Warning shot

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BMC

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I'm not sure if this is the right place to ask this, but I'm sure the moderator will decide for me.
WARNING SHOT - like when someone is slowly walking towards me with a bottle or a knife.
Do I shoot into the air or unto the ground.
Air shots may cause injuries to some bystander far away. If it's on the ground what if it's concrete, gravel, or soft soil?
Or is a warning shot even necessary? I feel I like to settle the conflict without any bloodshed.
I hope and pray I, or anyone I know will never get involved in a violent scene. But I just want to hear from the pros on this topic.
Thank you in advanced.
 
IMHO, all warnings should be given before drawing your weapon. Any warning shot should be directed at center of body mass. If the warning is not successful, try another to the head.

There are ways to let the offender know you are armed without a display and firm warnings can be given if you don't feel the threat warrants force. But be prepared to follow through quickly if the warnings fail. NEVER fire a shot that has no target!

Mikey
 
In the air probably would get you a reckless endangerment charge and should. In the ground could as well. Don't be fast on the trigger in this kind of situation. Try to get away if possible. If that isn't possible and the perp keeps coming, use your conscience.
 
I have to agree with mikey if theres no target don't shoot,don't shoot as you said yourself someone else would get injured. as with any self defense if u can run you better do it. Courts aren't to pleased if you have a way to get away and u don't use it. hey if you only have $20 in your wallet give it up better than life in prison but if your life's at state then relie on your weapon.
Had a friend in karate was being mugged with a knife he grabbed the guys arm and twisted it as he did this the guy dropped the knife. my friend proceeded to break his arm. got fined for using excessive for and had to pay the guys doctor bills. i know it doesn't seem right but inmagine if he had shot him. he probually would be behind bars.
 
I'm not a tactical or legal guru, but in my humble opinion, warning shots are generally a bad idea. Let a verbal warning and body language signal your willingness and readiness to shoot. If the bad guy starts to get close enough that his action (stabbing) can beat your reaction (shooting), you're a split second away from death. If your warning shot doesn't work, it's going to be too late to resort to plan "B".
 
Exercising deadly force, lethal to a range of a mile or so, is not a "warning". Ever.

Many innocent people are dead because of "warning shots".

Rule #4: Know your target.
 
If you fire a warning shot, then you are acknowledging that your life is not in Immediate danger. this makes pulling your gun Illegal. A gun should only be unholstered or used when you feel your life is in Immediate danger. therefore your next shot makes you a murderer. at least that is what the DA would alledge.

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10MM Magnum.... tried the rest, now I got the best
 
NEVER fire a warning shot! Remember, if it goes up, it's gonna come down. Firing toward the ground may result in a ricochet.

If you just cannot get away from someone advancing on you with a bottle, knife, club, or other impact weapon, and you are convinced they mean to harm you, IMHO you will be justified in putting a round or rounds into their boiler room.

Mike
 
BMC:

Let me caveat my post with the following: I just remembered that you live in the PI. The answer I provided you is based on what my shooter's education and experience have shown me to be true in the USA.

The laws in the PI are most certainly different...maybe a lot, maybe just a little, regarding use of deadly force. I strongly urge you to find out what the laws are in the PI, your province/state and within the municipal area you live in.

Mike
 
Great responses from all. I'd like to add a thought to this however. Although the law differs greatly from state to state, keep in mind that if you are approached with the perp's intent to "take $20 from your wallet" or "take your car (or radio)", - and you do decide to shoot to prevent theft of property, when the police arrive you should be indicating that when you approcahed the perp and warned him to stop "he approached me and said he was going to <insert nasty verb here> me - I was scared to death that he was going to kill me".

Many states, including Texas, allow the use of deadly force to protect property. However, a more liberal jury may not stomach that idea so your "story" should always indicate a "fear for your life". I am not suggesting that anyone should shoot to protect property, nor am I suggesting they do not. This will be your decision and a difficult one at that. There is a very fine and short line between mercy and stupidity (opps I should have shot...) when in this situation. It's dark, you tell a perp to STOP, he moves his hand toward his pocket or waistline - do you WAIT to see IF he is armed? It just may be too late for you at that point.

I hope I don't ever have to make that decision. Be safe.

CMOS

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In my state, a warning shot will land you in jail. If you had time to shoot a warning shot, you didn't need to shoot. Pull the gun, if you feel you must. Let that be your warning. If the BG continues attacking, shoot him. In most cases, he'll think better of it and leave as soon as he sees the gun.

My state does not allow the use of deadly force to protect property. If property is all that is at stake, leave the gun holstered and grab a big stick or whatever else is handy. Pulling the gun to protect property will get you into a lot of trouble.
 
In this state, a warning shot could be appropriate in some situation (esp. rural).

But in the city, the warning should most importanly be given verbally very loudly and forcefully, so others can hear it to later back you up in court. I practice this phrase, and plan on using it if necessary, saying it over and over until either the threat retreats of his own volition, or the firing commences, whichever comes first:

"Get away from me - I'm armed! If you threaten me, I'll shoot you! [repeat]" (Don't use "kill")
 
As a law student I have some knowledge regarding the legal aspects of these questions. First a warning shot is a bad idea because at minimum it would be regarded as negligent conduct and could be reckless conduct. Basically this means if a bystander is killed by the warning shot you could be convicted easily of negligent homocide up to voluntary manslaughter. Regarding the use of deadly force a minority of states require you to retreat from an attacker first, most do not. There is also what is called the "castle" exception. You do not have to retreat in your home or a home in which you are a guest. Deadly force may only be used when deadly force by an aggressor is imminent. You must "reasonably" believe that the threat of death or great bodily harm is imminent. The "reasonable" standard usually refers to what a "reasonable person would do in your situation." It is almost certainly not reasonable to think great bodily harm or death is imminent if you can fire a warning shot. If you act reasonably and an inncocent bystander is killed the court will usually apply a transferred-justification doctrine which means that you will not be criminally responsible for that homocide. Basically from a legal standpoint warning shots are a really bad idea. Hope this helps.

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God Bless America
 
OOPPS, to be clear all of my comments are in regards to the U.S. not any other countries.

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God Bless America
 
I do not have clear idea on the subject of how the warning shot might be interpreted
by court, but I think that it is generally
a very strong way to make a point....if verbal warning is not working.
By firing the warning shot, somebody demonstrates that weapon is functional,
loaded and there is NO
fear or hesitation of pulling
the trigger. I believe that if a bullet hole
in the ground will prevent the need to
make a hole in a human body, that is much
better alternative...At least, somboody
might get a chance to claim that he tried to avoid harming the "bad guy" by giving him the clear indication of being serious...

Of course, somebody can afford this warning
shot only if time and distance allows....
 
I made the decision years ago that by the time my gun has to come out of the holster, we are already way past the warning shot stage.

[This message has been edited by Grayfox (edited November 10, 1999).]
 
Many years ago a friend of mine who was on the Highway Patrol and my neighbor, a deputy sheriff, were working a rather ugly scene between the United Mine Workers of America and management in a nearby coal mining town.

Some strikebreakers from the East were imported and for whatever reason they managed to threaten a school bus full of kids. My patrolman buddy and the deputy stopped the not so nice guys on a rural Wyoming road. The patrolman told me he was confronted by two carloads of "tough guys" who refused his lawful order to stop. Again he ordered the fellows to stop, but this time he had his revolver drawn. The folks became quite combative. In the mean time my neighbor shows up and exits his patrol car with his Remington 870. A verbal exchange ensues between the horribly outnumbered patrolman and the toughies. Anyhow, the patrolman told me he hears the deputy work the action on his shotgun and the shotgun discharges into the barrow ditch (median) half way between the patrolman and the bad guys. Of course the patrolman about craps his pants and the tough guys hit the dirt. Subsequently the deputy mumbles something about the damn safety on the shotgun needing to be fixed.

OK, so we have all heard this fairy tale before, only this time it really happened and it is a matter of public record. The place was Hanna, Wyoming, and the agencies involved were the Wyoming Highway Patrol and Carbon County Sheriff’s Office. Don’t know if Paul ever got his safety fixed or not.

Moral of the story, never fire a warning shot, or is it never say never?
 
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