TexasCHLforum.com

What is the law concerning firing a warning shot
in a harmless direction to scare off someone
who is attacking someone else. Assuming a situation
like a gang beating someone up or to stop a rape

Legally, firing a warning shot is not a good idea. Specifically Public Endangerment, Discharging a firearm in City Limits, or any number of other charges.

Realistically, if there is a need to draw your CW then there is the need to shoot to stop the threat.

You may need all your rounds to stop that threat, especially if there is more than one attacker and if they are armed. Wasting one by firing a warning shot is just stupid.

I have seen a lot of your posts asking questions that should have been asked in your CC class to your Instructor. I am finding it hard to believe that you have a Texas CHL when you continue to ask these strange questions (ones you should already know).

All warning shots should be to center mass, or the head. Really not kidding there. If you feel the need to pull your weapon, it has to be because you understand that failure to do so will result in the death and serious injury of you, or an innocent third party. If you pull your weapon and fire a "warning shot", then you stand a good chance of getting charged for it...big time, losing your CHL and doing time, time. You never know where that warning shot is going to end up.

RJ

johnson0317 wrote:All warning shots should be to center mass, or the head. Really not kidding there. If you feel the need to pull your weapon, it has to be because you understand that failure to do so will result in the death and serious injury of you, or an innocent third party. If you pull your weapon and fire a "warning shot", then you stand a good chance of getting charged for it...big time, losing your CHL and doing time, time. You never know where that warning shot is going to end up.

RJ

AEA wrote:Legally, firing a warning shot is not a good idea. Specifically Public Endangerment, Discharging a firearm in City Limits, or any number of other charges.

Realistically, if there is a need to draw your CW then there is the need to shoot to stop the threat.

You may need all your rounds to stop that threat, especially if there is more than one attacker and if they are armed. Wasting one by firing a warning shot is just stupid.

I have seen a lot of your posts asking questions that should have been asked in your CC class to your Instructor. I am finding it hard to believe that you have a Texas CHL when you continue to ask these strange questions (ones you should already know).

Alan, While i agree with most of your post, we (at least not me) weren't in his CHL class and don't know what his instuctor did or didn't do.

Yes, I know.

But some of his questions really knock me over.

Not to even mention the use of the "Search" function that would show answers to these types of questions mostly by people who had not obtained their CHL yet.

Here are some thread titles you would have found if you used the search function dude:

"Anyone carry blanks (for the purpose of a warning shot)?" viewtopic.php?f=53&t=29596&hilit=warning+shot

"Would you fire a warning shot?" viewtopic.php?f=7&t=1539&hilit=warning+shot

"Kansas CHL arrested for firing warning shot" viewtopic.php?f=7&t=37755&p=448762&hili ... ot#p448762

"One more reason not to fire a warning shot" viewtopic.php?f=108&t=46795&p=571380&hi ... ot#p571380

If you are going to fire a warning shot, doing so with anything other than a blank cartridge is just plain irresponsible. Are you prepared for the consequences of hitting someone 6 blocks away where your bullet comes down? And carrying a blank for the purpose of firing a waring shot is just dumb. In the thread where the OP asks about carrying blanks, my response was this:

"Warning shots" are a horrible idea. Don't pull the gun until you have no other choice. Don't pull the trigger unless you really need to shoot the other guy. A warning shot simply leaves you with one less round, which you may later regret. And if you're carrying a blank in the chamber, then you are down a round from the get go.

And then there is the possibility that you don't have the luxury of a warning shot, and now you've got to clear a blank from the chamber, either by firing it or by racking the slide, before you can bring it into play in your own defense.

Bad idea all around.

If you're not prepared to shoot somebody with the first round available in the chamber, then you have to seriously question if drawing the gun was justifiable in the first place. If there is an actual justifiable need to draw the gun, then there is no further justification needed to shoot. The gun is not a magic talisman, the mere sight or sound of which will necessarily deter an eminent attack or stop an attack in progress. The idea of firing a warning shot sounds like you either have doubts about the justification for shooting, or are unsure of to which degree do you owe an assailant a warning. If you have those doubts, then don't draw the gun. It's that simple. A verbal warning, before an attack is sufficient warning. Such a warning need be nothing more than shouting, "if you come closer, I WILL defend myself." You have no moral obligation to inform them HOW you will do that. The ENTIRE responsibility for the outcome of an assault lies squarely on the shoulders of the assailant. If you are not convinced of this principle, that means you are questioning your own motives. That's OK.....but if you are questioning your own motives, then you probably can't justify drawing your gun and firing it.

stephengauntt wrote:What is the law concerning firing a warning shot
in a harmless direction...

PC 42.01(7)
PC 42.01(8)
PC 42.01(9)

Plus: Agg assault, intentional failure to conceal, criminal mischief (depending on where round lands), and probably some municipal violations.

Any or all of these could be applied depending on the situation. Also, in public, what exactly is a harmless direction?

Tactically it is a very bad idea. First it means you have wasted ammo that you might need to stop the threat. Secondly it can give the threat the idea that you are only trying to scare them off and will not shoot them. Third it may alert an accomplice to move in, now your facing a two on one situation that could have been a one on one situation if the original attacker had been perforated. Fourth it might attract attention from another armed good guy who might mistake you for the bad guy(s). I could go on, but the idea is clear.

Jeff Cooper would say that a warning shot should be placed center mass, followed by an "Seriously, stop that now!" shot to center mass, and a final "I mean it!" shot to the frontal lobe.

...NEVER...

Waste of ammo

No such thing. Any shots fired have to be justified as being reasonable in the context of use of deadly force. You don't warn. You shoot to stop (or whatever word it is that you choose to insert).

Waste of good ammo--if you are going to have to defend life and limb (yours or someone else's) you need all the ammo you can get. There is no guarantee that the ammo you have on hand is enough to accomplish the task so don't waste it. You may only see one threat at this time so you think that X rounds you have is enough to stop the threat but it may not be--what if he/she has an accomplice? No if you are going to warn (which I don't necessarily recommend) do so verbally ready to pull and fire if the warnings are not heeded.

I like to ask the same questions repeatedly you would be
surprised how the answers to the same ???
keep changing. I will continue to ask questions that
some of you feel are stupid. You will be surprised
at the amount of useful info I get by asking so called
stupid questions repeatedly.

Amen