Shooting a gun in city limits

shooting a gun in city limits

a. Except as otherwise provided herein, it is unlawful to discharge any firearm or air gun within the City limits. b. Subsection a. A. It is unlawful for any person to discharge a firearm in the City or upon its boundaries. · B. This Section does not apply to: · 1. A person discharging a. This states that the reckless firing of a gun inside a city with a population of more than 100,000 is a criminal offense. Keep in mind this law also authorizes.

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While the right to keep and bear arms is constitutionally protected, states have long restricted how and when people can use firearms. All states, as well as cities and municipal governments, have laws or ordinances which prevent people from firing or discharging a weapon under certain circumstances. These laws, often known as unlawful discharge, negligent discharge, or unlawful use of a weapon, differ widely between states and cities.

Unlawful Discharge Defined

Unlawful discharge laws typically punish the unlawful firing of a firearm, such as a pistol or shotgun, but they may also apply to other weapons such as crossbows, shooting a gun in city limits, blowguns, and BB or pellet guns. Unlawful discharge laws prohibit firing any weapon in certain areas or under specific circumstances, such as firing from a moving vehicle, firing across a state highway, or firing into or at an occupied building.

Illegal Use

Some states have laws which prohibit the illegal use of a weapon. Such laws prohibit illegal discharge of a weapon, but they may also prohibit such conduct as brandishing a firearm in an angry or threatening manner, firing a weapon within 100 yards of a school, and handling or firing a weapon while drunk.

Intentional, Negligent, or Careless Discharge

You cannot commit an unlawful discharge of a weapon if you fire it accidentally. A prosecutor must show you intentionally fired the weapon, but does not have to show you did so maliciously or with the intention to hurt someone or damage property. Prosecutors typically show your intent from the circumstances surrounding the situation, witnesses testimony, or even your own statements.

Location, Time, and Manner

Many cities and municipalities have adopted unlawful discharge ordinances which prohibit the firing of a weapon inside a specified geographic area, such as within a city's boundaries. In such areas it is illegal to fire a weapon even if you are cory mcginnis baseball private property within the city limits, though such ordinances do allow for specific exceptions.

Unlawful discharge laws allow people to legally discharge a weapon in certain situations. Common exceptions include firing the weapon in a gun range or shooting gallery, firing blank ammunition during an athletic contest, firing a weapon in self defense, or firing while hunting.

Reckless Discharge

Many states also have laws that prohibit the reckless discharge of a weapon. Reckless discharge laws primarily target celebratory shooting or firing, such as shooting a pistol into the air to celebrate the new year or the 4th of July. This crime occurs when a person fires a weapon in a way which might result in someone else getting killed or hurt.

Penalties

Unlawful discharge of a weapon crimes can be either misdemeanor or felony offenses depending on the state and the circumstances of the case. Misdemeanor offenses are less serious than felony offenses, though both can shooting a gun in city limits in significant criminal penalties.

  • Jail. Jail sentences for the unlawful discharge of a weapon differ widely depending on the state or city. For some city ordinance violations there may be no associated jail time penalty at all, while misdemeanor charges can result in a few days or up to a year in jail. Felony offenses, especially where a person fired into an occupied home or fired in a way that risked human safety, can result in prison sentences of five years of more.
  • Fines. Fines for illegal discharge convictions also vary significantly. City ordinance fines can be as small as five dollars, while misdemeanor fines typically range between about $50-$1,000. Felony fines are often much more significant, sometimes as high as $10,000 or more.
  • Probation. You can also be sentenced to probation for the illegal firing of a weapon. Probation sentences typically last at least 12 months, but can exceed three years in some situations. When you're on probation you have to meet specific conditions, such as paying all court costs and fines, taking a drug and alcohol rehabilitation program if substance abuse was involved, regularly reporting to a probation officer, and not committing more crimes. Failing to comply with any probation condition can result in a court revoking probation and imposing a jail sentence, imposing additional fines, extending the length of probation, or other penalties.
  • Firearmsrestriction.Federal firearms law prohibits any convicted felon from possessing a gun. This means that shooting a gun in city limits you're convicted of a felony criminal discharge crime, you will be required to get rid of any guns you already own, and you won't be allowed to buy new ones legally.

Speak to an Attorney

Any criminal charge involving a weapon is a serious situation. If you've been charged with the unlawful discharge of a weapon you face significant penalties that can negatively impact your life, your family, and your job, shooting a gun in city limits. You need to speak to a local criminal paintball cut throat lane as soon as you're arrested, charged with a crime, or questioned by the police for any weapons charge, shooting a gun in city limits. A local criminal lawyer who has experience with local prosecutors, police, and judges will be able to give you advice and protect your rights at all stages of the criminal justice process.

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Within the City limits of the City of Ashland, no person shall fire or discharge a firearm, crossbow, bow and arrow, blowgun or other gun, including spring or air-actuated pellet guns, air guns, or BB guns, or other weapons which propel a projectile by use of gunpowder or other mechanism, explosive, jet, or rocket propulsion, without the consent of the Chief of Police.

The provisions of this section shall not be construed to prohibit the firing or discharging of a firearm or weapon by a:

Person in the lawful defense or protection of such person’s property, person, or family as set forth in ORS 161.195;

Peace officer or member of the military discharging a firearm or weapon while acting within the scope of his or her official duty;

Government employee discharging a firearm or weapon when authorized and required by his or her employment or public office to carry or use firearms or weapons and while acting within the scope of his or her official duty;

Person conducting an athletic contest who fires blank ammunition in a plugged firearm toward the sky;

Person authorized by permit of the chief of police to discharge blank ammunition or a weapon for a lawful purpose (e.g. ceremony);

Person lawfully engaging in hunting in compliance with rules and regulations adopted by the State Department of Fish and Wildlife;

Person discharging a firearm or weapon on a licensed public or private shooting range, shooting gallery or other approved area designed or built for the purpose of target shooting, when such person is a member or guest of said range or area;

Person discharging a bow and arrow for target shooting (target arrow) on their own property or on another’s property with the owner’s consent, provided the target is of sufficient size or arrangement to prevent the arrow from leaving the property.

Discharging weapons is a Class A misdemeanor if the weapon discharged constitutes a firearm under Oregon law. Discharging weapons is a Class I violation if the weapon discharged is not a firearm under Oregon law. (Ord. 3026, amended, 08/03/2010)

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Preemption Statute

Tennessee has a broad statute preempting most local gun safety laws. This law states:

“[T]he general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, shooting a gun in city limits, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation. No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof.”1

Newly enacted state legislation in 2021 also generally prohibits local governments in Tennessee from creating or maintaining gun owner registries, as defined.2

Tennessee law authorizes parties to file civil suits against state and local governments or local government agencies, departments, or officials if they are adversely affected by an ordinance, resolution, policy, rule, or other enactment that is adopted or enforced in violation of the state’s preemption law, or by the defendant’s creation or maintenance of a gun owner registry in violation of Tennessee’s relevant law.3 The adversely affected party may seek declaratory and injunctive relief as well as damages, and state law provides that prevailing plaintiffs in these actions are also entitled to court costs and attorney’s fees.4

Exceptions

Tennessee law provides some exceptions to the preemption statute above.5 These exceptions generally allow for local regulation of:

  • The carrying of firearms by local government employees or independent contractors when acting in the course and scope of their employment or contract;
  • The discharge of firearms within the limits of the city, county, town municipality or metropolitan government;
  • The location of shooting ranges; and
  • The enforcement of state or federal firearm and ammunition laws.

Local governments may generally prohibit the possession of weapons at meetings conducted by, or on property owned, operated, managed or under the control of the government entity, if hkm sports equipment boots compliance with specific signage requirements.6 In order to restrict possession of a handgun by any person with a Tennessee handgun carry permit on local government property, local governments must generally ensure certain security measures are in place, including metal detectors and security officers.7. These security requirements do not apply to specified public buildings, however, including schools, colleges or universities, libraries, licensed mental health and substance abuse facilities, law enforcement agency buildings, and courtrooms.8

Interpretation

As of sport chek burton snowboard boots date this page was last updated, Giffords Law Center is not aware of any significant cases interpreting Tennessee’s preemption statutes.

However, the Tennessee Attorney General has addressed whether local governments may prohibit the possession of handguns or long guns on publicly owned property.9 Reviewing the provisions of both Tennessee Code Annotated sections 39-17-1314(a) and 39-17-1359, the Attorney General opined that although section 39-17-1314(a) precludes local government entities from regulating firearm possession, localities do have the shooting a gun in city limits to regulate the possession of firearms – both handguns shooting a gun in city limits long guns – on property owned or controlled by a local government.10 The Attorney General has also opined that while municipal regulations are permitted under Tenn. Code Ann. § 57-5-106 to regulate the sale of beer via a permit process, a local jurisdiction cannot use this process to restrict a person from possessing a firearm on the premises of an establishment with a permit to sell beer, as section 39-17-1314(a) prohibits such regulation.11

Other Statutory Provisions

Tennessee law prohibits local governments from regulating the possession, transportation or storage of a firearm or firearm ammunition by a handgun carry permit holder in such person’s vehicle while utilizing public or private parking areas.12

Finally, Tennessee law prohibits local municipalities from enforcing an ordinance that prohibits discharging a firearm within the local municipality in instances where it can be shown that the firearm was discharged for purposes of self-defense or to otherwise prevent the commission of a crime:13

  • (a) A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.
  • (b) A person who discharges a firearm within the geographical limits of a municipality shall not be deemed to have bandits baseball jersey any ordinance in effect or be subject to any citation or fine the municipality may impose for discharging a firearm within the limits of the municipality if it is determined that when the firearm was discharged the person was acting in justifiable self-defense, defense of property, defense of another, or to prevent a criminal offense from occurring.

Immunity

For state laws prohibiting the filing of certain types of lawsuits against the gun industry and shooting ranges, see our page on Immunity Statutes in Tennessee.

Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.

Contact
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It shall be a misdemeanor for any person to negligently or purposely discharge any firearm, BB gun or sling shot within the City, except:

In necessary self defense.

A law enforcement officer in necessary performance of his duty.

For the purpose of target shooting or practice on a range operated by gymnastics competition shirts personnel. Qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency.

For the purpose of target shooting on private premises with air, spring or CO2 operated BB, pellet guns or slingshots, providing:

The target area is enclosed in such manner and with materials that will stop the projectiles.

Such target shooting is supervised by an adult at all times.

Any safety precautions recommended by the Chief of Police are complied with.

In an area recommended as a hunting area by the Arizona Game and Fish Commission and approved by the Chief of Police. Such area must be posted as required by the Chief of Police and may be closed at any time by the Chief of Police or the Director of the Game Department.

Where a permit is issued by the Chief of Police.

In defense of property from damage by animals or birds, providing property owner obtains permit from Arizona Game Department or United States Fish and Wildlife Service, and the taking of such animals or birds is properly supervised by the Game Department or the Fish and Wildlife Service or a person designated by either of those agencies to assure the safety of surrounding property owners. (Code 1962, § 27-17)

State law reference—Discharge of firearms, A.R.S. § 13-3107.

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5.118 Weapons—Unlawful Discharge or Use of a Dangerous Weapon.

(1)Discharge of a Firearm.

(a)As used in this section, the term “firearm” means a dangerous weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon.

(b)No person shall discharge any firearm within the city limits, at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge. No such discharge may be made whether or not the firearm is loaded with blank or live cartridges or projectiles of any kind, except as provided herein. This subsection shall not apply to the discharge of firearms on any target trap or skeet range, paint ball shooting a gun in city limits, or shooting area which has been approved by the city or to the discharge of guns where necessary to protect life or property or to kill any dangerous animal, or to the discharge of firearms by any person in a private basement or cellar target range, or to any duly authorized peace officer acting in the proper performance of the officer’s official duties, or to the discharge of blank cartridges in theatrical performances or sporting events, or to the firing of salutes by honor guard at military funerals or memorials.

(c)Unlawful discharge of a firearm under this section of the Springfield Municipal Code is considered an A misdemeanor for sentencing purposes.

(2)Discharge or Unlawful Use of a Dangerous Weapon.

(a)As used in this section, the term “dangerous weapon” means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

(b)No person shall discharge or use any dangerous weapon as described in subsection (2)(a) of this section within the city at or in the direction of any person, building, structure or vehicle within the range of the dangerous weapon without having legal authority san antonio rules basketball such discharge or use. This subsection shall not apply to the discharge of dangerous weapons on any target trap or skeet range, paint ball facility, archery range or shooting area which has been approved by the city including officially conducted and sponsored activities at public school facilities and Willamalane facilities. Furthermore, this subsection shall not apply to the discharge or use of dangerous weapons: where necessary to protect life or property or to kill any dangerous animal, or to discharge by any person in a private basement or cellar target range, or to any duly shooting a gun in city limits peace officer acting in the proper performance of the officer’s official duties, or to the discharge of blank cartridges in theatrical performances or wilson showcase basketball events, or to the firing of salutes by honor guard at military funerals or memorials.

(c)Unlawful discharge or use of a weapon under this section of the Springfield Municipal Code is considered a C misdemeanor for sentencing purposes. [Section 5.118 amended by Ordinance No. 6167, enacted May 15, 2006.]


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13-3107. Unlawful shooting a gun in city limits 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.

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, shooting a gun in city limits. 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, shooting a gun in city limits. In self-defense custom soccer goals 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:

1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.

2. "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.

 

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(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, shooting a gun in city limits, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.

(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle shooting a gun in city limits 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s, shooting a gun in city limits. 775.083, or s. 775.084.

(4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, shooting a gun in city limits, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply:

(a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;

(b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or

(c) To a person who accidentally discharges a firearm.

History.—s. 1, ch. 3289, 1881; RS 2683; GS 3626; RGS 5557; CGL 7743; s. 1, ch. 61-334; s. 745, ch. 71-136; s. 1, ch. 78-17; s. 1, ch. 89-157; s. 229, shooting a gun in city limits, ch. 99-245; s. 77, ch. 2012-7; s. 3, ch. 2012-108; s. 1, ch. 2016-12.

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shooting a gun in city limits

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Shooting a gun in city limits - consider, that

While the right to keep and bear arms is constitutionally protected, states have long restricted how and when people can use firearms. All states, as well as cities and municipal governments, have laws or ordinances which prevent people from firing or discharging a weapon under certain circumstances. These laws, often known as unlawful discharge, negligent discharge, or unlawful use of a weapon, differ widely between states and cities.

Unlawful Discharge Defined

Unlawful discharge laws typically punish the unlawful firing of a firearm, such as a pistol or shotgun, but they may also apply to other weapons such as crossbows, blowguns, and BB or pellet guns. Unlawful discharge laws prohibit firing any weapon in certain areas or under specific circumstances, such as firing from a moving vehicle, firing across a state highway, or firing into or at an occupied building.

Illegal Use

Some states have laws which prohibit the illegal use of a weapon. Such laws prohibit illegal discharge of a weapon, but they may also prohibit such conduct as brandishing a firearm in an angry or threatening manner, firing a weapon within 100 yards of a school, and handling or firing a weapon while drunk.

Intentional, Negligent, or Careless Discharge

You cannot commit an unlawful discharge of a weapon if you fire it accidentally. A prosecutor must show you intentionally fired the weapon, but does not have to show you did so maliciously or with the intention to hurt someone or damage property. Prosecutors typically show your intent from the circumstances surrounding the situation, witnesses testimony, or even your own statements.

Location, Time, and Manner

Many cities and municipalities have adopted unlawful discharge ordinances which prohibit the firing of a weapon inside a specified geographic area, such as within a city's boundaries. In such areas it is illegal to fire a weapon even if you are on private property within the city limits, though such ordinances do allow for specific exceptions.

Unlawful discharge laws allow people to legally discharge a weapon in certain situations. Common exceptions include firing the weapon in a gun range or shooting gallery, firing blank ammunition during an athletic contest, firing a weapon in self defense, or firing while hunting.

Reckless Discharge

Many states also have laws that prohibit the reckless discharge of a weapon. Reckless discharge laws primarily target celebratory shooting or firing, such as shooting a pistol into the air to celebrate the new year or the 4th of July. This crime occurs when a person fires a weapon in a way which might result in someone else getting killed or hurt.

Penalties

Unlawful discharge of a weapon crimes can be either misdemeanor or felony offenses depending on the state and the circumstances of the case. Misdemeanor offenses are less serious than felony offenses, though both can result in significant criminal penalties.

  • Jail. Jail sentences for the unlawful discharge of a weapon differ widely depending on the state or city. For some city ordinance violations there may be no associated jail time penalty at all, while misdemeanor charges can result in a few days or up to a year in jail. Felony offenses, especially where a person fired into an occupied home or fired in a way that risked human safety, can result in prison sentences of five years of more.
  • Fines. Fines for illegal discharge convictions also vary significantly. City ordinance fines can be as small as five dollars, while misdemeanor fines typically range between about $50-$1,000. Felony fines are often much more significant, sometimes as high as $10,000 or more.
  • Probation. You can also be sentenced to probation for the illegal firing of a weapon. Probation sentences typically last at least 12 months, but can exceed three years in some situations. When you're on probation you have to meet specific conditions, such as paying all court costs and fines, taking a drug and alcohol rehabilitation program if substance abuse was involved, regularly reporting to a probation officer, and not committing more crimes. Failing to comply with any probation condition can result in a court revoking probation and imposing a jail sentence, imposing additional fines, extending the length of probation, or other penalties.
  • Firearmsrestriction.Federal firearms law prohibits any convicted felon from possessing a gun. This means that if you're convicted of a felony criminal discharge crime, you will be required to get rid of any guns you already own, and you won't be allowed to buy new ones legally.

Speak to an Attorney

Any criminal charge involving a weapon is a serious situation. If you've been charged with the unlawful discharge of a weapon you face significant penalties that can negatively impact your life, your family, and your job. You need to speak to a local criminal lawyer as soon as you're arrested, charged with a crime, or questioned by the police for any weapons charge. A local criminal lawyer who has experience with local prosecutors, police, and judges will be able to give you advice and protect your rights at all stages of the criminal justice process.

Источник: [https://torrent-igruha.org/3551-portal.html]

5.118 Weapons—Unlawful Discharge or Use of a Dangerous Weapon.

(1)Discharge of a Firearm.

(a)As used in this section, the term “firearm” means a dangerous weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon.

(b)No person shall discharge any firearm within the city limits, at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge. No such discharge may be made whether or not the firearm is loaded with blank or live cartridges or projectiles of any kind, except as provided herein. This subsection shall not apply to the discharge of firearms on any target trap or skeet range, paint ball facility, or shooting area which has been approved by the city or to the discharge of guns where necessary to protect life or property or to kill any dangerous animal, or to the discharge of firearms by any person in a private basement or cellar target range, or to any duly authorized peace officer acting in the proper performance of the officer’s official duties, or to the discharge of blank cartridges in theatrical performances or sporting events, or to the firing of salutes by honor guard at military funerals or memorials.

(c)Unlawful discharge of a firearm under this section of the Springfield Municipal Code is considered an A misdemeanor for sentencing purposes.

(2)Discharge or Unlawful Use of a Dangerous Weapon.

(a)As used in this section, the term “dangerous weapon” means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.

(b)No person shall discharge or use any dangerous weapon as described in subsection (2)(a) of this section within the city at or in the direction of any person, building, structure or vehicle within the range of the dangerous weapon without having legal authority for such discharge or use. This subsection shall not apply to the discharge of dangerous weapons on any target trap or skeet range, paint ball facility, archery range or shooting area which has been approved by the city including officially conducted and sponsored activities at public school facilities and Willamalane facilities. Furthermore, this subsection shall not apply to the discharge or use of dangerous weapons: where necessary to protect life or property or to kill any dangerous animal, or to discharge by any person in a private basement or cellar target range, or to any duly authorized peace officer acting in the proper performance of the officer’s official duties, or to the discharge of blank cartridges in theatrical performances or sporting events, or to the firing of salutes by honor guard at military funerals or memorials.

(c)Unlawful discharge or use of a weapon under this section of the Springfield Municipal Code is considered a C misdemeanor for sentencing purposes. [Section 5.118 amended by Ordinance No. 6167, enacted May 15, 2006.]


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(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street, who knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises, or who recklessly or negligently discharges a firearm outdoors on any property used primarily as the site of a dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation Commission or Florida Forest Service.

(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who recreationally discharges a firearm outdoors, including target shooting, in an area that the person knows or reasonably should know is primarily residential in nature and that has a residential density of one or more dwelling units per acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This subsection does not apply:

(a) To a person lawfully defending life or property or performing official duties requiring the discharge of a firearm;

(b) If, under the circumstances, the discharge does not pose a reasonably foreseeable risk to life, safety, or property; or

(c) To a person who accidentally discharges a firearm.

History.—s. 1, ch. 3289, 1881; RS 2683; GS 3626; RGS 5557; CGL 7743; s. 1, ch. 61-334; s. 745, ch. 71-136; s. 1, ch. 78-17; s. 1, ch. 89-157; s. 229, ch. 99-245; s. 77, ch. 2012-7; s. 3, ch. 2012-108; s. 1, ch. 2016-12.

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MEDIA REQUESTS

Last updated .

Preemption Statute

Tennessee has a broad statute preempting most local gun safety laws. This law states:

“[T]he general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation. No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof.”1

Newly enacted state legislation in 2021 also generally prohibits local governments in Tennessee from creating or maintaining gun owner registries, as defined.2

Tennessee law authorizes parties to file civil suits against state and local governments or local government agencies, departments, or officials if they are adversely affected by an ordinance, resolution, policy, rule, or other enactment that is adopted or enforced in violation of the state’s preemption law, or by the defendant’s creation or maintenance of a gun owner registry in violation of Tennessee’s relevant law.3 The adversely affected party may seek declaratory and injunctive relief as well as damages, and state law provides that prevailing plaintiffs in these actions are also entitled to court costs and attorney’s fees.4

Exceptions

Tennessee law provides some exceptions to the preemption statute above.5 These exceptions generally allow for local regulation of:

  • The carrying of firearms by local government employees or independent contractors when acting in the course and scope of their employment or contract;
  • The discharge of firearms within the limits of the city, county, town municipality or metropolitan government;
  • The location of shooting ranges; and
  • The enforcement of state or federal firearm and ammunition laws.

Local governments may generally prohibit the possession of weapons at meetings conducted by, or on property owned, operated, managed or under the control of the government entity, if in compliance with specific signage requirements.6 In order to restrict possession of a handgun by any person with a Tennessee handgun carry permit on local government property, local governments must generally ensure certain security measures are in place, including metal detectors and security officers.7. These security requirements do not apply to specified public buildings, however, including schools, colleges or universities, libraries, licensed mental health and substance abuse facilities, law enforcement agency buildings, and courtrooms.8

Interpretation

As of the date this page was last updated, Giffords Law Center is not aware of any significant cases interpreting Tennessee’s preemption statutes.

However, the Tennessee Attorney General has addressed whether local governments may prohibit the possession of handguns or long guns on publicly owned property.9 Reviewing the provisions of both Tennessee Code Annotated sections 39-17-1314(a) and 39-17-1359, the Attorney General opined that although section 39-17-1314(a) precludes local government entities from regulating firearm possession, localities do have the authority to regulate the possession of firearms – both handguns and long guns – on property owned or controlled by a local government.10 The Attorney General has also opined that while municipal regulations are permitted under Tenn. Code Ann. § 57-5-106 to regulate the sale of beer via a permit process, a local jurisdiction cannot use this process to restrict a person from possessing a firearm on the premises of an establishment with a permit to sell beer, as section 39-17-1314(a) prohibits such regulation.11

Other Statutory Provisions

Tennessee law prohibits local governments from regulating the possession, transportation or storage of a firearm or firearm ammunition by a handgun carry permit holder in such person’s vehicle while utilizing public or private parking areas.12

Finally, Tennessee law prohibits local municipalities from enforcing an ordinance that prohibits discharging a firearm within the local municipality in instances where it can be shown that the firearm was discharged for purposes of self-defense or to otherwise prevent the commission of a crime:13

  • (a) A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.
  • (b) A person who discharges a firearm within the geographical limits of a municipality shall not be deemed to have violated any ordinance in effect or be subject to any citation or fine the municipality may impose for discharging a firearm within the limits of the municipality if it is determined that when the firearm was discharged the person was acting in justifiable self-defense, defense of property, defense of another, or to prevent a criminal offense from occurring.

Immunity

For state laws prohibiting the filing of certain types of lawsuits against the gun industry and shooting ranges, see our page on Immunity Statutes in Tennessee.

Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.

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This section is included in your selections.

It shall be a misdemeanor for any person to negligently or purposely discharge any firearm, BB gun or sling shot within the City, except:

In necessary self defense.

A law enforcement officer in necessary performance of his duty.

For the purpose of target shooting or practice on a range operated by qualified personnel. Qualified personnel shall consist of either a certified firearms safety instructor, rifle or pistol marksmanship instructor certified by the National Rifle Association, or person designated by a rifle or pistol club, public or private school or military agency.

For the purpose of target shooting on private premises with air, spring or CO2 operated BB, pellet guns or slingshots, providing:

The target area is enclosed in such manner and with materials that will stop the projectiles.

Such target shooting is supervised by an adult at all times.

Any safety precautions recommended by the Chief of Police are complied with.

In an area recommended as a hunting area by the Arizona Game and Fish Commission and approved by the Chief of Police. Such area must be posted as required by the Chief of Police and may be closed at any time by the Chief of Police or the Director of the Game Department.

Where a permit is issued by the Chief of Police.

In defense of property from damage by animals or birds, providing property owner obtains permit from Arizona Game Department or United States Fish and Wildlife Service, and the taking of such animals or birds is properly supervised by the Game Department or the Fish and Wildlife Service or a person designated by either of those agencies to assure the safety of surrounding property owners. (Code 1962, § 27-17)

State law reference—Discharge of firearms, A.R.S. § 13-3107.

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13-3107. 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.

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:

1. "Municipality" means any city or town and includes any property that is fully enclosed within the city or town.

2. "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.

 

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Ohio Code § 9.86 recognizes that the right to keep and bear arms is a “fundamental individual right that predates the United States Constitution and Ohio Constitution,” and as such, is “a constitutionally protected right in every part of Ohio.” The United States Supreme Court addressed the origins of the rights to keep and bear arms in D.C. v. Heller, 554 U.S. 570 (2008). The Court explained that the right to keep and bear firearms for “traditionally lawful purposes” was codified to protect man’s natural right of self-preservation.

The use of firearms for self-preservation, hunting, and lawful sporting activities, therefore, is constitutionally protected in the United States and Ohio. The right to keep and bear arms is diminished, however, when firearms are carried and/or used for an “unlawful or unjustifiable purpose.”  Unlawful uses include distributing the public peace, unlawfully causing bodily injury or death, or recklessly endangering the person or property of another.

Every state is constitutionally permitted to regulate the right to keep, carry, and actually use firearms to prevent and punish unlawful activity. Valid firearms prohibitions include banning firearms-related activities and weapons that do not traditionally serve a law-abiding purpose. The prohibition on owning sawed-off shotguns, the civilian use of military-grade weaponry, and the reckless discharge of firearms are prohibited.

Ohio bans the actual discharge of firearms into certain locations and/or onto certain properties without lawful cause. The unlawful discharge of a weapon that results in bodily injury or death may be prosecuted as murder, but discharge doesn’t have to cause harm to be illegal. If a weapon is discharged in a prohibited area and the discharge was not “justifiable,” then firearms owners are subject to prosecution for misdemeanor or felony charges.


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Ohio Information Center for Improperly Discharging a Firearm

The Joslyn Law Firm’sOhio Information Center for Improperly Discharging a Firearm addresses the scope, penalties, and defenses to criminal charges levied under Ohio Code § 2923.161 and § 2923.162 for unlawfully discharging a firearm. Questions concerning the unlawful discharge of a firearm on Ohio’s waterways should be directed to our Ohio Information Center for Firearm Prohibitions on Watercraft and Waterways, and Ohio’s general prohibitions on firearms use, including discharge, are addressed by the Information Center for Having Weapons While Under Disability in Ohio. If you’ve been charged with a federal or state firearms discharge offense, schedule your free, no-obligation Ohio firearms defense consultation with the Joslyn Law Firm’s top-rated Columbus criminal defense lawyers by calling (614) 444-1900 or contacting us online today.

Information Center

  1. Prohibitions on the Knowing Discharge of a Firearm into an Occupied Dwelling or School Zone (Ohio Code § 2923.161)
  2. Prohibitions on Discharging a Firearm on or near a Prohibited Premise (Ohio Code § 2923.162)
  3. The Criminal Intent Necessary for Improperly Discharging Firearms Convictions 
  4. Exceptions and Defenses to Criminal Charges for Knowingly Discharging a Firearm into an Occupied Dwelling, School Zone, or onto a Prohibited Premise
  5. Direct Penalties for Unlawful Discharge Convictions Under Ohio Code § 2923.161 and § 2923.162
  6. Collateral Penalties and Potential Loss of Firearms Rights for Unlawful Discharge Convictions 

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1. Prohibitions on the Knowing Discharge of a Firearm into an Occupied Dwelling or School Zone (Ohio Code § 2923.161)

Ohio Code § 2923.161 prohibits any unprivileged person from “knowingly” discharging a firearm:

  • At or into an “occupied structure” that acts as a habitation, i.e., a home, apartment building, hotel room, car, train, aircraft, boat, trailer, or tent, even if the occupant is not present
  • At, in, or into a school safety zone
  • Within 1000 feet of any school zone, school building, or school premises with the intent to (1) cause physical harm to someone on school property, (2) cause panic or fear to someone on school property, or (3) cause the evacuation of the school or a school function

Anyone found guilty of violating Ohio Code § 2923.161 is guilty of a felony in the second degree, even if no one is harmed. The only actus reus – the criminal act – necessary for conviction is the discharge of the firearm.


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2. Prohibitions on Discharging a Firearm on or near a Prohibited Premise (Ohio Code § 2923.162)

No person, without lawful permission, may discharge a firearm:

  • Upon, over, or within 100 yards of a cemetery (does not apply if you own the land and/or cemetery)
  • On a lawn, park, playground, orchard, or any other ground abutting a school, church, inhabited dwelling, the property of another, or property of a charitable institution (does not apply if you own the land)
  • Upon or over a public road or highway

Discharging a weapon on your property is still punishable if the propellant travels onto a prohibited premise. Intent to fire on the prohibited premise isn’t necessary. It is enough to cause a discharge that thereafter travels into a prohibited zone. If the propellant creates a substantial risk of physical harm or causes physical harm to a person or another’s property, this is a felony-level offense.


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3. The Criminal Intent Necessary for Improperly Discharging Firearms Convictions

The mens rea – criminal intent – necessary to sustain a conviction under § 2923.162 is general while the intent necessary under § 2923.161 is specific. Under § 2923.162, prosecutors only need to prove the accused caused the discharge. Intent to harm another or intent to discharge onto a prohibited premise is not necessary. Charges under § 2923.161, however, require “knowing” and/or “intentional” conduct, i.e., pulling the trigger. Truly accidental discharge is not punishable under § 2923.161, Ohio courts narrowly interpret the term “accident.”

In State v. Fogler, the Ohio Court of Appeals affirmed a conviction for unlawful discharge under Ohio Code § 2923.161 when the defendant loaded, cocked, and aimed a shotgun at an apartment door before it accidentally fired into the home. The defendant argued that the discharge was accidental, not knowing, but the Court found that “a person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result.” Because the defendant knowingly loaded, chocked, and aimed the shotgun at a dwelling, he knew his conduct could reasonably result in the discharge of that firearm into a home.

It’s less clear whether the accused must also know he or she is discharging a weapon in or onto a prohibited area under Ohio Code § 2923.161. For example, a hunter who unknowingly fires at a deer on the outskirts of a rural school zone might be acquitted of § 2923.161 charges but not § 2923.162 charges. The standard quoted in State v. Fogler is likely applicable to this analysis. If the defendant was aware, or had reason to know, he was near a school zone or an occupied structure and the discharge might travel onto that property, he is likely chargeable under Ohio Code § 2923.161.

The criminal intent necessary under § 2923.161(A)(3), when the discharge is within 1000 feet of a school zone, is more specific. Prosecutors must prove the accused actually intended to cause physical harm, panic, or evacuation of persons specifically on the school premises in addition to the “knowing” discharge standard. It’s not enough that the defendant knew panic was possible if he discharged his firearm within 1000 feet of a school zone. He must actually intend to cause panic.


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4. Exceptions and Defenses to Criminal Charges for Knowingly Discharging a Firearm into an Occupied Dwelling, School Zone, or onto a Prohibited Premise

Ohio prosecutors must prove each element of a discharge offense beyond a reasonable doubt. Experienced Ohio criminal defense attorneys will strategically defend against an unlawful discharge offense by:

  • Arguing the statute is not applicable to the accused, i.e., the accused was a police officer or the structure did not qualify as an “occupied dwelling”
  • Presenting evidence that raises a reasonable doubt as to a necessary element such as the required mens rea or actus reus
  • Raising any available common law defenses such as insanity, self-defense, or necessity

In addition to the specific criminal intent necessary under Ohio Code § 2923.161, the discharge must be “without privilege.” The statute exempts federal and state agents, employees, and law enforcement officers provided the discharge occurs within the scope of their lawful duties. A school security guard firing at school shooting suspect is not punishable under this section. However, a local businessman who discharges his weapon at the suspect before police arrive may or may not have been “privileged” to act under the circumstances. An experienced Ohio firearms discharge defense attorney may argue that:

  • the businessman was “privileged” to act in defense of the students, and as such, does not qualify under the statute’s provisions
  • he did not “intend” to cause harm, panic, or evacuation of the school, only to defend the students
  • and/or he can raise the affirmative defense of protecting third-persons from harm or death

Under § 2923.162, it is a defense to prosecution that the accused had permission to discharge the weapon from “proper officials.” Proper officials may include property owners, law enforcement, or government bodies, depending on the otherwise prohibited area of discharge. In the absence of any procedural or statutory defenses, the following common law defenses may be available to defeat improper firearms discharge convictions:

  • Insanity: A degraded mental state may prevent the accused from knowing and understanding the nature of his actions. He may believe he’s discharging fireworks or simply not be capable of understanding the illegality and nature of his actions. Mental illness and insanity are not the same. Someone mentally ill may still intend to hurt others in violation of the law. Someone “legally insane” simply can’t form the necessary criminal intent and/or control his physical actions.
  • Self-Defense/Defense of a Third Person: If discharge was necessary to prevent an immediate death or serious bodily injury to yourself of another, you’re likely entitled to raise these defenses. The threat must be “imminent” and serious, especially if being used to justify the discharge of a weapon in a school zone.
  • Necessity: Applicable if discharging the weapon was necessary to prevent a “greater harm” to a person or property. Because the anticipated harm associated with the unlawful discharge of a weapon in a school zone is injury or death to children, necessity is rarely appropriate. The only justification for discharging a weapon is typically preventing death or serious injury.
  • Mistake of Fact: Applicable if you believed discharge was necessary for self-defense, and a reasonable person would have believed the same even though you misread the situation. For example, it appears an intruder is harming a neighbor, but they’re simply wrestling.

An experienced Ohio firearms discharge defense attorney will review the facts of each individual case to determine the best defensive strategy to the charges.


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5. Direct Penalties for Unlawful Discharge Convictions Under Ohio Code § 2923.161 and § 2923.162

Anyone convicted of improperly discharging a firearm under Ohio Code § 2923.161 is guilty of a felony in the second degree. He/she must serve a mandatory minimum sentence of at least two years with a maximum sentence to be determined by the facts of the case. The penalties for a second-degree felony increase if the offender is convicted of additional felony offenses such as possessing a weapon while under a disability, manslaughter, or terrorism. Second-degree felonies are also punishable by a fine of not more than $15,000 in addition to any restitution ordered.

The penalties for discharging a firearm on or near prohibited premises under § 2923.162 depend on the section violated. Discharging a firearm at a cemetery or near a prohibited area is punishable as a misdemeanor of the fourth degree. Fourth-degree misdemeanor offenses are punishable by no more than 30 days in prison and/or a fine up to $250. The crime of discharging a firearm over a public roadway is punishable as a first-degree misdemeanor with not more than six months in prison and/or a fine up to $1000.

If a violation of § 2923.162(A)(3) prohibiting discharge over public roadways creates a serious risk of physical harm or causes serious damage to property, it is a felony in the third degree. Felonies in the third degree are punishable anywhere from nine months to three years of imprisonment and/or a fine of not more than $10,000.

If the (A)(3) violation causes even minor physical harm to another, it is punishable as a felony in the second degree. Any serious physical harm caused by a violation of (A)(3), including death, disfigurement, or loss of certain bodily functions, is punishable as a felony in the first degree. First-degree felonies are the most serious offenses in Ohio and are punishable by not less than three years to life imprisonment and/or a fine up to $20,000.


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6. Collateral Penalties and Potential Loss of Firearms Rights for Unlawful Discharge Convictions

In addition to the direct penalties, an experienced Ohio criminal defense attorney will warn offenders of the potential collateral consequences of a criminal conviction. Judges may, and often must, require offenders to:

  • pay restitution to any victims, i.e., medical bills, property damage, funeral costs
  • pay the costs of the investigation and prosecution
  • serve probation
  • attend alcohol or drug rehabilitation
  • surrender their firearms
  • participate in community service

Judges have considerable discretion during firearms discharge sentencings, and it’s essential to avoid serious Ohio felony charges. Those convicted of a felony-level offense may suffer additional collateral consequences, including:

  • deportation and/or travel bans
  • inability to own or use firearms (for violent felons)
  • temporary loss of voting rights
  • loss of certain government benefits
  • loss of a job and/or inability to obtain meaningful employment
  • difficulty attending college and/or receiving financial aid
  • loss of child custody and visitation rights
  • dishonorable discharge from the military

Always retain a qualified Ohio criminal defense attorney for improper firearms discharge offenses before speaking with police or prosecutors. Few, if any, criminal offenses in Ohio carry such a broad range of penalties depending on the facts, circumstances, and defenses raised in each case. The Joslyn Law Firm’s top-rated Columbus criminal firearms discharge lawyers are available 24/7 for a free, no-obligation criminal defense consultation at (614) 444-1900 or online.


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3 comments

  1. i dont know if anyone is accusing them of faking a set. maybe that's the intention these vids, i don't know. but i see it as them trying to make it look like they're doing more work than they actually are, perhaps to make it look more difficult than it is. but let's be real, nobody other than the artist themselves and fellow DJs care about how technical it is. i mean it ain't john petrucci and george kollias blowing up billboard charts. fans don't care, they just want to be entertained.

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