PHOENIX – Arizona law enforcement agencies have the option to fire warning shots, but it’s a rare and controversial tactic.

Until November, the Sedona Police Department allowed the practice under specific circumstances. But policing experts argue that firing a gun into the air to deter a threat conflicts with state law.

What they’re saying:

In the responses from more than 40 law enforcement agencies, a majority gave a resounding “no” on a questionable tactic. We discovered some departments allow warning shots — raising serious concerns about legality, accountability and public safety.

We can confirm that the Sedona Police Department’s policy no longer allows officers to use warning shots. Ex-Deputy Chief Ryan Kwitkin says it’s about time.

“It’s unsafe to fire warning shots. This isn’t the Wild West,” Kwitkin said.

Kwitkin is the plaintiff in an ongoing lawsuit against the city. Kwitkin is suing the city of Sedona and some of its top officials, including the police chief. The city has denied the allegations and cannot comment on pending litigation.

Former Sedona Deputy Police Chief Ryan Kwitkin

Kwitkin was fired in August 2024, months after being placed on paid administrative leave.

His attorney claims his termination was unlawful and that Kwitkin faced retaliation from Chief Stephanie Foley for raising policy concerns — like the ability to fire warning shots.

“I went to Chief Foley and explained that under no circumstance should we allow warning shots,” Kwitkin said.

When asked what the chief’s response was, Kwitkin said: “That we’re not changing the policy. That it’s only under certain circumstances.”

When the Sedona Police Department was asked if there have been any documented incidents involving warning shots since 2020, records show none were fired in the last five years.

Joe Clure, executive director for the Arizona Police Officers Association

“Why would they leave it in their policy for so long until just recently?” we asked Joe Clure, executive director for the Arizona Police Officers Association. “Frankly it’s clear they have some leadership challenges at the Sedona Police Department.”

Clure has publicly questioned the Sedona PD’s leadership and the previous warning shot policy.

Here’s what Sedona’s policy used to say: “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.”

FOX 10 obtained the modified policy, which says, “Firing a firearm in a manner commonly referred to as a ‘warning shot’ is expressly prohibited in all circumstances.”

“But a lot of the concerns that I brought up were for the best interests of the citizens of Sedona, the police department, and just moving the department into the 21st century of best police practices,” Kwitkin said.

Clure said, “I think by anybody’s standard risk management should be screaming about that because it is a huge liability, I believe, and very dangerous for the community to have that even as a possibility.”

Dig deeper:

FOX 10 Investigates reached out to dozens of law enforcement agencies across Arizona to ask if their policies allow warning shots.

We received more than 40 responses from major agencies like Phoenix, Scottsdale and Tempe, along with the Maricopa County Sheriff’s Office. Nearly all of them said warning shots are prohibited.

Here are some of the reasons:

Mesa PD’s policy says: “… they may prompt a suspect to return fire and may endanger innocent bystanders.”

Pinal County Sheriff’s Office replied by saying: “Like firing a deadly weapon as a warning? That is not allowed.”

Flagstaff PD’s policy says: “Warning shots are rarely effective and pose a danger to the officer and the community if used in lieu of deadly force on a suspect.”

Forty out of 44 agencies that responded say no to warning shots. That’s 90%.

The four agencies on the opposite end:

• Tolleson Police say warning shots are “generally” discouraged unless the officer believes it’s necessary, effective and safe.
• Lake Havasu City PD and the Greenlee County Sheriff’s Office have the same language in their policies.
• Paradise Valley PD says, “Officers will not generally, fire warning shots” — but use-of-force decisions are discretionary and must be “objectively reasonable” based on the circumstances.

Big picture view:

“We created a law for just that reason, to prevent those types of rounds being fired so that they don’t to prevent them from inadvertently striking another innocent person,” Clure said.

The law is called Shannon’s Law. It is named after 14-year-old Shannon Smith, who was in the backyard of her Phoenix home when she was killed by a stray bullet in June 1999.

“When we met with the police, they told us that this is something that goes on all the time. That this is something we have to live with. We said ‘oh no, this is something that the community does not have to live with.’ Something that can be stopped,” said Lory Smith, Shannon’s mother, in a 2007 news report.

In 2000, Shannon’s parents worked hard to pass Shannon’s Law, making it a Class 6 felony to negligently fire a gun into the air within the limits of any Arizona municipality.

But the statute lists some exceptions, like a special permit of the chief of police of the municipality.

Benjamin Taylor, attorney at Taylor & Gomez Law

“What they have is what you call governmental immunity. So, a lot of times a law enforcement officer can be immune or exempt from Shannon’s Law if they’re using it in a reasonable manner. That’s where they can fire in the air. And Shannon’s Law wouldn’t apply to law,” said Benjamin Taylor, attorney at Taylor & Gomez Law.

But the risk, he says, is obvious. For law enforcement agencies, the approach to policy is “to each their own.”

“A simple fix and solution would be to change your policy. Don’t train your officers in the academy that they’re allowed to shoot a warning shot,” Taylor said.

AZPOST is the state’s Peace Officers Standards and Training Board. Its executive director tells FOX 10 that AZPOST doesn’t have the authority to direct internal policies of law enforcement agencies on warning shots.

Clure says it’s common sense for chiefs and sheriffs to ban it for good.

“Just because it’s the police officer firing that round doesn’t mean that that bullet’s any less dangerous or any more apt to go strike an unintended victim,” Clure said.

Policies are changing

The Round Valley Police Department is changing its policy after being asked if officers could fire warning shots. This department was recently investigated by the Department of Public Safety for misconduct issues.

Interim Chief Jeff Sharp said Round Valley’s original policy says it’s generally discouraged to fire warning shots unless deemed necessary and reasonably safe. But immediately following our questions about the policy, he amended it to say, “Warning shots are not authorized,” which shows it’s up to the respective agency’s chief or sheriff to decide.

The list of departments that said they do not use warning shots:

1. Peoria Police
2. Goodyear Police
3. Pinal County Sheriff’s Office
4. El Mirage Police
5. Maricopa County Sheriff’s Office
6. Flagstaff Police
7. Surprise Police
8. Phoenix Police
9. Apache Junction Police
10. Mesa Police
11. Chandler Police
12. Gilbert Police
13. Glendale Police
14. Arizona State University Police
15. Gila County Sheriff’s Office
16. Yuma Police
17. Avondale Police
18. Cottonwood Police
19. Bullhead City Police
20. Florence Police
21. Mohave County Sheriff’s Office
22. St. Johns Police
23. Quartzsite Police
24. Prescott Police
25. Holbrook Police
26. Welton Police
27. South Tucson Police
28. Oro Valley Police
29. Yuma County Sheriff’s Office
30. Navajo County Sheriff’s Office
31. Round Valley Police
32. Clarkdale Police
33. Thatcher Police
34. Sierra Vista Police
35. Marana Police
36. Show Low Police
37. Wickenburg Police
38. Page Police
39. Tucson Police
40. Tempe Police

Arizona’s season began with an eye-opening victory over defending national champion Florida. Five weeks later, the Wildcats have yet to stop impressing.

And they’re now the third team to hold the No. 1 spot in the country this season.

Arizona (8-0) moved up one spot to the top of this week’s Associated Press men’s basketball Top 25, marking the first time the Wildcats have been No. 1 since December 2023. Arizona received 33 of 61 first-place votes, two days after crushing Auburn 97-68 to continue an unbeaten start to the season.

One of eight remaining undefeated teams, Arizona has already notched wins over No. 18 Florida, No. 25 UCLA, No. 5 UConn and No. 21 Auburn. The Wildcats have done it with balance: Six players are averaging at least 9 points per game, led by freshman Koa Peat’s 15.9. Arizona is one of only four teams to rank in the top 10 in adjusted offensive and defensive efficiency, according to KenPom. (Iowa State, Gonzaga and Duke are the others.)

The Wildcats will be tested again with a semi-road game against No. 12 Alabama in Birmingham, Ala., on Saturday.

Michigan (8-0), Duke (10-0), Iowa State (9-0) and UConn (8-1) rounded out the top five. Iowa State took one of the biggest jumps this week, moving up from 10th after Saturday’s 81-58 win over then-No. 1 Purdue.

The Boilermakers (8-1) fell to sixth after their first loss of the season.

On the other end of the poll, Kentucky’s lackluster start to the season resulted in it falling out of the Top 25 on Monday. The Wildcats (5-4) lost at home to No. 14 North Carolina and then fell by 35 against No. 8 Gonzaga in Nashville, Tenn. USC and Indiana also dropped out after losses.

Nebraska (9-0), Virginia (8-1) and UCLA (7-2) all joined the poll, filling out Nos. 23-25, respectively. It’s the first time the Cornhuskers have been ranked since December 2018.

Here’s the full poll, along with the ballot of The Athletic’s C.J. Moore:

Others receiving votes: Iowa 60, Oklahoma State 54, USC 50, Georgia 49, Saint Mary’s 38, Seton Hall 31, Kentucky 29, Wisconsin 24, Indiana 18, Clemson 14, LSU 14, Villanova 9, Cal 6, Notre Dame 4, Miami 4, SMU 3, TCU 2, Arizona State 2, Miami (Ohio) 2, St. Bonaventure 1

Comparing Arizona and Iowa State

My biggest dilemma this week was what to do with the No. 2 spot. I was higher on Arizona than consensus in the preseason and have had the Wildcats at No. 2 until last week, when I vaulted Michigan to No. 1 and moved Purdue to No. 2. With Iowa State knocking off Purdue in convincing fashion, I went back and forth on whether to put Arizona back in the second spot or move Iowa State up. (Here’s why I kept Michigan at No. 1.)

It’s easy to justify both. Arizona has the better resume — four wins over top-30 KenPom teams, compared to two for Iowa State — but the Cyclones rank higher in all of the computer rankings and the win at Purdue is right there with Michigan’s blowout of Gonzaga as the most impressive win for any team this season. The two teams will be able to settle it in the Big 12, where they are now the two favorites.

Iowa State is always elite defensively, but this team is looking like coach T.J. Otzelberger’s best yet because of the offense. Joshua Jefferson is playing like an All-American and Milan Momcilovic is one of the most talented wings in the country, with an unguardable turnaround. He’s shooting 53.6 percent from 3-point range. Those two were expected to be good — maybe not this good — but the player who has really raised the ceiling is freshman Killyan Toure. He’s a fantastic defender, so he fits in, and he’s also been solid offensively, knocking down open shots (40.9 percent from 3) and playing point guard when Tamin Lipsey has been injured or goes to the bench. The pieces fit together really well. That Purdue win was not a fluke. The Cyclones looked like the more talented team.

Virginia on the rise under Odom

Virginia made its debut in my poll and had one of the best weeks of any team, with a 19-point road win at Texas followed by a 13-point win over Dayton on a neutral floor. The Cavaliers, under first-year coach Ryan Odom, have excellent computer numbers, rising as high as No. 17 in the NCAA’s NET rankings. I considered Virginia in my preseason rankings because of the combination of San Francisco transfer Malik Thomas and international imports Thijs De Ridder and Johann Grunloh. De Ridder, a Belgian forward, has been the star so far, and both foreign bigs have helped dominate the glass — Virginia ranks third in offensive rebounding rate.

Why I ranked Georgia

Also entering my Top 25 is Georgia, a team I did not expect to be ranking this year. I may have whiffed on one of my preseason predictions, picking Georgia as the 2025 tourney team that would not make it back. It’s still early, and the resume is just OK — the best wins are Xavier on a neutral floor and at Florida State — but UGA’s efficiency numbers are impressive. Georgia has climbed from 44th in the preseason to 23rd according to KenPom, a big leap occurring after the 107-73 win at Florida State last week.

The Bulldogs are scoring an NCAA-best 99.9 points per game and rank ninth in points per possession. They are shooting more 3s this year and that’s helped them be uber-efficient inside the 3-point line, making 64.9 percent of their twos. They play their toughest opponent yet this Saturday — Cincinnati in Atlanta — and while the schedule has been relatively weak, the predictive numbers suggest this is going to be a quality team.

SCOTTSDALE, AZ (AZFamily) — A breathing flag ceremony at the USS Arizona Memorial Gardens at Salt River honored the 1,177 sailors and Marines killed aboard the USS Arizona during the Pearl Harbor attack 84 years ago.

The USS Arizona casualties account for more than half of the total U.S. military service members killed on Dec. 7, 1941.

Pillars surround the memorial gardens. The taller ones light up around sunset. They represent each life lost. The pillars are positioned to match the exact width and length of the battleship that sank.

Navy veteran Jeremia Mueller paid his respects to the fallen who never expected to go under attack on what started as a peaceful Sunday morning.

“Bright and early in the morning. They were getting ready for a church service on a Sunday just like today,” Mueller said.

He brings his family to the memorial every year. As he tells his children about the remnants of the USS Arizona houseboat recovered years after the attack, he hopes the bravery and sacrifice will forever be remembered.

“We know they’re continuing to stand watch where they lie and we honor and remember them,” Mueller said.

The memorial gardens grounds are free and open to the public from dawn to dusk.

See a spelling or grammatical error in our story? Please click here to report it.

Do you have a photo or video of a breaking news story? Send it to us here with a brief description.

Copyright 2025 KTVK/KPHO. All rights reserved.