There are many things you’ll “learn” from Hollywood shoot-em-ups that are actually a horrible idea in real life, and the warning shot is one of them. When you see an action hero put a bullet into the dirt at a bad guy’s feet or whiz one past his ear and say something like, “That was a warning” or “If I wanted to hit you, I would have,” it makes the hero seem like a tough guy who’s in control of the situation. But real life doesn’t work that way, and in actuality, there’s no reason I can think of why you’d ever want to fire a warning shot near a bad guy (grizzly bears, maybe). And there are plenty of reasons why warning shots are a no-way, no-how, never-go-there bad idea.
1. You Either Need the Gun or You Don’t
We draw our guns with the intent to fire them—not with the intent to scare someone. Do not draw your gun if you’re not ready and willing to fire it immediately, because if you’re not, it’s either because you can’t handle the idea of shooting it at a bad guy or you know there’s a reason the bad guy doesn’t need to be shot. In either case, you’ve got a problem. You do not want to be holding a gun in your hand if you’re not willing to use it immediately, and thinking “well, maybe just a warning shot” creates a “I might not need to shoot him” compromise in your brain. The threat either requires stopping or it doesn’t. If it doesn’t, don’t introduce a gun into the situation. If it does require stopping, then stop it.
Now, drawing your gun might be enough to scare the bad guy away. That happens, and it’s a great outcome. You might make the shoot-or-don’t-shoot decision in the split second after you draw, so if he sees the gun and bolts, you win. However, if you draw the gun and the threat is still imminent, it needs to be stopped. There’s no room for “Well, let me see if this works first” wishy-washiness.
2. It Probably Won’t Work
In a direct confrontation, once your gun is out and the bad guy sees it, he’s probably either going to run away or he’s going to commit to his attack. Firing a warning shot isn’t likely to change that; if he was going to be scared into running, he would have ran when he saw the gun. Remember, this might be your first experience with criminal violence, but it’s not his.
The other trouble is that once the shooting starts, warning shot or not, there’s a good chance that everybody starts shooting. If he’s taking fire or even just thinks he’s taking fire, and he’s armed, he’s probably going to shoot back—and his shots won’t be warnings.
3. It Wastes Time and Ammo
This might be a minor quibble, but when you fire a warning shot, you’re now down a round. Depending on your gun’s capacity, that might be a significant disadvantage.
The bigger problem is wasting time. As mentioned, the sound of gunfire might very well make him attack out of panic or self-preservation or anger. If your sights weren’t already on the threat because you were firing a warning shot elsewhere, you’ve given him a headstart in the gunfight.
4. It Opens You Up to Legal Complications
Firing a warning shot can lead to criminal charges, believe it or not. “Unfortunately, armed citizens often lack meaningful guidance from their states’ legislatures and courts regarding whether warning shots are lawful,” writes attorney Rachel A. Moss from Attorneys on Retainer. “Let’s look at some of the most common legal consequences armed citizens face after firing warning shots:
- Criminal Charges
- No Self-Defense Jury Instruction
- Civil Liability ”
Depending on your local laws, you could be looking at reckless endangerment, unlawful discharge, aggravated assault, a property crime or other charges. On top of that, warning shots can compromise or nullify your ability to claim you acted in self-defense in some cases, and if you are permitted to pursue a self-defense-based defense, a jury might reason that if you had time to fire a warning shot, it’s evidence that you weren’t under threat of imminent harm.
As a general rule, even the police are advised that warning shots are a bad idea—and you don’t carry the same mission or legal protections that the police have. If they don’t do it, you certainly shouldn’t.
5. Where’s It Going to Go?
This might be the biggest problem with a warning shot: Where exactly are you going to aim it? Remember, you are responsible for every bullet that leaves your firearm.
Keep in mind the fourth rule of gun safety: “Be sure of your target and what’s beyond it.” You can’t send a bullet off to the side—even if there aren’t people in the immediate vicinity, bullets can travel a mile or more. You can’t send one into the ground, because ricochets are a real thing—and who knows where a projectile will go if it skips off a rock. And unless you’re shooting relatively small shot out of a shotgun in an unpopulated area, you definitely can’t fire a warning shot in the air, because that bullet is coming down somewhere and can injure or kill someone when it does. There are literally no safe directions in which to fire a warning shot.
In short, warning shot are ineffective, costly and extremely unsafe. Don’t do it.
