Comments by "Titanium Rain" (@ChucksSEADnDEAD) on "LegalEagle"
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@Khronogi If you shoot someone in self-defense and you are cleared of any wrongdoing, it was because the shot was legitimate.
If you don't believe your shot is gonna be legitimate, so you fire a warning shot instead, you've just admitted that there was no reason to discharge the gun in the first place. So you might get charged for whatever wrongdoing you might have accidentally committed.
Now obviously if there's "no harm done" with the warning shot because it didn't hit any bystanders, and the person you scared away was actually a criminal so he doesn't press charges, etc you're probably not gonna get in trouble. But if there's an altercation, there's no clear "bad guy", and you use a deadly weapon to threaten someone, you might get in trouble. The other party can file a complaint claiming you've threatened them with a gun, or you can get charged with an unlawful discharge of a weapon in a residential area.
You generally don't get in trouble for a warning shot if you had the legal right to shoot at the aggressor in the first place. And also, firing a warning shot can lead to ricochets and hurt someone who wasn't involved so you have to always mind that problem.
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