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Old February 28, 2005, 11:48 AM   #1
bci4usa
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Firing you're gun / warning shot

Firing a warning shot is considered assault and reckles conduct.

If you are not in fear of your life, you should not be firing your weapon in such a manner as to cause fear in another.
That goes with Georgia criminal code 16-11-37 a felony.

You should be firing it to cause incapacitation in the threat. Not to wound, not to scare, you shot to stop. That's how you shoot.
If you deviate from this, you'll open yourself up to criminal and ESPECIALLY civil liability.
Georgia criminal codes sections that would apply to a stray bullet hitting an innocent person is 16-5-1 through 16-5-3, 16-5-21, 16-11-139, 16-11-102 16-11-103 just to name a few.
The act of discharging a warning shot is ridiculous thing to do and is a dangerous act, AKA reckless conduct a criminal act and in most cases a felony because it’s a crime involving a fire arm.

Georgia list all of its code section on the net and the web page is
www.legis.state.ga.us

You’re state should have a page like this.

Keep in mind if you do not face the threat of death or serious bodily harm, don't even brandish your firearm.
Doing so loses your element of surprise, and gives your foe the knowledge of what you have.
All he's got to do at that point is walk away, call the cops, and say you brandished your firearm at him for no reason at all.
It might not stick in court, but it’s more hassle than its worth. You gain nothing from the showing of force.

Keep in mind you can beat the case but not the ride.


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Last edited by bci4usa; February 28, 2005 at 11:13 PM.
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Old February 28, 2005, 11:58 PM   #2
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Interesting set of absolutes. Unfortunately with absolutes and behavior, absolutes often turn out to be impractical, wrong, or otherwise problematic.

Quote:
Firing a warning shot is considered assault and reckles conduct.
So what? What is your point?

Quote:
If you are not in fear of your life, you should not be firing your weapon in such a manner as to cause fear in another.
Based on what? What if you are in fear for severe bodily harm or in fear for the safety of another who is being threatened?



Quote:
That goes with Georgia criminal code 16-11-37 a felony.
Georgia law isn't applicable to other states.

Quote:
You should be firing it to cause incapacitation in the threat. Not to wound, not to scare, you shot to stop. That's how you shoot.
Who says that is how you shoot? Who are you to tell us how we should be shooting in future situations about which you have no knowledge?

Quote:
If you deviate from this, you'll open yourself up to criminal and ESPECIALLY civil liability.
If you have the right to use lethal force, then discharging a firearm will be legal, even if you don't intend to hit your bad guy. Also, in just what cases that you know actually document that warning shots open us to civic suits?

Quote:
The act of discharging a warning shot is ridiculous thing to do and is a dangerous act,
Sure enough, more often than not it would be a ridiculous thing to fire a warning shot. It reduces your loaded ammo on hand, shows that you aren't really prepared to shoot the bad guy, otherwise you would have shot him instead of the warning shot. And, sure it is dangerous. Weapon discharges are dangerous by design.

Quote:
Keep in mind if you do not face the threat of death or serious bodily harm, don't even brandish your firearm. Doing so loses your element of surprise, and gives your foe the knowledge of what you have. All he's got to do at that point is walk away, call the cops, and say you brandished your firearm at him for no reason at all.
In many or most states, it is only the perception of pending severe harm or death that is required for making the draw legal.

While you may lose the element of surprise by showing your gun, such an act may serve to warn off the bad guy who would more than likely want a less dangerous victim.

Quote:
All he's got to do at that point is walk away, call the cops, and say you brandished your firearm at him for no reason at all.
All you have to do is to walk away and call the cops to report your actions and let them know that you had drawn your gun on a person that was a threat to you. By calling immediately and first, the benefit of the doubt goes to you, not the other guy. As such, you are explaining that you were an intended crime victim and was able to preclude the crime from happening.

Quote:
It might not stick in court, but it’s more hassle than its worth. You gain nothing from the showing of force.
No, if the show of force prevents the perceived attack from occurring, then you have gained quite a bit (not getting robbed or harmed).

Quote:
Keep in mind you can beat the case but not the ride.
Based on what? If the cops feel you acted appropriately, then they may have no reason to arrest you. This is especially the case if there are witnesses to back your story.

With that said, precluding the crime before it unfolds may serve to beat an early ride to the afterlife.
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Old March 1, 2005, 01:13 AM   #3
bci4usa
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FYI Double Naught Spy,
First this post was in regards to another post that they asked about a warning shot.

I guess and someone closed it down, I wrote this response at the same time the topic was in the process of getting closed down. I wanted to post it after I typed it and wanted to see what people’s reaction to a post with out an attack on anyone views.
I also stated that many states have similar laws and web pages so people could know the law tough guy, read the post.

Do you find fault with my advice (it’s not legal advice I am not an attorney) of how to shoot then that’s you’re problem when you go to jail for life not mine.

It’s you’re money spend it they way you want. Go to work for another person for the rest of you’re life and live on the streets because you can’t make enough money to support you and you’re family and their family.

You can’t claim I did not know I needed to “stop” my attacker to prevent a law suite or criminal charges, dead people don’t talk.

Keep in mind if you stop you’re attacker they can’t sue you and no family member can sue you if you are cleared or any criminal fault.

If you think you are really going to get away with injuring a person or giving them PTSD or anxiety disorder then you are mistaken and again it’s you’re money and you time behind bars/doors not mine.

Think about this if the cop’s get called and they are responds to a call of a man with a gun and he they know you have no problems firing it, just know you are going down at gun point and you more than likely you will have more then one cop pointing a gun at you.
Know you are going for a ride.

If you call the cops and say I need assistance and I got a person at gun point and when they show up and you tell the officer you fired a single gun shot and the person stopped and I held them at gun point till you guys arrived guess what, you are going for the ride tough guy and you will get hit with a felony charge or charges and a few misdemeanor.

I don’t care if you believe me it is not: my ass going for a ride, my money going to waste, my gun getting taken away, my time behind bars/doors, my rights to carry s gun getting taken away so do what you want.
So if you think this is wrong and it’s only illegal in Georgia be my guest.
To tell you the truth Georgia has one of the most relaxed gun lawns and is a gun friendly state so if it’s a problem in Georgia I bet it’s a bigger problem in other states.

All I did was make people aware of the criminal labiality and civil liabilities that they face if they chose to fire a warning shot and that is it so get off my back.
.


Bottom line is a warning shot is criminal and you are going for the ride and I don’t care what state you live in, in every state in the us that is what you call a terroristic threat charge and is a felony and expect a few more charges to go along with that one.

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Old March 1, 2005, 03:36 AM   #4
jlwatts3
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I agree no warning shots. But if its a justified shoot couldn't you just say you missed?
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Old March 1, 2005, 07:06 AM   #5
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DNS's advice is much more on target.

When reading this , the first thing I thought was - there are absolutly no absolutes, outside the big 4

The second thing I thought was- I didn't fire a warning shot I missed.

I can see why the original thread was closed down
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Old March 1, 2005, 09:24 AM   #6
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While you may not think you were giving legal advice, bci4usa, you were giving legal interpretation and then telling people how they should behave based on your interpretation. That makes it legal advice. But that didn't bother me as much as what else you were doing, telling people how to fight and doing so with stated absolutes for situations about which you have zero knowledge.

Quote:
All I did was make people aware of the criminal labiality and civil liabilities that they face if they chose to fire a warning shot and that is it so get off my back.
While this is what you think you did, you presented the information as an absolute and based it on Georgian law that has zip to do with the rest of the country. In fact here in Texas, what you said was completely wrong as there are a variety of circumstances where warning shots are 100% legal.

I would not be on your back if you did not present misleading and wrong information.
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Old March 1, 2005, 09:25 AM   #7
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Well Bci4usa, thanks for your post. I appriciate what you were doing, trying to get everyone to make sure they know their states respective laws. For that, thanks.

There are however, a few things I don't happen to agree with.

Quote:
If you think you are really going to get away with injuring a person or giving them PTSD or anxiety disorder then you are mistaken and again it’s you’re money and you time behind bars/doors not mine.
The fact that someone would try this makes me sick, not really the fact that you posted it. So the poor, poor bad guy who tried to rob or kill me and I wounded him or made him poop his pants, and now hes all anxious. SOB should be anxious. Serves the stupid bastard right for trying to hurt or kill, or rob an innocent person....gimme a break.

And as for the warning shot, "I was just so scared and fearful of being hurt that I missed officer, I was shaking SO badly....then he just stopped and lay down after that......"
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Old March 1, 2005, 10:26 AM   #8
bci4usa
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I can't figure out how to quote.

All I am saying is it's all in the pitch and what you say. What you said I believe won’t get you locked up or help you’re attacker to sue you over it.

If you say to the officer, I pulled out my weapon and fired a warning shot to try and stop will get you locked up or even better when you tell the cop yeah I fully intending to kill the SOB, I bet that will 100% of the time you say that will get you a trip to jail and you may face life in jail for it and that would help them sue you over it.

This is not legal advice and I am not an attorney but if you tell a cop or district Attorney you intended to stop you’re attacker then they have noting to say to you.

If they ask you did you mean to kill them, and you say no I intended to stop them.

If they ask you did you want to wound them and you say no I intended to stop them.

You are going for a ride down town after a shooting no questions asked and they are going to grill you for a few hrs and the police will try and trip you up or get you to admit to the fast you intended to kill and not defend.
Remember it’s the pitch and all in how you say it.

Keep in mind the police arrest and the courts prosecute you for it or not.

The district Attorney can drop the charges because they do not feel they can not win the case.
The district Attorney might not agree with you being arrested in the first place or feel the time you spent behind doors/bars was enough for what you did.

That’s what I mean by you can beat the case but not the ride.

If the district Attorney choose to prosecute you, that means big money. Getting an attorney that is any good is big dollars unless you go with a public (screw ball) defender and that is even more trouble so you are back at square one..
Knowledge is Key and lack of knowledge of the law is not a valid reason or get away with it or makes it any less illegal.

that is why you all need to check you own state laws.

Like i said it's not my time or money.......
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Old March 1, 2005, 11:22 AM   #9
joab
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My Bil is a deputy in Fla
2 cousins are with local PDs , one in Atlanta.

They all say that you are not sufficiently educated on the subject that you are trying to teach
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Old March 1, 2005, 11:59 AM   #10
Rich Lucibella
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Quote:
I can see why the original thread was closed down
Me, too.
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