AI-assisted research summary: Lawful firearm, air gun, and archery discharge generally may not be enjoined, with specified exceptions; some actions use a clear-and-convincing-evidence standard, and prevailing parties may recover reasonable attorney fees and costs.
12-558.01 - Actions related to the lawful discharge of a firearm; burden of proof; attorney fees and costs 12-558.01 . Actions related to the lawful discharge of a firearm; burden of proof; attorney fees and costs A. Notwithstanding any other law, the otherwise lawful discharge of a firearm or air gun or the use of archery equipment may not be enjoined except by: 1. An action maintained by the attorney general to abate a public nuisance pursuant to section 13-2917. 2. A private nuisance cause of action or an action based on negligence that is filed by a person who is occupying a permanent residence that is located within one-fourth mile of the location of the discharge or use. B. The burden of proof is clear and convincing evidence in an action that is filed pursuant to subsection A of this section or in an action for damages that is based on negligence in the otherwise lawful discharge of a firearm or air gun or the use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis and that is filed by a person who was not lawfully present at the same private lot or parcel of land at the time that the alleged discharge occurred. C. The prevailing party in an action filed pursuant to this section, except an officer or entity of this state, shall recover reasonable attorney fees and costs. D. In an action alleging damages from the loss of property value due to the otherwise lawful discharge of a firearm or air gun or the use of archery equipment on a private lot or parcel of land that belongs to another person, the lost value shall be proven by clear and convincing evidence.