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Kaleva

(36,294 posts)
5. Firing a warning shot can land one in jail here in MI.
Fri Nov 26, 2021, 04:48 AM
Nov 2021

"Investigators say the suspect claimed he was firing warning shots because he thought the troopers were someone “scoping out” the area.

The suspect was taken to the Genesee County Jail on charges of felonious assault and reckless use of a firearm. He was not identified because he hadn’t been arraigned in court on the charges as of Wednesday afternoon."

https://www.msn.com/en-us/news/crime/thetford-township-man-accused-of-firing-warning-shots-at-michigan-state-police/ar-BB1googj

"Although the firing of a warning shot is not per se 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.

This means that a person may only be allowed the legal argument of justification if a warning shot is fired in situations in which deadly force is justified under the Michigan Self-Defense Act....

Every gun owner should be aware that one likely argument a prosecutor may put forth against a defendant at trial is that the simple discharge of a firearm is an assault, because it puts a person in reasonable fear of a battery, and the person firing the shot clearly had the ability to follow through on the threat.

Additionally, a prosecutor may argue that this action can cause death or serious bodily injury. Such an argument, if successful, will shift the analysis of warning shots into the use of deadly force arena and whether a person intended that action or not."

https://www.baronedefensefirm.com/gun-laws-on-warning-shots.html

Your comment:

"People on DU have said that various and sundry should have fired a warning shot. "

I haven't seen such posts but it's really bad advice.

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