1942bull
Member
In preface to that which follows It should be understood that I am not a lawyer. I am a reasonable man and write the following based upon my reasoning in light so PA Law. I have no idea how the below might apply in any state except PA.
The topic of this thread is not only interesting but also drought with the possibility of making misjudgments. So I took the time to review the PA statute on Crimes and Offenses(Title18, sec 500. Therein, several subsections show the complexity of making judgments about a warning shot. I have selected certain passages of the law to illustrate the complexity not justify any action taken by anyone.
The PA Law contains the words below that are in quotation blocks. My thoughts follow each quotation in plain text.
In preface to that which follows It should be understood that I am not a lawyer. I am a reasonable man and write the following based upon my reasoning in light so PA Law. I have no idea how the below might apply in any state except PA.
Therein, several subsections show the complexity of making judgments about a warning shot. I have selected certain passages of the law to illustrate the complexity not justify any action taken by anyone.
The PA Law contains the words below that are in quotation blocks. My thoughts follow each quotation in plain text.
So proving a warning shot was justified is an acceptable defense if the shooter is charged.
This leads me to believe that a warning shot could be justified depending upon the nature of the threat.
Again this seems to make a warning shot reasonable as self-protection.
A warning shot properly executed is not going to cause death or serious bodily injury so in PA it would likely not be “deadly force.”
Next I reviewed the laws of the township where I reside and also surrounding townships. All had a prohibition against discharging a firearm in the township(s), unless fired by an Official legally authorize to do so, or if fired in self defense. There were no definitions of self defense so the State’s laws would apply to that determination, which would be base on the previously enumerated factors and other parts of the Law.
If nothing else the above makes it clear why consulting a qualified attorney is important when considering one’s rights and liabilities under the law.
Good luck out there.
.
.
The topic of this thread is not only interesting but also drought with the possibility of making misjudgments. So I took the time to review the PA statute on Crimes and Offenses(Title18, sec 500. Therein, several subsections show the complexity of making judgments about a warning shot. I have selected certain passages of the law to illustrate the complexity not justify any action taken by anyone.
The PA Law contains the words below that are in quotation blocks. My thoughts follow each quotation in plain text.
In preface to that which follows It should be understood that I am not a lawyer. I am a reasonable man and write the following based upon my reasoning in light so PA Law. I have no idea how the below might apply in any state except PA.
Therein, several subsections show the complexity of making judgments about a warning shot. I have selected certain passages of the law to illustrate the complexity not justify any action taken by anyone.
The PA Law contains the words below that are in quotation blocks. My thoughts follow each quotation in plain text.
Justification a defense.
In any prosecution based on conduct which is justifiable under this chapter, justification is a defense.
So proving a warning shot was justified is an acceptable defense if the shooter is charged.
Justification generally.
(a) General rule.--Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if:
(1) the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged;
This leads me to believe that a warning shot could be justified depending upon the nature of the threat.
Use of force in self-protection.
Use of force justifiable for protection of the person.--The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion;
Again this seems to make a warning shot reasonable as self-protection.
"Deadly force." Force which, under the circumstances in which it is used, is readily capable of causing death or serious bodily injury.
A warning shot properly executed is not going to cause death or serious bodily injury so in PA it would likely not be “deadly force.”
Next I reviewed the laws of the township where I reside and also surrounding townships. All had a prohibition against discharging a firearm in the township(s), unless fired by an Official legally authorize to do so, or if fired in self defense. There were no definitions of self defense so the State’s laws would apply to that determination, which would be base on the previously enumerated factors and other parts of the Law.
If nothing else the above makes it clear why consulting a qualified attorney is important when considering one’s rights and liabilities under the law.
Good luck out there.
.
.