Replies

Homeowner fired a gun, he shot no one. Warning shot? Accidental discharge? Pretty high bar to prove intent, here. I don’t know the laws of Michigan or Detroit but it appears that he’s guilty of brandishing and of discharging a firearm in an occupied dwelling, if he’s guilty of anything and if that’s even illegal there. If they want to ratchet this up to some sort of hate crime, what was the crime? Something nebulous like racial intimidation?

https://baronedefensefirm.com/michigan-gun-lawyer/laws-on-warning-shots/

Michigan gun laws on warning shots are not clear. The term warning shot does not appear in the Michigan Penal Code and is not otherwise contained in the Self-Defense Act. Without clear guidance from statutory law, courts are left to determine if the action of firing a warning shot is to be considered under either the use of force standard or the use of deadly force standard.

Although the firing of a warning shot is not per se legally forbidden, one should be aware that if they fire a warning shot, it is highly likely that their conduct will be judged under the legal standard that they have used deadly force and not just mere force.

This means that a person may only be allowed the legal argument of justification if a warning shot is fired in situations in which deadly force is justified under the Michigan Self-Defense Act.

I have no desire to face a Maryland jury, and I suspect a Detroit jury would be even worse. We’ll have to find out what the video shows, but a warning shot will land him in front of a jury. Negligent? Quite possible, but that might be just as dangerous a claim.

Saw him interviewed this morning, he’s about 6’ tall and very well spoken. Rochester Hills is a safe, upscale community way north of Detroit with a very low crime rate. I have no reason not to believe the kid and the home owners were way out of line in the action they took.......If you answer my knock on your door with a shotgun, I’m likely to start running away too but I wouldn’t expect you to shoot at me.