Understanding Reckless Discharge of a Gun Charges

 Posted on November 26, 2024 in Gun Crimes

There is a lot of confusion regarding where, when, and why a person may fire a gun. You may have heard that if you are on your own private property, you are always allowed to shoot as long as you are not shooting at another person. Conversely, a lot of people have been taught that shooting a gun anywhere except at a range is illegal unless you are acting in self-defense. Neither of these statements is entirely true. Illinois’s reckless discharge laws are much more nuanced than that. You can be charged with this offense for firing a gun in any situation where shooting carries a risk of injuring another person. If you have been accused of recklessly discharging a firearm, you should consult a Joliet, IL gun crime attorney immediately.

Putting Others At Risk By Shooting is a Crime 

If another person was at risk of being injured because you fired a gun recklessly, you may be charged with reckless discharge of a firearm. It does not matter if no one ultimately got hurt - it only matters that someone could have gotten hurt when the gun went off. Generally, firing a gun in an urban or suburban environment when you do not know whether other people might be close by enough to get hit is going to be considered reckless discharge. Firing a gun in a rural environment without taking adequate precautions can also be treated as reckless discharge.

Good firearm safety practice is to refrain from firing unless you are sure about what is behind your target. Due to how far a bullet can go and the population density in all but very rural environments, there is almost always a risk that you could hit someone you cannot see. Even on your own property in a rural environment, you can be charged with reckless discharge of a gun if you did not take adequate precautions to make sure no one was present in the direction you were shooting.

Firing at The Ground or Into the Sky

You can be charged with reckless discharge of a gun for shooting at the ground or into the sky. Even if you shoot directly into the dirt, there is still a risk that the bullet could ricochet in an unpredictable direction and hit someone. Shooting into the sky is even more risky, as there is no telling where the bullet will come down. The same is true for firing a gun at a solid target outside of a controlled setting.

Contact a Joliet, IL Reckless Discharge of a Gun Lawyer 

Law Offices of Jack L. Zaremba, P.C. is committed to providing the best defense services possible to people facing firearms charges. Experienced Grundy County, IL reckless discharge of a gun attorney Jack Zaremba will fight for you. Contact us at 815-740-4025 for a complimentary consultation.