Another reason why "warning" shots are a bad idea

[Rexster]

The Grand Jury deliberations in the Joe Horn case remain sealed, but two very important factors have been made public: (1) Horn's attorney has stated that he intended to argue justification on the basis of self defense; and (2) a law enforcement officer who witnessed the shooting said that the actions of the decedents were such that Horn could or would have reasonably believed that they were attacking him.

The 911 call indicates that Horn believed that he would be justified under the section of the Texas code that states that deadly force may be used if necessary to prevent the taking of someone else's moveable, tangible property, but there is a big question about whether Horn could present evidence showing that he had in fact been asked to do so by his neighbor; that's a prerequsite under the law.

Nothing to do with the case at hand, but the Horn incident is widely
misunderstood and has been put forth to promote some very erroneous conclusions.

This.

The burglars were actually advancing toward Mr. Horn, though it is debatable whether they were attacking, or just planning to flee past him. He stood in, or along, the way of their escape.

FWIW, I have experienced burglars fleeing in my general direction, after a homeowner turned loose her shotgun at them, so I think I have an idea how Mr. Horn felt at that moment in time. Had they kept running toward my position,
upon seeing me, I might well have fired. I caught the one who surrendered, and the other two changed course and kept running. The fastest runner was notable because I thought he had long hair; actually, he had medium-length hair. The homeowner's swarm of birdshot had hit his forehead, and partially scalped him; his scalp, flapping in the breeze, looked like long hair in the darkness.

 

[Doghandler]

God I hope thats sarcasm...

..

Yah, I gotta remember to control my off beat sense of humor.

 

[Hacker15E]

There is no legitimate self-defense or home-defense tactic for private citizens using small arms that includes "warning shots".

 

[GEM]

Not to be argumentative but here's a strange circumstance. A guy I know is a bird hunter. He was out in the field with his bird dog. He sees his dog running full speed at him - being chased by an enraged ostrich. With his shotgun loaded with bird shot, he fires in front of the ostrich, bouncing some pellets at its legs. It changes course and flees.

It is that a legit use of a warning shot?

There were feral ostriches and emus in TX after the bust in that market. Folks let them loose. I've seen them years ago strolling down roads in the boonies.

 

[poolingmyignorance]

Firing a warning shot, is like faking a punch at somebody who's mad at you and expecting them not to punch you for real.

 

[Double Naught Spy]

True, though "legal" and "good idea" are very often not the same thing.

True, but then again, sometimes shooting a home invader isn't necessarily a good idea either even when it is legal.

There is no legitimate self-defense or home-defense tactic for private citizens using small arms that includes "warning shots".

I am not a big advocate of them either for various tactical reasons involving situational advantage. However, they do work with surprising regularity and they can be performed safely, though few people do so. Along the same lines as not firing a warning shot, I am not a fan of racking a shotgun or semi-auto pistol, or charging a semi-auto rifle. I think they all have the same tactical misgivings along with their noises being highly understated compared to that of a full blow report from a muzzle.

 

[MedWheeler]

A guy I know is a bird hunter. He was out in the field with his bird dog. He sees his dog running full speed at him - being chased by an enraged ostrich. With his shotgun loaded with bird shot, he fires in front of the ostrich, bouncing some pellets at its legs. It changes course and flees.

Not as bizarre, but along the same lines.. was charged by a neighbor's unrestrained Rottweiler one day while mowing my lawn. At the time, I wasn't a regular carrier, but I knew there would one day be issues with this dog or either of the other two these people had (another Rottie and a pit), so I had a Ruger Mk-II in my pocket. I put one round into the dirt in front of the dog, which momentarily stopped its run, giving me enough time to back away (keeping my still-running mower between it and me.) I made it to my door and called it in to the local PD. That, to me, would be a "warning shot" but, for this thread, I think we're talking two-legged assailants (I guess an ostrich has two legs, so maybe it needs to be even more specific.)

 

[Apachedriver]

God I hope thats sarcasm...

decedent [dɪˈsiːdənt]
n
(Law) Law chiefly US a deceased person
[from Latin dēcēdēns departing; see decease]
Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003

He didn't say 'decedent'. He said descendent, which means offspring or moving downward. I'll bet he was talking about offspring.

Either way, the warning shot would be a great decision in an old western movie but not so much in real life.

 

[poolingmyignorance]

He didn't say 'decedent'. He said descendent, which means offspring or moving downward. I'll bet he was talking about offspring.

Either way, the warning shot would be a great decision in an old western movie but not so much in real life.

Kleanbore was refering to my reference about Joe Horn, and used the word
" decedent"
Doghandler used the word " desendent" in a clever play on words, that I intitally missed. Well played Dog.
Nobody was ever really talking about the offspring ever at all.
It would seem the intnet has jaded us all a little bit.

 

[Apachedriver]

,My misunderstanding. I had just read Doghandler's post and then yours so, it seemed to fit in. I thought you responded to him instead of Kleanbore.

Thanks for the correction to me.

 

[ChCx2744]

Here's how I see it: The man was wrong for firing the shot. Period.

 

[FIVETWOSEVEN]

"Stop or I'll shoot!"
"But you just shot me!"
"I know, I fired a warning shot and missed"



I do know of one case where a warning shot saved the day but that was a rare situation.

 

[Mike J]

My wife showed me the incident reported by the OP. It happened fairly close to where I live. Sadly it would seem Clayton County is pushing South.

As far as warning shots. I believe if it is necessary to shoot it is past time for a warning. If the burglars are fleeing I don't believe it is necessary to shoot.

 

[TrafficTech]

To fire a warning shot or not to? It depends on 1000 factors.
But firing anything in the air is always a bad idea.

In Florida you are fully responsible for any projectile the leaving the barrel of your firearm so if you hurt or kill an innocent bystander or someone standing in their back yard 1/4 mile away you will go to jail.


A lifetime ago I was ran of the road by some punk kids, Guess they thought I was an easy target to beat up. As they walked toward my truck bats in hand I got out with a .45 and fired off one round into the ground. They changed their minds about me and left.

At that time and place it worked.

 

[Harley Rider 55]

I'm old enough to have heard the rumor "everyone (LEO included) must fire a warning shot before shooting someone). Anyone not an attorney, generally held that true. Information was not available in days gone by.

 

[Alchymist]

Reminds me of the QUAKER who caught a burglar entering his window.

"My friend, while thou knowest I would do thee no bodily harm, thou art standing where I intend to shoot".