Question to "gunners" about gun rights in the United States

reply to post by InverseLookingGlass

I want to know what people believe regarding the right to fire a "warning shot" from your legally owned gun.

I don't think there is anything that anyone could use to make this a one-size-fits-all.

As a gun owner with a home and a family, I would use my firearm to protect both but at different levels. For instance, I wouldn't shoot someone if they stole the lawnmower or a rake from my yard. But come busting through my door or crawling through my window at 2 am and I wouldn't hesitate to put some lead in their butt.

As for a warning shot? I don't see the purpose of this except as being a cop and challenging a perp or suspect. But again, it all depends on the moment and the need to protect different things.

I could not live with myself if I failed to protect my family. Anyone else would not live if they tried to harm them.

Kinda like that.

Firing a warning shot is stupid. Why would anyone do that. If they got a gun there would be a gun battle. I would make sure you aren't shooting a relative or friend trying to get in for a legit reason before shooting the gun.

reply to post by redoubt


As for firing a 'warning shot' to challenge a 'perp', federal POST (Peace officer standards and training) states pretty emphatically that doing so is willful negligence at best, and will revoke your certification nationwide...

reply to post by InverseLookingGlass


Warning shots in the military were done away with long ago. Now they are shouted commands and chances are that if you don't follow them, you will be shot.

To be truthful, I am in a quandry.

Keep the weapon loaded, safety on and ready to fire.
Or...
Safety off, chamber empty.

Remember, I don't carry at all times and any firearms that I may or may not have in my house will not always be near me.

I guess that it's a fifty-fifty chance concerning any would be miscreant when it comes to my domicle.

when do the bad guys ever call n say they r coming to rob your house rape your children n wife, and burn yur house down?????? they dont do they!!!!!!!!!!!!!!!!!!!!!
if they show up to do harm why would u give them a chance to shoot 1st???? do u live alone n have nobody to care about??? next time u is in a bar n a fight breaks out u try that. yell "stop we gota warn ppl b4 we hit them" do u think it will work??? lets b serious.

reply to post by projectvxn

Who said that the "warning shot" has to be into the air? That would be irresponsible (in fact, a child was killed 10 miles from here last New Year's Eve by some idiot firing a gun into the air). But I would rather shoot the dirt than kill someone who was not threatening me while at the same time not letting the dirtbag get away. Most will stop if the gun goes off - as it isnt worth getting killed - even if illegal to kill them for trespassing. We have called the police before on poachers shooting at deer on our place and they dont even bother to come out. They do respond to "prowler calls" tho. I actually caught and released a prowler Sat night. I was armed but it was in the carry case and I shined the search light (other hand) where the dog was barking and he surrendered. I choose to escort him off the place rather than call the police altho my wife called the police when I told he about it (she was not home at the time). To be honest I doubt that I would have fired a "warning shot" if he ran but I still have no problem with that as long as it is done in a safe manner (in the ground and not in the air or on a hard surface). I just would not volunteer that information to the police if a report was filed.

reply to post by CosmicCitizen

Addendum> I know it is against police policy to shoot warning shots but personally, I think that there is too much use of "lethal force" ("I felt threatened when he moved suddenly...." etc) that would probably not happen as frequently if the police felt comfortable in a step between aiming the weapon and shooting to kill (unnecessarily). Obviously that means using common sense and not going around and shooting innocent bystanders. Also it seems that the police are trigger happy when it comes to shooting an approaching dog that might not be necessary if they fired into the ground to scare it off first. Just my .02.

reply to post by CosmicCitizen

But I would rather shoot the dirt than kill someone who was not threatening me while at the same time not letting the dirtbag get away.

Ricochet.

Also legally speaking discharging a firearm not in the spirit of true self defense will simply get you charged with negligent discharge of firearms within city limits.

reply to post by thisguyrighthere

Thanks for the reasonable replies all.

Fairly unanimous on the impracticality, lack of moral entitlement and illegality of firing a warning shot of any kind. I get it.
BTW, I have skin in the gun control issue as I stand to lose property if proposed elements are passed. There was a survey by policeone.com that had 60+% of LEO's saying a mandatory gun safety class wouldn't do any good. I'm still trying to process that piece of information.

So now I'm trying to drill down on the morality and legality of simply missing your target in a self defense scenario. Maybe I'll need another post but the question will be something like; "Do you have a constitutional, moral and/or legal right to miss your target when shooting in self defense?"

reply to post by InverseLookingGlass

"Do you have a constitutional, moral and/or legal right to miss your target when shooting in self defense?"

If you really have a moral issue with hitting a target when shooting in self defense, you should not carry a weapon... on moral grounds.

As far as i know, you have a legal right to miss a target when shooting in self defense. It just isn't the most intelligent option, unless your goal is to be killed or wounded, in which case, you may need to see a mental health professional.

I am not even going to mention the constitutional issue, I think the first two cover it.

A warning shot is against the law where I live;

Texas Penal Code title 22.05

22.05. DEADLY CONDUCT.
(a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.

(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.

I obey the law.

***

Edit to add: You could argue that if you pointed AWAY from the assailant, that it wasn't deadly conduct. But then you'd be recklessly discharging a firearm, and that would be a different criminal offense (shooting with no regard for a target is reckless by anyone's definition....)


Edit to Edit:

Regardless of all the above, what if the person you are trying to scare is an undercover police officer/agent? Discharging a gun "at" them is all the probable cause that po-po needs to punch out your time-card. So, warning shots are hollywood, dangerous, illegal, and probable cause. No thanks.

reply to post by InverseLookingGlass


You fire a warning shot when you plan on your next shot being to the head. That is my view point.

I don't think you have a right to fire a warning shot. Some states require it, i think. Texas does not.

If you are trained, you are typically trained to never do this. If you discharge your weapon, it should be with serious intentions, not empty threats.

Originally posted by CosmicCitizen
reply to post by projectvxn

 

Who said that the "warning shot" has to be into the air? That would be irresponsible (in fact, a child was killed 10 miles from here last New Year's Eve by some idiot firing a gun into the air). But I would rather shoot the dirt than kill someone who was not threatening me while at the same time not letting the dirtbag get away. Most will stop if the gun goes off - as it isnt worth getting killed - even if illegal to kill them for trespassing. We have called the police before on poachers shooting at deer on our place and they dont even bother to come out. They do respond to "prowler calls" tho. I actually caught and released a prowler Sat night. I was armed but it was in the carry case and I shined the search light (other hand) where the dog was barking and he surrendered. I choose to escort him off the place rather than call the police altho my wife called the police when I told he about it (she was not home at the time). To be honest I doubt that I would have fired a "warning shot" if he ran but I still have no problem with that as long as it is done in a safe manner (in the ground and not in the air or on a hard surface). I just would not volunteer that information to the police if a report was filed.

edit on 16-4-2013 by CosmicCitizen because: (no reason given)

If you are gonna shoot a weapon, you best be meaning it. "Warning shots" are reckless.

If they are running, what are you shooting at? Their back?