1. This section shall be known and may be cited as "Blair's Law". 2. A person commits the offense of unlawful discharge of a firearm if he or she recklessly discharges a firearm within or into the limits of any municipality. 3. This section shall not apply if the firearm is discharged: (1) As allowed by a defense of justification under chapter 563 ; (2) On a shooting range that is: (a) Indoor; (b) Owned or operated by the state or any political subdivision; (c) A commercial shooting range, including any range used by paying members; and (d) Supervised by any person eighteen years of age or older; (3) To lawfully take wildlife during an open season established by the department of conservation. Nothing in this subdivision shall prevent a municipality from adopting an ordinance restricting the discharge of a firearm within one-quarter mile of an occupied structure; (4) For the control of nuisance wildlife as permitted by the department of conservation 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 his or her duties; (7) Using blanks; (8) More than one mile from any occupied structure; (9) In self-defense or defense of another person against an imminent or ongoing animal attack unless the self-defense or defense of another person is a gross deviation from the standard of care which a reasonable person would exercise in the situation to protect oneself or the other person from such animal attack and such person shall not have a duty to retreat; (10) In defense of a domestic animal against an imminent or ongoing animal attack, unless the defense of the domestic animal is a gross deviation from the standard of care which a reasonable person would exercise in the situation to protect a domestic animal from attack; or (11) By law enforcement personnel, as defined in section 590.1040 , or a member of the United States Armed Forces if acting in an official capacity. 4. A person who commits the offense of unlawful discharge of a firearm shall be guilty of: (1) For a first offense, a class A misdemeanor; (2) For a second offense, a class E felony; and (3) For a third or subsequent offense, a class D felony.
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