Anyone who has a firearm needs to have read local “use of deadly force laws” and understand what you can and legally can't do.
Usually they involve a “reasonable man” test and usually the most critical thing you do or don't do is talk to the police after firing your weapon.
Statements, like I need to speak to my attorney before I answer any of your questions are the best response to police. Screaming at the top of your lungs just prior to firing your weapon that you are afraid for your life and telling that to your attorney who will relay it to the police is also good. Likewise telling that attorney that you were afraid for your daughters life will work.
NEVER, NEVER fire a weapon in the air, at the ground. If you have a reason to use deadly force, then use deadly force with the intent of saving your life or that of someone else. To fire any kind of warning shot is for the most part an act of negligent discharge. Oh and brandishing a weapons (i.e. pulling it to intimidate without shooting) is also a crime.
Again, if you pull your deadly force weapon, you need to pass the “reasonable man” test and that means you must pull and shoot, nothing halfway.
Look at what the article says she was charged with. This is a teachable moment.
“....They ended up giving her a citation for negligent use of a deadly weapon for firing within the city limits.
“You can't put other people's lives in danger, you can't put the possibility of injuring somebody in the process,” Artesia Police Department Commander Lindell Smith....”
She shot at the dogs, missed and hit the ground? Then would that be “OK”?
“Again, if you pull your deadly force weapon, you need to pass the “reasonable man” test and that means you must pull and shoot, nothing halfway.”
Idiotic. The old samurai sword must taste blood if it is drawn concept. The majority of defensive uses do not involve a shot being fired at all. You never pull it to run a bluff, but if you are in defense zone and draw, you had better not fire if they drop the knife, turn to run, etc.
Of course, you are so lightning fast that no person could possibly react or stop their attack before your Jerry Miculek act, but for mere mortals, no...drawing is not automatically meaning you must fire.
Conversely, there are more than a few times that having your gun out is completely justified, though firing shot may not yet be.
When you hear an intruder at night, do you holster up before you search the house and then only draw when it’s deadly force time?
You are in a business when an active shooter begins his terror, you and 5 other people seek shelter in the nearest office where you can lock the door. Do you draw and cover the door, or do you remain holstered until you can see the killer at your door?
Bad advice.
Balderdash. At least if you're saying firing a shot into the ground for her stated purpose is "unreasonable". Most "reasonable" men would not fault this woman for shooting at the ground to scare away attacking animals.
Like I said, while technically what this woman did might be "not allowed", there ain't no New Mexico jury that will ever convict her. The prosecutor should use his discretion and drop the charge, or he's going to look like an idiot...
“To fire any kind of warning shot is for the most part an act of negligent discharge. Oh and brandishing a weapons (i.e. pulling it to intimidate without shooting) is also a crime.”
Seems like legally it’s considered better for a woman to be found raped and strangled to death than to have to explain how she scared off her attacker with a warning shot or by showing her weapon. (”Ain’t everybody got it in ‘em to pop a cap on somebody” (Some gang banger in a documentary).)
And in regard to “brandishing”, anybody who carries better practice their quick draw.