The Sedona Police Department has officially nixed a policy that permitted officers to fire warning shots under specific scenarios, a move that has garnered both praise and scrutiny. The eliminated policy, detailed in an earlier version of the department's manual, described situations where warning shots "may not be discharged unless the member reasonably believes that they appear necessary, effective, and reasonably safe." This policy was highlighted by Judicial Watch, a conservative nonprofit that monitors government conduct, before the SPD decided to amend its stance on the issue, as reported by Sedona Red Rock News.
Mark Spencer from Judicial Watch criticized the former policy, calling it "incredibly dangerous and is a city liability waiting to happen." He further likened it to "Barney Fife firearms tactics," suggesting a lack of professionalism and potential harm stemming from such practices. Inspired by their advocacy, SPD updated their rules on October 7 to completely forbid the use of warning shots in any circumstance, aligning with the training at Northern Arizona Regional Training Academy, where they do not include warning shots in their curriculum. According to the Sedona Red Rock News, the new policy is more rigid, stating: "Any discharge of a firearm must be justified under the department’s deadly-force standards and applicable law."
However, according to a FOX 10 Phoenix report, the former policy's existence raised questions of legality and public safety, with policing experts pointing out the conflict between firing warning shots and state law—specifically Shannon's Law, which outlaws negligent firearm discharge. The report also included insights from ex-deputy chief Ryan Kwitkin, a plaintiff in a lawsuit against the city who argued against warning shots as a policing tactic and faced termination, allegedly due to his opposition.
The broader picture in Arizona shows a strong stance against the use of warning shots across the board, with nearly every major law enforcement agency prohibiting the tactic. Only a handful of agencies maintained ambiguous policy language, which may have allowed for the discretionary use of warning shots. An extensive survey conducted by FOX 10 Phoenix gathered responses from over 40 agencies, establishing that tactics like firing warning shots are neither encouraged nor safe in modern police work. Reasons against such tactics include the risk of escalating violence, endangering bystanders, and deviating from best police practices.
Subsequent to receiving inquiries about their warning shot policy, several departments, including the Round Valley Police Department, revised their policies. The new policy, hastily altered after the initial questions were raised, simply states, "Warning shots are not authorized," underscoring the discretionary power of police chiefs and sheriffs in shaping internal policy. Moreover, the fallout from the Sedona Police Department's now-defunct policy serves as a call for other agencies to reassess and tighten their use-of-force guidelines to better safeguard the communities they serve and prevent potential tragedies.
