Legal to fire BLANKS as warning shots?

[SoberPoster]

Most state/local laws ban "firearm discharge" BUT are
Blanks included? That Clark warning shot arrest
highlites the issue; would it be legal if he used blanks?
Opinions, ideas and facts please!

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[Bam]

NOPE, he would still be charged the same. It really doesn't matter if blanks were used, the intent is there, it is still unlawful discharge.

And before somebody brings up using blanks in public displays such 21 gun salutes at funerals... those guns are not being pointed at other people as a display of aggression.

 

[nwo]

It is still discharging a firearm, even if there is no bullet.

 

[G1GRANDEUR]

what's the point of blank in real self defense situation?

you might be dead already before you pull the 2nd trigger for real bullet.

 

[Mathmattx]

A blank is treated like a bullet. Gun shouldn't be fired unless you mean to use it anyway. You want a noise deterrent rack a shotgun.

 

[Stomper]

If you rob a bank with a toy pistol, it's still armed robery... same concept.

 

[Frankenrifle]

The only 'warning shot' an attacker needs is one placed directly center-mass.

 

[Dave Workman]

what's the point of blank in real self defense situation?

you might be dead already before you pull the 2nd trigger for real bullet.

I will amplify that a bit. In the event a shot is fired by you and the perp is armed, he just might be able to fire back legally in self-defense and kill you, and would not be charged with that. How would he know you were using blanks?

I know of a case in Sno county a few years ago where a drug dealer and illegal alien killed a guy in a beef, but because he fired in self-defense, he was not charged with the man's death. He faced other charges, of course, but got a walk on the shooting.

 

[Outrider]

One thing to add is that firing a blank results in a muzzle blast that can produce significant damage at close range. Some people have been killed by blanks fired at close range. One of the higher profile instances was back in the 80's. An actor named Jon-Erik Hexum put a revolver loaded with blanks to his temple and pulled the trigger as a joke. He made it to the hospital but he died several days later.

 

[nwwoodsman]

You want a noise deterrent rack a shotgun.

Shotgun should already be racked when being used in a self defense situation. If you want a noise deterrent wait for the sirens.

 

[Mark W.]

I will amplify that a bit. In the event a shot is fired by you and the perp is armed, he just might be able to fire back legally in self-defense and kill you, and would not be charged with that. How would he know you were using blanks?

I know of a case in Sno county a few years ago where a drug dealer and illegal alien killed a guy in a beef, but because he fired in self-defense, he was not charged with the man's death. He faced other charges, of course, but got a walk on the shooting.

Now that all depends on what race his mothers second cousin was on her fathers side. And if they were ever on a wagon crossing the plains.

 

[Blitzkrieg]

Warning shots are always bad business, legally. Just say no

 

[G1GRANDEUR]

Warning shots are always bad business, legally. Just say no

this, also flashing your gun is just as bad. it can go downhill from legal point, even you were trying to do the right thing.

to me, only time you need to pull out the gun is, when you are 99% sure you are going to pull the trigger.

 

[SoberPoster]

Thanks to everyone for your views - this just
what I hoped for and reveled views I did not
consider at first glance. That man wanted,
and succeeded at scaring off 3 men breaking
into his car with his shotgun -guess racking
that slide or having it there was not enough.
Perhaps he saw that 15 second car entry+theft
on the news and knew the low vehicle recovery
rates means he would loss his (uninsured?) car?

Thanks again - knowledge is always good!

 

[G1GRANDEUR]

That man wanted,
and succeeded at scaring off 3 men breaking
into his car with his shotgun -guess racking
that slide or having it there was not enough.
Perhaps he saw that 15 second car entry+theft
on the news and knew the low vehicle recovery
rates means he would loss his (uninsured?) car?

wait, what? :huh:

 

[RBid]

to me, only time you need to pull out the gun is, when you are 99% sure you are going to pull the trigger.

There are actually a lot of circumstances where Ability, Opportunity, and belief that Jeopardy is imminent (as opposed to present) justify drawing without firing. I guess you could call it 8/9 of the Deadly Force Triangle. Example: group of guys (Ability) advancing toward you in a parking garage (Opportunity), threatening you (reasonable belief of Jeopardy). In this situation, drawing is valid, firing is not. This is part of why so many instances of defensive firearm use are resolved without firing. When Jeopardy is not yet complete (meaning violence has not yet occurred), firearms have time to work as a deterrent.

 

[bellarum]

The first center mass shot is the warning shot for the second criminal

 

[Blitzkrieg]

There are actually a lot of circumstances where Ability, Opportunity, and belief that Jeopardy is imminent (as opposed to present) justify drawing without firing. I guess you could call it 8/9 of the Deadly Force Triangle. Example: group of guys (Ability) advancing toward you in a parking garage (Opportunity), threatening you (reasonable belief of Jeopardy). In this situation, drawing is valid, firing is not. This is part of why so many instances of defensive firearm use are resolved without firing. When Jeopardy is not yet complete (meaning violence has not yet occurred), firearms have time to work as a deterrent.

Between my lady and I we've been there 8 times.. and that displayed handgun was like a magic wand

 

[oknow]

Between my lady and I we've been there 8 times.. and that displayed handgun was like a magic wand

you need to change the places you hang out at

 

[Blitzkrieg]

you need to change the places you hang out at

Central valley, CA.. not like we had a choice.. why you thunk we escaped up here?

I should elaborate a bit as to where these occurred

A deserted rural Sacramento river beach

Parking lots

Back HWY VS illegal alien serial killers who were later caught

Gas station

My own living room

Etc