OR:Warning Shot Brings Help

Gun Watch ^ | 22 October, 2014 | Dean Weingarten

[marktwain]

Devon Woltring

I am not a fan of warning shots.   The bullet has to go somewhere;  in densely populated areas, there is a chance that an innocent person could be injured.   Still, I run across stories where warning shots seem to have "worked".  That is, the warning shot seems to have accomplished some good purpose, whether to defuse the situation without anyone being killed or wounded, or, as in this case, to bring help.

The suspect above is accused of stealing money from a resident, then returning to attack a resident of the home involved.  From kgw.com:

"The resident was armed with a 9 mm handgun, and the two struggled over the weapon," Sytsma said. The suspect then assaulted a guest in the home.

The resident fired a warning shot and a neighbor then intervened, dragging the suspect from the home and detaining him until police arrived.

"Warning shots" were often used prior to the late 1970's.   They went out of favor with the liability and litigation explosion that was occurring at the time, and with better communications and higher concerns over police responsibility.  During the same period, the courts neutered many of the "fleeing felon" statutes on the books.  

In most situations resolution without anyone being killed or wounded is better than the alternative.   I do not know the details involved in the altercation mentioned in the news article, but I suspect that the armed homeowner was pleased that he did not wound or kill anyone.  

We would have  to follow the career of Devon Woltring through any legal action, and for the rest of his life, to have an understanding if he will contribute to society, or at least not be a detriment.  By 21, peoples personalities are pretty well formed, and hard to alter.  Maybe this experience will be a "road to Damascus" moment, and he will come to Jesus.  The odds are against him.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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[marktwain]

Guns have been used as a means of communication ever since they were invented. A warning shot is a method of communication.

[MrEdd]

And down into the dirt minimizes the potential downside.

[G Larry]

Be smart enough to say that you feared for your life, fired, and missed.

NEVER call it a “warning shot”.

[Blue Jays]

An ideal warning shot would place the warning bullet through the criminal's forehead.
That way he would receive clear warning that he is in the midst of committing an unwanted home invasion.

[Haiku Guy]

In many cities and towns, unless you fear for your life, you are not permitted to fire you gun within the city limits. So a warning shot is not legal, because if you feared for your life you would have been aiming center mass.

So, Larry is right. If you choose to fire a warning shot, make sure it is a situation where firing to kill is warranted, and say you were shooting to kill and missed.

[Blue Jays]

While it is splitting hairs...one technically does not shoot to kill as much as one shoots to halt a deadly threat and sometimes the perpetrator of that threat is killed.

[marktwain]

“In many cities and towns, unless you fear for your life, you are not permitted to fire you gun within the city limits. So a warning shot is not legal, because if you feared for your life you would have been aiming center mass.”

That is a logical fallacy. Shooting center mass is not the only possible response to fearing for your life.

[Haiku Guy]

That is a logical fallacy. Shooting center mass is not the only possible response to fearing for your life.

I know that and you know that. But will Officer Friendly know that? Will the local Prosecutor?

[marktwain]

Or, perhaps, will a jury believe it.

I know there are serious flaws in our criminal justice system. There may be better examples in the world. Maybe Switzerland, I am not sure.

I think, all we can do is work hard at trying to fix the one we have.

[SampleMan]

Hold on a second while I slip on my flame resistant underwear.

Ok, I'm good now.

I think there has always been a good practical purpose for warning shots. When you don't want to kill some idiot hot head, a blast can have a serious effect as an attention getter and firmly establish a red-line, if it has been in doubt.

As a legal matter, it is a liability.

And if it is truly time to act, then feeling that you need to give a warning shot is also a liability.

When would I think about giving a warning shot? Angry drunk man that I just fired shows up screaming at my house and waving a baseball bat. As he approaches a shot into the ground might be useful (many variables involved for sure) to sober him up a bit.

I would never tell my wife or daughters to give a warning shot.

[marktwain]

I think you have a good point.