legal to fire a warning shot in your yard?

[cajun47]

i live in a small town in louisiana. not a city.

there is this guy thats mentally ill. 30 years ago he shot someone dead with a shotgun when they walked out a bar. dont know the details but he did time and was released. he later had a job on an offshore boat, cut someone's throat and threw that person overboard. somehow that guy didn't die. well the bad guy did more time. now he is out again.....roaming the streets.

he is always walking along the highway and likes to go knock on people's door and ask to use the phone. well he was knocking at my back door, not the front door one day. when i saw who it was through the window i went pick up my 9mm, went back to the door and i saw him walking to the back of my shed. this is around 1:00 day time.

he had no weapon that i could see. i put my 9mm in my front pocket with my shirt over it. i stood behind my truck that was between him and i. he walks back toward me and finally sees me. he asked for some gas for his lawn mower. i said "no" and just stared at him. he walked back to the highway.

i didn't want to say much and piss him off one day then have him ambush me another day. im at my limit though. if i see him again in my yard and he is clearly unarmed, is it justifiable to fire a warning shot on my own property?

i know instead of firing a warning shot i should call the police. but then he may go to jail and want revenge. a warning shot may show him he may get shot messing with me.

 

[ab8mi]

In a lot of places a "warning" shot especially without being threatened by this man and your life or another in danger would very likely be illegal. Not to mention that a warning shot itself could be dangerous without being absolutly sure where the round would end up.

 

[MDman]

I sugest working the system to get this fellow removed from where you are. Im not sure I follow your logic of how a warning shot is not going to cause him to want revenge any less then calling the cops.

 

[Double Naught Spy]

i didn't want to say much and piss him off one day then have him ambush me another day. im at my limit though. if i see him again in my yard and he is clearly unarmed, is it justifiable to fire a warning shot on my own property?

You have one of those fully body xray machines in your yard like they used in the movie Total Recall? Are you psychic? Or, is the guy 100% stark naked and you have performed a cavity search on him? If you answered "no" to all of these, then there is no way that you can know that the man is clearly unarmed. He very well may be armed. After all, part of carrying concealed means is that you given the impression of being "clearly unarmed" when in fact you are armed.

As for the warning shot, I don't know of any state that allows warning shots for situations where the application of lethal force is not warranted. Does your state law allow for the use of lethal force against people you feel are just trespassing in your yard?

 

[Hkmp5sd]

No, you cannot fire a "warning shot" in this case.

If you don't want the guy on your property, file tresspassing charges against him. Let the cops deal with him.

 

[old 12 gauge]

let the cops take care of him, then after he has butchered you, your family can really go after him.. maybe you can get a restraining order to keep him off your property.

 

[kickshot85]

How far removed from the city limits are you, cajun?

 

[Avenger29]

If you are in city limits, you would be charged at the very least with discharging a firearm within city limits. I don't think a warning shot would serve much purpose here. I do think that open carrying (not pointing it at him) when you go out of the house to tell him to git would send the same message of your willingness to defend yourself as a warning shot without possibly breaking laws.

Make sure your property is prominently marked with no tresspassing signes. Calling the law also startes a record that you are having a problem with this guy trespassing onto your own property.

I do not like warning shots. If I am firing, I am going to be engaging the threat.

 

[Richard47]

The idea behind a "warning shot" is that a rational person will clear out to avoid being killed, I think.

It is illegal to threaten to kill a trespasser, so you may well go to jail, and for a more serious charge than violating a "no shooting in town" ordinance.

But more important, you are not dealing with a rational person, he is mentally ill. So your "warning shot" will not have the same effect on him as it probably would on you. It may actually ATTRACT him to you.

Probably half of cop shoots are of mentally unhinged people. If they know the full situation, cops treat the matter differently than with a person they know is probably going to make a logical reation. You cannot rely on the other person making a logical decision.

Cops almost never use warning shots.

Call the cops. Every time. It is a pain to have this situation reoccur time and again, but life ain't fair. We're stuck on the planet with people like this and we have to put up with it.

 

[WeThePeople]

You need to check you local laws to see if discharging a firearm is an offense.

"Warning shot" is a bit of a misnomer in most legal circles. A shot is generally considered to be a shot with the possibility of causing harm whether it be harm to the "warnee" or to someone in the range of your bullet. All shots, warning or otherwise, are potentially deadly.

Don't fire ANY shot unless you are prepared to defend the use of deadly force.

If the guy is threatening you with deadly force, the only time that you are justified to use it as well, and the mere sight of a gun pointed at him doesn't stop him, thein my opinion, you might as well let him have it.

 

[Manedwolf]

AFAIK, there is no legal "warning shot". The only fact that would be recorded by people who heard it is that you fired a weapon.

And if the round is not recovered for direction ballistics, (as in, fired directly into the ground or the like), the legal burden of proof would be on YOU to prove that you hadn't simply tried to kill him and missed. In which case, you'd be up for attempted murder.

 

[Erebus]

If he comes back, threatening or not, I would call the cops and have them issue him a no tresspass order. If he comes back again get a restraining order. Report every incident of him entering your property and I would post a sign or a few.

Keep a paper trail with the police incase he ever forces you to defend yourself. Hopefully it never comes to that but the guy appears to have a real history of violence.

I know of a guy like that, he got doubled over with a shotgun by a guy he threatened. Even though the guy was unarmed he had enough of a record that no one questioned the shooting. If he threatened you, he meant it.

 

[gopher0]

"If he comes back, threatening or not, I would call the cops and have them issue him a no tresspass order. If he comes back again get a restraining order. Report every incident of him entering your property and I would post a sign or a few.

Keep a paper trail with the police incase he ever forces you to defend yourself. Hopefully it never comes to that but the guy appears to have a real history of violence.

I know of a guy like that, he got doubled over with a shotgun by a guy he threatened. Even though the guy was unarmed he had enough of a record that no one questioned the shooting. If he threatened you, he meant it."

Erebus has it right .

 

[tjefferson76]

No warning shots

Please do not take a warning shot. It is nearly impossible to justify warning shots. ALL police depts prohibit their officers from making warning shots and the police have MUCH more latitude with the use of deadly physical force than civilians do.

Let the police deal with him. Every time he comes into your yard call the police and make a report. Have him trespassed and arrested every time if possible.

If you do this, pay attention, train and always carry your loaded sidearm you will be relatively safe. Why? Because if he does attack you; you are unable to retreat safely(civilians must retreat before using force) and are forced to use deadly physical force, you will be exonerated. You know this persons background; they know his background, have notified the police on numerous occasions and have had him removed him from your premises. This shows the court that you did everything possible to conform to the law and HE provoked the confrontation.

Also, if he is in your yard, do not confront him. That's the cops job...that's why we get paid the big bucks!

I know that most people will not agree with this passive stance, however, most of you have had a speeding ticket at one time or another(me too) right?. Do you remember how much of a pain it was to go in front of the judge...well multiply that by a 1000% percent and you have the experience of trying to defend yourself in a homicide case!

 

[brickeyee]

"...civilians must retreat before using force..."

Where did that little gem come from?
While you are required to retreat in certain states, it is far from a uniform law.

The reason to NEVER for a 'warning shot;' is that if you are in fear of your life you are justified in shooting, and if you are not in fear (and a warning shot would indicate you had not reached the threshold) you are NOT justified in firing.

 

[Musketeer]

i know instead of firing a warning shot i should call the police. but then he may go to jail and want revenge. a warning shot may show him he may get shot messing with me.

Then do what you know you should do. Call the police.

If he will want revenge for going to jail what do you think he will want if you fire a warning shot at him. This is not a sane individual.

One murder, one attempted murder and most likely a host of other offenses... This is what they let out on the street!

 

[obxned]

Dogs!!! Few people are 'crazy' enough to want to hang around where several large, loud dogs are begging to chew them up.

 

[ArfinGreebly]

Shoot To Scare

There are very few instances where "shoot to scare" is a valid tactic.

If the presence of a gun, all by itself, isn't enough to deter someone, then a warning shot is going to be worse than a waste of time.

If you need to shoot, then it's time to "shoot to stop" not scare or wound.

If the guy isn't actually an active threat, you shoot, he runs off, the next thing in your life may be a blue envelope or a squad car.

Complaint: "He tried to kill me!

Also be prepared to answer for any collateral damage resulting from his "panic" and subsequent flight.

Good luck from that point onward.

 

[MacGille]

NO! do not fire a warning shot. If you shoot first, you are the aggressor and if anything happens you will do time. A gun is not a warning device, nor is it for scaring people, controlling another's behavior, or to gain control of someone. Leave it holstered and don't draw until you have no other choice. Then shoot to kill.

Turn off your TV and stay away from movies. Following the lead you see on the screen will get you in more trouble than you can believe. Guns are for killing. PERIOD! Any other advice you get to the contrary is from someone who hasn't been there, or hasn't learned from it. Consult any prosecutor about when and how you should use your gun.

In real life when someone dies from a gunshot, the Police conduct an investigation, the prosecutors decide whether to bring charges, and then someone is arrested, booked, fingerprinted, body cavity searched, and then arraigned. If bail is granted then the suspect can go home until the trial. A lawyer is retained and paid (from $500 to $50,000). Your house is mortgaged to pay the attorney, who keeps the money whether or not you are convicted.

After the trial then comes the appeal, followed by years of incarceration waiting for the appeal to be heard. In real life cops don't shoot bad guys and then go to lunch. If it was a good shoot they have months of probation and mental screenings, desk duty and a blot on their record. If it wasn't a good shoot see above. Most officers don't ever draw their gun in a normal career.

TV will have us believe that a normal cop's job involves shootings, car chases, explosions and general mayhem. In reality it involves dealing with wife beatings, wayward kids, drunks, bums, dirt, blood, s---, and urine. Regulations, inspections and b---s--- duty. The real danger is burning out and going off the deep end. Busted marriages are the norm because a guy gets home from a day of c--- and can't deal with the realities of marriage and parenting.

Keep your gun holstered until you have no other choice. A wise old sergeant once told me " a gun will get you into trouble 10 times faster than it will get you out of trouble." He was right.

 

[Redworm]

it's a damn shame that good citizens have to worry more about the legal ramifications of protecting themselves and their families than they do about the act itself this guy killed someone once already, he shouldn't be seeing the light of day as a free man ever again!