The Sedona Police Department removed a policy on Oct. 7 that appeared to condone the use of firing warning shots by its officers as a means to gain compliance from suspects.
It’s a tactic described by Judicial Watch Southwest Projects Coordinator Mark Spencer as “incredibly dangerous and is a city liability waiting to happen,” he wrote in August. “In police work we call this ‘Barney Fife firearms tactics.’ This policy [was] foolish because it is dangerous and costly for all involved.”
SPD Police Chief Stephanie Foley declined an interview with the NEWS to discuss the topic.
“Prohibition on Warning Shots and Similar Uses of Firearms: Firing a firearm for the purpose of issuing a warning, summoning aid, signaling, or otherwise discharging a firearm without a lawful deadly-force justification is strictly prohibited,” the Oct. 7 policy revision reads. “[Officers] shall not discharge firearms into the air, into the ground, or in any direction intended or likely to be perceived as a warning. Any discharge of a firearm must be justified under the department’s deadly-force standards and applicable law.”
“Warning and Other Shots: Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective, and reasonably safe,” the previous policy in the Sedona Police Department Policy Manual for Oct. 23, 2024 read.
Warning shots are referenced in total at three points in the October 2024 manual, and SPD and other police chiefs in Arizona had the option to update that section of the policy for their departments in 2024 when the Arizona Law Enforcement Policy — that SPD bases its own manual on — was revised.
“Fire warning shots unless it is reasonably certain that the employee’s life, or that of another person, is in imminent jeopardy,” the ALEP’s use of firearms section reads.
“Officers are taught during their academy training about reasonable force, deadly force, warning shots, when and how to use non-deadly weapons and when and how to use deadly force and firearms,” the October 2024 SPD manual section on the use of deadly force reads. “Use of a firearm is not the only means of employing deadly force; it may become appropriate for officers to protect themselves or others with means other than a firearm. When the use of techniques taught by the department is not practical under the circumstances, officers may resort to any reasonable means to overcome aggravated active aggression.”
SPD trains their officers through the Northern Arizona Regional Training Academy and Class Sgt. Mathew Wilson informed the NEWS on Sept. 29 that “warning shots are neither included in our curriculum nor authorized as part of our training. … This has been, and will remain, the standard at NARTA.”
“Competent policing for the community and warning shots don’t go well together in the real world,” Spencer said upon hearing the SPD policy change.
Judicial Watch notified the Sedona City Council on Sept. 8 that it was requesting the city to revise SPD to eliminate warning shots following a July 28 information request.
Editor’s Note:
Readers have questioned how the aforementioned “warning shot” policy complies with “Shannon’s Law,” a law passed in 2000 that criminalizes most discharging of a firearm “with criminal negligence.” Arizona state lawmakers carved out a list of exceptions for lawful firearm discharge by law enforcement as well as by private persons in self-defense, by permit, in the defense of others and the defense of property, i.e., during a burglary or break-in, during permitted hunting or at a gun range.
Arizona Revised Statute §13-3107, aka “Shannon’s Law”
Unlawful discharge of firearms; exceptions; classification; definitions
A. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
B. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.
C. This section does not apply if the firearm is discharged:
1. As allowed pursuant to chapter 4 of this title [the list of extensive exemptions to Arizona Revised Statute §13-3107 are listed below].
2. On a properly supervised range.
3. To lawfully take wildlife during an open season established by the Arizona game and fish commission and subject to the limitations prescribed by title 17 and Arizona game and fish commission rules and orders. This paragraph does not prevent a city, town or county from adopting an ordinance or rule restricting the discharge of a firearm within one-fourth mile of an occupied structure without the consent of the owner or occupant of the structure. For the purposes of this paragraph:
(a) “Occupied structure” means any building in which, at the time of the firearm’s discharge, a reasonable person from the location where a firearm is discharged would expect a person to be present.
(b) “Take” has the same meaning prescribed in section 17-101.
4. For the control of nuisance wildlife by permit from the Arizona game and fish department 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 duties as specified in section 9-499.04.
7. Using blanks.
8. More than one mile from any occupied structure as defined in section 13-3101.
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.
D. For the purposes of this section:
“Municipality” means any city or town and includes any property that is fully enclosed within the city or town.
“Properly supervised range” means a range that is any of the following:
(a) Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
(b) Approved by any agency of the federal government, this state or a county or city within which the range is located.
(c) Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.
Arizona Revised Statute, Chapter 4
JUSTIFICATION
ARS §13-401 Unavailability of justification defense; justification as defense
ARS §13-402 Justification; execution of public duty
ARS §13-403 Justification; use of physical force
ARS §13-404 Justification; self-defense
ARS §13-405 Justification; use of deadly physical force
ARS §13-406 Justification; defense of a third person
ARS §13-407 Justification; use of physical force in defense of premises
ARS §13-408 Justification; use of physical force in defense of property
ARS §13-409 Justification; use of physical force in law enforcement
ARS §13-410 Justification; use of deadly physical force in law enforcement
ARS §13-411 Justification; use of force in crime prevention; applicability
ARS §13-412 Duress
ARS §13-413 No civil liability for justified conduct
ARS §13-414 Justification; use of reasonable and necessary means
ARS §13-415 Justification; domestic violence
ARS §13-416 Justification; use of reasonable and necessary means; definition
ARS §13-417 Necessity defense
ARS §13-418 Justification; use of force in defense of residential structure or occupied vehicles; definitions
ARS §13-419 Presumptions; defense of a residential structure or occupied vehicle; exceptions; definitions
ARS §13-420 Attorney fees; costs
ARS §13-421 Justification; defensive display of a firearm; definition
