Not sure that’s a good idea
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September 29th, 2013 at 1:52 pm
Well, I don’t *like* warning shots, I think they’re a waste of ammo and often violate rule #4, but I don’t think they should be illegal.
I’m perfectly happy to hold the person firing the warning shot culpable for any damages their misguided attempt at scaring someone off causes. That said, if it can be proven the shot was taking as a warning shot (i.e. not inches above your former husband’s head), then you should be called an idiot by the judge, given a stern look by the bailiff, then walked out of the courtroom back to your life.
September 29th, 2013 at 6:27 pm
Two warning shots to center mass, one to the head. Should be an effective warning to any survivors.
September 30th, 2013 at 8:30 am
I would argue that what a prosecutor calls a “warning shot” could be called a “miss” by anyone else involved in the incident.
September 30th, 2013 at 9:42 am
There needs to be some benefit for NOT using lethal force. Right now in most states, if you get in a threatening situation and pull a gun but don’t shoot and retreat, you’ve even odds of being charged with assault with a deadly weapon – the self defense claim being precluded by just the fact that you didn’t shoot (so clearly it wasn’t a life-and-death situation). I don’t like warning shots because in most situations it’s impossible to make sure you do it in a safe matter.
September 30th, 2013 at 10:13 am
The new Florida law would not make warning shots legal, they would strip the mandatory 10-20-life sentencing if you do shoot a warning shot. Warning shots aren’t recommended, but they don’t warrant 20 years in prison.
September 30th, 2013 at 10:39 am
One round into the ground and the warning “The next shot kills!” might be enough to stop the threat. If not, center mass until the target drops. Head shots are an indication of an intent to kill, not “stop the threat”, and could be the difference between self defense and murder under Texas law. Personally, I’m not all that desperate to kill some poor fool if I don’t have to do it.
October 1st, 2013 at 7:54 am
FL criminal def attorney here. 10-20-Life is bullshit, to be honest. It’s rarely used in way intended and it rarely makes any difference in outcomes, since the guys who should be getting 10, 20 or Life in prison are typically getting it anyway. Murder is already punishable by life. Robbery w/ Firearm is already punishable by life. Etc.
90 percent of 10-20-Life in practice is residential burglars who steal unloaded firearms. Since they became armed during the burglary, they qualify for a 10 year mandatory minimum. It’s basically a plea bargaining pressure tool.