So now Iām confused about warning shots⦠Allowed or not allowed⦠That is the question?
āIt dependsā
The experts will often say āneverā, but never is a very strong word and is rarely the correct descriptionā¦but warning shots are, Iāll phrase it, ārarely the best course of actionā. I donāt quite want to say never as I have come across some scenarios where a warning shot did seem to be best/safest/most effective, butā¦very, very uncommon.
Note that in this case, the warning shot didnāt accomplish anything, and brought risk with it.
Warning shop appropriateness might not be far off from like one in a million, āso youāre telling me thereās a chanceā
Iām more concerned about the prosecution.
What would be their point of view
Iām not worried about my tactics and where to shoot to stop the threat. But Iām still thinking how to act and not being charged for negligence⦠So perhaps itās better to shoot at the abdomen or leg instead of warning shotsā¦
I donāt know why a person would aim for the abdomen or leg if more-likely-to-stop-the-threat targets are available, such as the cardiovascular triangle as some of the USCCA training calls it, aka, high center mass.
Iām not a lawyer, but, shooting someone with a firearm is going to be considered lethal force, regardless of where you shoot them, and could very well kill them, even abdomen or leg, so, when lethal force is necessary and justified to stop that imminent threat of serious harm/death/forcible felony/check your local listingsā¦why would a person not aim for the most likely to STOP the attacker location?
The homeowner nailed it with āLife is a gift. Use it wisely.ā
Shooting someone means youāve determined that you have the means, authority, and omniscience to take that divine gift away and are fully prepared to accept the consequences (e.g., legal prosecution) of your actions.
omniscience would seem to be overstating it a bit
But yes, using lethal force on another person should only be done if facing legal prosecution is less bad than what you reasonably believe will happen if you donāt use that force (as one way of looking at it)
DA: āwhy did you shoot him in the head?ā
Defendant: āI was aiming for his leg!ā
And he had his head tucked between his legs. OOPS!