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Thin Blue Warning: How Arizona law enforcement can use warning shots despite Shannon’s Law

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Thin Blue Warning: How Arizona law enforcement can use warning shots despite Shannon’s Law


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.

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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.

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“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.

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Former Sedona Deputy Police Chief Ryan Kwitkin

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.

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“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.”

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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.”

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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.”

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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.”

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Dig deeper:

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

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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.”

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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.”

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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:

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“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.

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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.

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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.”

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“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.

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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

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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:

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  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

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Make-A-Wish Arizona creates sea turtle adventure for San Tan Valley boy

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Make-A-Wish Arizona creates sea turtle adventure for San Tan Valley boy


Boats, beaches, and buckets of fun! Just the way you’d expect a boy to spend his Florida vacation!

But there was something else 11-year-old Miles Boyd got to do last year when he and his family traveled to Florida. It was a sea turtle adventure that truly became the trip of a lifetime.

“I had never been to the ocean before,” explained Miles. “So see that just wowed me. It was amazing!”

Miles and his family also got to see baby sea turtles on the beach at night.

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“The ocean is so mysterious,” says Miles. “It’s such a big place, and the fact that these turtles can move but are so tiny and when they go in the ocean, they get to hundreds of pounds.”

In so many ways, the trip to Palm Beach County, Florida, was a dream vacation for Miles and his family, but it only came after what was a living nightmare.

“I couldn’t imagine losing him,” says Miles’ mom, Natasha.

It was the harsh reality that Natasha had to face after learning her son Miles had a cancerous brain tumor.

“The world just stopped,” Natasha says about the moment she found out the devastating news. “I just sat on the floor and cried.”

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Even Miles admits he was scared.

“I’m just a kid, you know what I mean?” he says. “It’s a lot to handle all at once.”

After three brain surgeries, countless hours of therapy and rehab, and having to take a chemo medication twice daily, Miles proved to the world he is a true survivor!

And his trip to Florida, through Make-A-Wish Arizona, proved to be the medication he never knew he needed.

Miles explains that the trip motivated him to keep going.

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“It showed me that I made it to this car, and I can keep going,” he says. “I started at the lowest of lows, and now, I’m on a beach – it just gave me confidence and motivated me that I could keep going.”

Last year alone, Make-A-Wish Arizona granted 476 wishes; they’ve also fulfilled more than 8,500 since being founded in 1980.

Across the Globe, Make-A-Wish has granted more than 650,000 wishes since 1980

Miles and Nick Ciletti will co-host Make-A-Wish Arizona’s Wish Ball on Saturday! To learn more about Make-A-Wish Arizona, click here.





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11 illegal Indian national truck drivers arrested at Arizona border last month

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11 illegal Indian national truck drivers arrested at Arizona border last month


Eleven illegal Indian national truck drivers were arrested at the Arizona border in the month of February. 

The Yuma Sector Border Patrol arrested 11 total Indian national truck drivers in Yuma, Arizona in February 2026. 

According to a Facebook post by the Yuma Sector Border Patrol, all 11 truck drivers held commercial drivers licenses from the states of Florida, New York, Pennsylvania, Indiana, and California. All were “found to be present in the United States illegally.”

“Border Patrol remains committed to upholding immigration laws and protecting our communities,” the post continued.

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Arizona Independent Party to appeal ruling erasing name

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Arizona Independent Party to appeal ruling erasing name


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The Arizona Independent Party will appeal a court ruling that invalidated its name, guaranteeing more legal limbo and possibly a new chapter of confusion in the effort to give unaffiliated voters a viable third-party option at the ballot box.

Party chair Paul Johnson confirmed he would appeal the ruling from Maricopa County Superior Court Judge Greg Como, which forces the party to revert to its prior name: the No Labels Party. The ruling ordered elections officials in Arizona to follow suit.

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The decision was a high-profile loss for Secretary of State Adrian Fontes, who Como said had permitted a “bait and switch” on voters by allowing the name change.

“We were given due process, the judge did a fair job,” Johnson said. “I don’t agree with his final position, but I like the way our country works in terms of the rule of the law.”

“I don’t feel discouraged at all,” Johnson said, adding that an appeal could proceed in federal court and raise claims of First and Fourteenth Amendment violations.

It is unclear how the judge’s order, if it stands, could impact candidates who submitted signatures to qualify for the ballot under the Arizona Independent Party label.

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“The commission’s position has been that this would cause confusion,” said Tom Collins, executive director of the Clean Elections Commission, which was part of the case. “This is an example of that confusion.”

The number of signatures required to make the ballot is a percentage of registered voters for each party, but unaffiliated candidates had to collect roughly six times as many as Republican or Democratic candidates. Running with the Arizona Independent Party meant only 1,771 signatures were needed.

Como’s order was signed March 19 but made public on March 25, after a March 23 deadline for candidates to file signatures to make the ballot.

“Unfortunately due to the court order, this question is left unaddressed,” said Calli Jones, a spokesperson for Fontes. “This question will be left to the challenge process or other court proceedings.”

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Clarity could come through any lawsuits filed challenging Arizona Independent Party candidates’ signatures. No such challenges had been filed as of March 25, and the deadline is April 6.

What’s preventing ‘Arizona Nazi Party’ or the ‘Arizona Anarchists’?

Last October, Fontes agreed to change the name of the No Labels Party to the Arizona Independent Party, saying to do so was not explicitly prohibited in law. The change was done at the request of Johnson, a former Phoenix mayor and advocate for open primaries. To Johnson, the party is something of a can’t-beat-them-join-them way to put independent candidates on an even playing field with those from the two major parties.

The name change quickly led to a trio of lawsuits filed by the state’s voter education agency, the Arizona Citizens Clean Elections Commission, and the Arizona Republican Party and Arizona Democratic Party. Those cases were merged into one, which ultimately led to the March ruling.

The commission and political parties argued the name change would create confusion for voters and election officials in terms of distinguishing when someone wanted to be part of the new party versus and independent voter in a colloquial sense, which means not registering with any party. Fontes did not dispute there could be confusion.

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State law does not directly address when a political party wants to change its name, but Como said that request should follow the process for creating a new party. That includes gathering signatures from supportive voters. Como has been on the bench since 2015.

Como raised concerns of transparency, noting that voters who registered for the old party may not support the new party name. He said a party could gather support with an “innocuous sounding name,” then change it entirely. Como offered a grave example.

“Would the same 41,000 people who signed petitions to recognize the No Labels Party have signed to support the ‘Arizona Nazi Party’ or the ‘Arizona Anarchists’?” he wrote.

His ruling is guided by and affirms Arizona court precedent that statewide elected officials’ powers are only those that are given explicitly to them in statute or the constitution.

Legal challenges needed to bring clarity

Jones, Fontes’ spokesperson, said the office had no power to address whether signatures were valid, because the office presumes “anyone who met the requirements at the time of filing their signatures are valid candidates.” Fontes, a Democrat seeking reelection this year, said he would not appeal the ruling given the “fast approach of the election and the challenging job election administrators have before them.”

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He also stood by his decision, but said the court ruled with voters. “Both approaches, being reasonable, the Court entered an order with a lean towards the voters, not the party leaders,” Fontes said.

Como did not find Fontes’ approach was reasonable, saying it was beyond Fontes’ authority.

“The judge noted that even Fontes admitted this issue would cause confusion for the voters, but Fontes disregarded that concern and the obvious truth, and proceeded to allow them to continue the charade,” Arizona Republic Party Chair Sergio Arellano said, responding to the ruling.

That Fontes will not appeal was welcome, because “he has already cost taxpayers too much money” and “further eroded trust in our election officials at a time when that trust is already at an all-time low,” Arellano said.

Eleven candidates are running for office with the Arizona Independent Party name, or whatever it turns out to be. That includes candidates for Congress, governor and state Legislature. Hugh Lytle, the party’s preferred candidate for governor, said in a statement the ruling proves “how far the political parties will go to protect their grip on power.”

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Lytle is among the candidates who could face a challenge to his just over 6,000 signatures. Of those, just 132 were gathered via the state’s online system, which requires verification before signing. The remaining could be more vulnerable to objections.

Ultimately, Lytle said, the judge’s ruling wouldn’t change much.

“We are on the ballot,” he said.

Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.



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