Section 571.031

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 571

Effective - 28 Aug 2024   

  571.031.  Blair's Law — unlawful discharge of a firearm, offense of — penalties. — 1.  This section shall be known and may be cited as "Blair's Law".

  2.  A person commits the offense of unlawful discharge of a firearm if he or she recklessly discharges a firearm within or into the limits of any municipality.

  3.  This section shall not apply if the firearm is discharged:

  (1)  As allowed by a defense of justification under chapter 563;

  (2)  On a shooting range that is:

  (a)  Indoor;

  (b)  Owned or operated by the state or any political subdivision;

  (c)  A commercial shooting range, including any range used by paying members; and

  (d)  Supervised by any person eighteen years of age or older;

  (3)  To lawfully take wildlife during an open season established by the department of conservation.  Nothing in this subdivision shall prevent a municipality from adopting an ordinance restricting the discharge of a firearm within one-quarter mile of an occupied structure;

  (4)  For the control of nuisance wildlife as permitted by the department of conservation or the United States Fish and Wildlife Service;

  (5)  By special permit of the chief of police of the municipality;

  (6)  As required by an animal control officer in the performance of his or her duties;

  (7)  Using blanks;

  (8)  More than one mile from any occupied structure;

  (9)  In self-defense or defense of another person against an imminent or ongoing animal attack unless the self-defense or defense of another person is a gross deviation from the standard of care which a reasonable person would exercise in the situation to protect oneself or the other person from such animal attack and such person shall not have a duty to retreat;

  (10)  In defense of a domestic animal against an imminent or ongoing animal attack, unless the defense of the domestic animal is a gross deviation from the standard of care which a reasonable person would exercise in the situation to protect a domestic animal from attack; or

  (11)  By law enforcement personnel, as defined in section 590.1040, or a member of the United States Armed Forces if acting in an official capacity.

  4.  A person who commits the offense of unlawful discharge of a firearm shall be guilty of:

  (1)  For a first offense, a class A misdemeanor;

  (2)  For a second offense, a class E felony; and

  (3)  For a third or subsequent offense, a class D felony.

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(L. 2024 S.B. 754, et al.)