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First, a warning shot is almost always a terrible, terrible idea. That bullet will be going somewhere -- and perhaps somewhere you don't want it to go. And if you're truly in a critical situation facing imminent death, you need to deal with the situation.
Second, in most cases, in most States, threatening someone with a gun (or firing the gun) must be justified on the same basis as using lethal force in self defense. Even in those few States applying a different standard to threatening lethal force you must still be able to show justification for you action.
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(I said you should not shoot a warning shot or shoot at someone unless you are a sure as you can be that it won't hit a bystander). A warning shot is no more likely if careful to hit an innocent bystander that one shot at the person you are intending to shoot. Example
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NEW YORK – All nine people wounded during a dramatic confrontation between police and a gunman outside the Empire State Building were struck by bullets fired by the two officers, police said Saturday, citing ballistics evidence.
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Someone walking towards your car does not equate to imminent death. You need to ( JUSTIFY ) your decision , it doesn't matter if you fired a warning shot, threaten the person with a firearm or shot the person. I can find examples of innocent bystanders being hit with bullets fired at a person, can you find examples of an iniocent person being hit with a warning shot. ?