Depends on how they want to prosecute it, what state its in, etc. Unlawfully discharging an illegal firearm plus reckless endagerment can usually be mitigated to a higher offense when you show an extreme disregard for human life or a gross deviation from what a normal law abiding person would do. Maybe since its an illegal weapon it might be raised up to felony status.
I started checking laws for illinois because you're a fuckin bears fan but im pretty sure you live in washington, so here's what i found after a real brief/lazy search
FOR EDUCATIONAL USE ONLY
West's RCWA 9.41.230
West's Revised Code of Washington Annotated Currentness
Title 9. Crimes and Punishments (Refs & Annos)
Chapter 9.41. Firearms and Dangerous Weapons (Refs & Annos)
9.41.230. Aiming or discharging firearms, dangerous weapons
(1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who:
(a) Aims any firearm, whether loaded or not, at or towards any human being;
(b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. A public place shall not include any location at which firearms are authorized to be lawfully discharged; or
(c) Except as provided in RCW 9.41.185, sets a so-called trap, spring pistol, rifle, or other dangerous weapon,
although no injury results, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) If an injury results from a violation of subsection (1) of this section, the person violating subsection (1) of this section shall be subject to the applicable provisions of chapters 9A.32 and 9A.36 RCW.
CREDIT(S)
[1994 sp.s. c 7 § 422; 1909 c 249 § 307; 1888 p 100 §§ 2, 3; RRS § 2559.]
HISTORICAL AND STATUTORY NOTES
Finding--Intent--Severability--1994 sp.s. c 7: See notes following RCW 43.70.540.
Effective date--1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439-460: See note following RCW 9.41.010.
Laws 1994, 1st Sp.Sess., ch. 7, § 422, rewrote this section, which formerly read:
"Every person who shall aim any gun, pistol, revolver or other firearm, whether loaded or not, at or towards any human being, or who shall wilfully discharge any firearm, air gun or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury result, shall be guilty of a misdemeanor."
Source:
Laws 1888, ch. 55, §§ 1 to 3.
RRS § 2559.
CROSS REFERENCES
Discharging firearm at railroad rolling stock, see § 81.60.070.
LIBRARY REFERENCES
2003 Main Volume
Weapons 4.
Westlaw Topic No. 406.
C.J.S. Weapons §§ 9 to 10.
RESEARCH REFERENCES
Treatises and Practice Aids
11A Wash. Prac. Series WPIC 133.20, Aiming or Discharging a Firearm-- Definition (Replacement).
11A Wash. Prac. Series WPIC 133.20, Aiming or Discharging a Firearm-- Definition (Revision).
11A Wash. Prac. Series WPIC 133.21, Aiming a Firearm--Elements (Replacement).
11A Wash. Prac. Series WPIC 133.21, Aiming a Firearm--Elements (Revision).
11A Wash. Prac. Series WPIC 133.22, Discharging a Firearm--Elements (Replacement).
11A Wash. Prac. Series WPIC 133.22, Discharging a Firearm--Elements (Revision).
13B Wash. Prac. Series § 2802, Statutory Definitions--Other Offenses.
13B Wash. Prac. Series § 2804, History of Statute.
NOTES OF DECISIONS
Dwelling houses 5
Included offenses 1
Necessity 2
Tear gas projectors 3
Traps 4
1. Included offenses
Crime of willfully discharging firearm (§ 9.41.230) was not lesser included offense in charge of second-degree assault (§ 9.11.020(4) repealed). State v. Bishop (1971) 6 Wash.App. 146, 491 P.2d 1359, review denied.
2. Necessity
Law does not except prohibition against setting of spring gun only when necessary to prevent capital crime; homicide for prevention of any forcible and atrocious crime is justifiable. State v. Marfaudille (1907) 48 Wash. 117, 92 P. 939.
Reasonable necessity of employing spring guns and other defensive machinery for protection of property, which has resulted in death of trespasser, is question of fact which should be left to jury. State v. Barr (1895) 11 Wash. 481, 39 P. 1080.
3. Tear gas projectors
Where plaintiff and defendant respectively alleged and denied, in action for injuries caused by discharge of tear gas projector, that projector was firearm or dangerous weapon, and there was conflicting evidence on that issue, instruction that projector was such a firearm or weapon and that defendant was negligent per se in aiming it at plaintiff was properly refused. Kindelspire v. Lawrence (1954) 44 Wash.2d 722, 270 P.2d 477. Trial 191(7)
4. Traps
Statute, which set forth the crime of using traps, spring pistols, rifles, or other deadly weapons, referred only to traps activating the triggering mechanism of a pistol, rifle, or other dangerous weapon and not to other dangerous traps or snares such as barbed wire. State v. Lundell (1972) 7 Wash.App. 779, 503 P.2d 774.
5. Dwelling houses
Party does not have absolute right to set spring gun that will discharge on opening of door of dwelling house, when there is no one in dwelling whose life can be endangered by any burglary committed thereon. State v. Barr (1895) 11 Wash. 481, 39 P. 1080.
West's RCWA 9.41.230, WA ST 9.41.230
Current with 2007 legislation effective through June 11, 2007
© 2007 Thomson/West.
END OF DOCUMENT
(C) 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works
.
