Are Firing Warning Shots a Good Idea?

Risks and Safety Concerns 

Firing warning shots is generally not recommended as a safe or effective practice. Firing a warning shot poses several risks and can have serious consequences. Here are some reasons why warning shots may not be a good idea: 

Discharging a firearm, even into the air, poses many safety concerns by creating a risk to bystanders. The trajectory of the bullet is unpredictable, and it can come down at a considerable distance from where it was fired. This creates the potential for injury or property damage. 

Official Stance on Warning Shots 

The Fraternal Order of Police Chiefs determined by consensus that “the warning shot must not pose a substantial risk of injury or death to the officer or others.” Essentially, the intent of the Consensus Policy was to provide officers with an alternative to deadly force in the very limited situations where these conditions are met. 

However, warning shots are not meant to be a requirement prior to the use of deadly force. Although the firing of a warning shot is not necessarily legally forbidden, one should be aware that if they fire a warning shot, it is highly likely that their conduct will be judged under the legal standard that they have used deadly force and not just mere force. 

Legal Implications of Warning Shots 

There are many legal consequences to firing a warning shot. In many jurisdictions, firing a warning shot is considered the use of deadly force. This could lead to legal consequences, as the discharge of a firearm may be subject to more strict regulations. In some cases, it might be treated as a criminal offense, especially if it endangers others. 

Michigan gun laws on warning shots are not defined. The term “warning shot” is not in the Michigan Penal Code and not in the Self-Defense Act. Most likely, courts will determine the action of firing a warning shot to be the use of the deadly force standard. The only hope would be to be charged with negligent discharge of a firearm, or a simple assault. Don West, criminal defense attorney and National Trial Counsel for CCW Safe, agrees with Gary Eastridge. “If you fire a gun, as Gary pointed out, you have then employed deadly force. 

Potential for Escalation 

Warning shots may escalate violence in a situation rather than defusing it. If someone perceives the discharge of a firearm as a direct threat, they may respond accordingly, leading to an escalation of violence. The situation may trigger events perceived by the individual as a serious threat to themselves. Fear-inducing events give the person the perception they are under threat or about to lose something of value. The person’s body and mind prepare for a fight. They may respond physically or taunt the perceived threat if it is a person and explode into violent acts against the threat. 

There are generally safer and more effective ways to de-escalate a potential threat, such as using verbal communication, seeking cover, or calling for help from law enforcement. 

Required Skills and Responsibilities 

Firing a warning shot requires skill and training to do so safely. In a stressful situation, accuracy may be compromised, increasing the likelihood of unintended harm. You, as a civilian, should never fire a warning shot. As a responsibly armed citizen, you are responsible for every round you fire downrange. If your warning shot kills someone, YOU'RE RESPONSIBLE. 

Conclusion

In conclusion, if you find yourself in a situation where you feel threatened, it's essential to prioritize the safety of yourself and others. Seek to de-escalate the situation through communication and, if necessary, retreat to a safe location. It's advisable to rely on proper authorities to handle potentially dangerous situations involving firearms. Warning shots can rightfully be considered deadly force, and you must act reasonably in the use of deadly force. Prepare yourself, know your rights, know the law, and seek legal counsel from a qualified firearms law attorney when needed. 

The Michigan Pistol Academy is located in Rochester Hills and Royal Oak, Michigan, and is dedicated to providing comprehensive firearm training and education in the state of Michigan.