of a firearm, air gun, or archery equipment, especially when the conduct happens on private land.
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 section 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.
A.R.S. § 12-558.01(A)How the Statute Tilts Toward the Shooter
- Only the attorney general or a neighbor within a quarter mile can sue to enjoin the activity.
- The burden of proof on the plaintiff is clear and convincing evidence, higher than the ordinary preponderance standard.
- The prevailing party recovers reasonable attorney fees and costs, except for officers or entities of the state.
- Property value loss claims tied to lawful discharge must be proven by clear and convincing evidence.
What This Means for Arizona Families
Arizona families with rural property, target ranges, or hunting traditions often build those interests into the long-term value of the land. This statute protects that use of the land against most civil challenges from non-neighbors and against ordinary-preponderance lawsuits over property value.
From an estate planning angle, the statute matters when a family is dividing or selling land that has long been used for lawful shooting or archery. Heirs need to understand both the protections this statute provides to ongoing use and the narrow window neighbors still have to sue. Our FAQ on preventing family conflict over an estate covers how to handle these property questions before they become disputes among heirs.