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Old 03-18-2019, 02:50 PM   #28
Lanny_McDonald
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Quote:
Originally Posted by The Fonz View Post
IIRC, there were changes made to self-defence laws in Canada. Warning shots are legal if deemed a reasonable response, and protecting yourself and your property from intruders generally qualifies as reasonable.
Well, my suggestion would be to be sure and not just tell someone "IIRC you can take a warning shot to protect yourself and it's all good." According to Calgary's Oykhman Law Offices, it is a minimum jail term of four years for recklessly discharging a firearm. Pointing a firearm at someone can result in a sentence of up to five years. From that, warning shots seem to be a big no-no.

Even in the most gun free States, like here in Arizona, a "warning shot" will get you in a bind and facing a class 6 felony. Pointing a weapon at someone can be aggravated assault. Know your law before advising someone to use a firearm in such a reckless manner.

Quote:
That's just ridiculous.

And comparing a warning shot to a John Wayne movie... Is that how you picture it? Where are you from?
How are you picturing it? How do you safely discharge a weapon in a "warning shot" that is safe and legal?

Down here, ironically where John Wayne shot a lot of his movies, the only time you can pull a weapon is when there is substantial risk to the property (someone is kicking your door down), a forcible felony occurring (in the act), or potential of seriously bodily injury or death happening to yourself. If you pull your weapon in defense of someone else, you have to know that the individual was in harm's way and only your action could have prevented it. Otherwise, its a felony. And that is in a state where almost everything is legal with firearms (open carry), and from a permitted owner. Pulling your weapon and warning shots were covered extensively during my permit training, and it was made abundantly clear that pulling a weapon was done so as a last resort, and if you're going to pull it be prepared to put that round into the individual you are point it at, as you just committed a possible felony. The ramifications of pulling a weapon and discharging a round are extremely serious, both for the individuals down range, and the individual handling the gun.

For example, if you observe someone on your property (on your driveway was the example), and you pull your gun without threat of immediate danger, that is aggravated assault. If that person is breaking into your car, and you unleash a round, missing the thief, but hitting a bystander down range (either direct or by ricochet) you are responsible for what you hit. That exposes you to a felony (discharge of a weapon up to manslaughter, depending on outcome of the injury). That also leaves you open to civil litigation. There is a great responsibility in handling a weapon, which is why most people should never be allowed to pick one up.
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