571.031 Blair's Law — unlawful discharge of a firearm, offense of — penalties.

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.

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