legality question

[icorus16666]

i had a visitor this morning in the form of a snake. Since i live so close to south mtn preserve i assumed the worst. I did not want to wait for animal control so is used a fire extinguisher to shock it then a shovel to chop the head off. I was in fear of it being poisonous and an immediate threat to my family. The .38 was locked up and i didn't want to go find the snake shot either. But if i did discharge my weapon in my house which is within city limits would i be held legally responsible or would i just have to call the police informing that i discharged, and had them come out. I looked reading 13-3107 and it talked about permits, which i do not have. I understand that i should talk to my local municipality but i'm a busy guy and hate dealing with bureaucracy. Any guidance would be helpful.

[HuskyTac]

**This is only my opinion**
Well I know there isn't any permits to discharge a firearm
Also in AZ, you don't need a permit to own or purchase a handgun.
I would imagine if you felt the need to fire a gun in your house, fearing for your life "poisonous snake" It would be legal. It would probably be smart to contact the police.
You should also note the if it's your gun, its your responsibility whether you meant to fire it or not.
I think the best way to get an answer would be to actually call the police and ask them that question.

I have snake shot for my .44, and honestly its not that loud, so there's a good chance no one would hear it. There is also not much penetration at all.

I had a "not so great" experience a few years ago when I accidentally discharged my 1911 in my apartment. Thank god no one heard it, but the bullet went through my mattress, through the wall and was laying on the floor of the next room. I didn't call the police, and no one ever mentioned it, so I got let off easy. My wife was freakin pissed though.

In the end, I put the bullet back in its casing, and tied a lanyard around it and consider it my good luck charm, and remember not to be a lazy dumbass when it comes to live firearms.

[Paradox]

To add to what husky said which seems pretty straight forward. I wouldn't necessarily shoot a snake. You would be shooting at the ground. That bullet could ricochet.

[Ganef]

If the problem can be solved without a gun, don't use a gun. If it can only be solved with a gun, there is probably more important things for the police to be concerned with.

Killing a snake in your yard does not require a gun, and I highly doubt you can convince a cop that you needed to shoot your gun within city limits if your life was not on the line and alternatives were readily available. Just don't.

[Hawk]

If the problem can be solved without a gun, don't use a gun. If it can only be solved with a gun, there is probably more important things for the police to be concerned with.

Killing a snake in your yard does not require a gun, and I highly doubt you can convince a cop that you needed to shoot your gun within city limits if your life was not on the line and alternatives were readily available. Just don't.

^this

To back up what ganef said, ARS 13-3107C9 reads (as an exception to the statute):

9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.

You'll have to prove to a jury that shooting a snake was "immediately necessary and reasonable under the circumstances" instead of utilizing a different method. Just because you have a hammer doesn't mean every solution is a nail.

In addition, there may also be local ordinances that may apply depending on your location.

[Uchiha Itachi]

You claim it was immediate, yet you had time to get both a shovel and fire extinguisher. Then managed to kill the snake without the use of a firearm. You also admit you could have called animal control or a removal service. I'd listen to the others......

[icorus16666]

Yeah i realize that there was other methods but time was factor for me. It cornered itself in several boxes and i didn't want to move the boxes for fear of being bit. And to combat the removal service claim it was 5 am in the morning and i didn't want a baby rattler cruising around my house till they got there. Thanks for your advice gentlemen, either way i'm glad i didn't have to deal with the police about removing a threat in my house.

[Apacolypsio]

Talked to my dad about this. He is current phoenix PD has been for my entire life and more, former detective now sergent I live in south mountain precinct he used to be out of this precinct blah blah blah basically he knows the rules.. now, He is not very talkative but he said "theres nothing wrong with it. if you want to shoot it and your ok with your houses floor getting damaged then shoot it", he said "try not to miss that would be embarasing" he also said "now if you were shooting a snake out of a tree that would be an issue" thats due to the rounds and were they are going (I understand that it was snakeshot) otherwise if your firing at a snake on the floor in your house or on your property and it isnt a threat to the communtiy around you theres no legality issues to it the only thing you have to look out for is PETA protestors. now coming from me, you should also look up what kind of snakes and critters we have here in arizona however because we have alot of snakes and spiders but only a few are dangerous like the black widow, ratler, brown recluse (fuck those things) and killing a harmless snake is also emberassing if someone killed my califonia king or my bearded dragon I would be pissed.

[XavierMace]

Police Officer <> Lawyer. 

I don't mean that as a slight towards your dad in the slightest.  But ultimately lawyers get the final say, not LEO.  The laws about discharging a firearm inside city limits are pretty clear (and have already been posted).  Just because your dad interprets that to mean it's OK doesn't mean all LEO's do.  More importantly, that doesn't mean a Lawyer or Judge will.

[Crono0001]

Police Officer <> Lawyer. 

I don't mean that as a slight towards your dad in the slightest.  But ultimately lawyers get the final say, not LEO.  The laws about discharging a firearm inside city limits are pretty clear (and have already been posted).  Just because your dad interprets that to mean it's OK doesn't mean all LEO's do.  More importantly, that doesn't mean a Lawyer or Judge will.

This.
The only reason you should ever use your gun is if you feel extremely threatened and see no other solution.  Seeing as how you had adequate time to take care of a snake by other means: there was definitely a solution.

[icorus16666]

thanks for all your suggestions gents i'm just going to lock this thread before people start shit throwing and talking out there asses.