Homeowner jailed for firing warning shot

This is a discussion on Homeowner jailed for firing warning shot within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; MESQUITE, Texas - A Mesquite man was arrested and hauled off to jail for firing a shot into the ground of his own backyard. He ...

Page 1 of 3 123 LastLast
Results 1 to 15 of 32
Like Tree26Likes

Thread: Homeowner jailed for firing warning shot

  1. #1
    Ex Member Array barstoolguru's Avatar
    Join Date
    Nov 2011
    Location
    under a rock in area 51
    Posts
    2,548

    Homeowner jailed for firing warning shot

    MESQUITE, Texas -
    A Mesquite man was arrested and hauled off to jail for firing a shot into the ground of his own backyard. He says he was simply protecting his wife and property, but police called his actions reckless.

    This is such a mixed bag of feelings, cops say he wasn't in danger and he says he was. I have a feeling that when he sleeps on it a little he will start feeling differently. They never entered the property and made no entry so did he jump the gun and fire a warning shot for no reason? One thing for sure this is what happens when you don’t know the law.

    Homeowner jailed for firing warning shot - Dallas News | myFOXdfw.com
    ericb327 and gottabkiddin like this.

  2. Remove Ads

  3. #2
    Ex Member Array RayBar's Avatar
    Join Date
    May 2012
    Location
    Virginia
    Posts
    386
    Many mistakes made here. Can anyone say, unintentional discharge.

  4. #3
    Distinguished Member
    Array accessbob's Avatar
    Join Date
    Mar 2012
    Location
    Portland, Oregon
    Posts
    1,396
    As much as it would seem the thing to do - NEVER a warning shot. A gun is there to defend you. Even if they are attempting to break in, unless you have a Castle Doctrine law which covers the area involved (in this case the backyard and gate), I would say that one would need to wait until they came on the property. You can warn them (and it is good to do so, especially with witnesses to hear it) but you should wait until they have crossed the line. At least that is my opinion (I am not a lawyer, nor do I play one on TV, and I did NOT stay at a Holiday Inn last night).
    EDC - M&P Shield .40, Ruger P90, OR Ruger SR1911 CMD AND
    Ruger LCP in Desantis Pocket Holster (backup)
    Member - SAF, OFF,
    NRA Life Member

  5. #4
    Ex Member Array barstoolguru's Avatar
    Join Date
    Nov 2011
    Location
    under a rock in area 51
    Posts
    2,548
    One thing I will say is that we have had a lot of windy weather in the D/FW area for the last week or so. Could it have been that he was assuming there was someone there?

  6. #5
    Ex Member Array RayBar's Avatar
    Join Date
    May 2012
    Location
    Virginia
    Posts
    386
    A warning shot is a bad idea for many resons.It is a violation of several laws and can land you-believing youself innocent,in jail. If there is no justification to shoot in self defense,then there is probably no justification for shooting at all. If the situation isn't immediately life and death,don't fire. If you really are locked in mortal combat,don't wast time and ammo making scary noises.Firing a warning shot may serve as evidence that you didn't believe the situation presented an immediate deadly threat. Warning shots are an irresponsible product of Hollywood that has no place in the real world.
    JDE101, ANGLICO, gunthorp and 1 others like this.

  7. #6
    Ex Member Array oldrwizr's Avatar
    Join Date
    May 2012
    Location
    Durham, N.C.
    Posts
    413
    Illegal in NC.

  8. #7
    Distinguished Member Array kapnketel's Avatar
    Join Date
    Sep 2009
    Location
    Northern Kentucky
    Posts
    1,709
    Violates one of the cardinal rules of gun safety. That to me is all there is on the subject.
    barstoolguru and ANGLICO like this.
    I'd rather be lucky than good any day

    There's nothing that will change someone's moral outlook quicker than cash in large sums.

    Majority rule only works if you're also considering individual rights. Because you can't have five wolves and one sheep voting on what to have for supper.

  9. #8
    VIP Member Array Harryball's Avatar
    Join Date
    Jun 2009
    Location
    Lansing Mi
    Posts
    7,080
    Homeowner in this case was reckless. He did everything wrong IMO. 10 foot tall and bullet proof....What a jackass
    Spirit51 likes this.
    Don"t let stupid be your skill set....

  10. #9
    VIP Member Array gottabkiddin's Avatar
    Join Date
    Jul 2009
    Location
    North Georgia
    Posts
    6,992
    I reserve warning shots for animals of the four legged persuasion.
    "He that hath no sword, let him sell his garment, and buy one." – Luke 22:36

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." – Thomas Jefferson

  11. #10
    VIP Member Array suntzu's Avatar
    Join Date
    Dec 2011
    Location
    TX/NH
    Posts
    5,837
    Besides doing everything wrong, what makes it worse is he still does not understand what he did wrong....

  12. #11
    VIP Member Array Spirit51's Avatar
    Join Date
    Apr 2007
    Location
    West Central Missouri
    Posts
    2,248
    I see three mistakes he made. He should have called 911 immediately after grabbing his weapon. Stayed in the house. NOT have fired a "warning shot".

    That being said...I don't think he needs criminal punishment. I think a safety course would do it. Maybe a small fine. I am not sure it is available there, but a course in Responsible Self Defense would be good. I don't think that jail time or taking his weapon for good and always is the way to go.
    A woman must not depend on protection by men. A woman must learn to protect herself.
    Susan B. Anthony
    A armed society is a polite society. Manners are good when one has to back it up with his life.
    Robert Heinlein

  13. #12
    New Member Array rodford's Avatar
    Join Date
    May 2012
    Location
    TEXAS
    Posts
    1

    What's the big deal with warning shots.

    To me warning shots if fired into the ground let's the person on "your" property, late at night, know exactly where your frame of mind is at. That is, your armed, capable and ready to defend your rights. Suppose the aggressor has a shotgun and comes thru the gate or sticks it thru the fence and blows you away because he did'nt consider you are real threat
    but just in his way. Even a drunk will consider retreat instead of confronting an armed homeowner. I say better safe an alive, even if you make a little noise and even if your hauled off to jail. He's lucky he did'nt pee in his pants and get arrested for disorderly conduct.

  14. #13
    VIP Member
    Array atctimmy's Avatar
    Join Date
    Jan 2008
    Location
    NSA Headquarters
    Posts
    6,393
    Quote Originally Posted by rodford View Post
    To me warning shots if fired into the ground let's the person on "your" property, late at night, know exactly where your frame of mind is at. That is, your armed, capable and ready to defend your rights. Suppose the aggressor has a shotgun and comes thru the gate or sticks it thru the fence and blows you away because he did'nt consider you are real threat
    but just in his way. Even a drunk will consider retreat instead of confronting an armed homeowner. I say better safe an alive, even if you make a little noise and even if your hauled off to jail. He's lucky he did'nt pee in his pants and get arrested for disorderly conduct.
    I completely agree with you sentiment and it is sad that the victim is now the criminal.

    Now in reply to the actual question at hand. A gun shot is considered deadly force, not a warning. There is no legal place for warning shots under the law. The only legal justification for the use of deadly force is if you feel your life (or a third party's life) is threatened.

    Once you uncork a round you are on the hook with police to justify why you felt the need to use deadly force. If you say "I just wanted to scare them away" then you are in trouble. There are no warning shots if a person is really in fear for their life and willing to use deadly force to protect it (their life).

    Now with all of that said, I see plenty of uses for warning shots if they were legal. Anytime you can avoid shooting someone is a good thing....Too bad the law doesn't agree with me.
    Dennis1209 and 1911srule like this.
    It is surely true that you can lead a horse to water but you can't make them drink. Nor can you make them grateful for your efforts.

  15. #14
    Ex Member Array ANGLICO's Avatar
    Join Date
    Mar 2012
    Location
    I'm the guy next door that is polite, but does not tell you crap.
    Posts
    3,570
    Quote Originally Posted by atctimmy View Post
    I completely agree with you sentiment and it is sad that the victim is now the criminal.

    Now in reply to the actual question at hand. A gun shot is considered deadly force, not a warning. There is no legal place for warning shots under the law. The only legal justification for the use of deadly force is if you feel your life (or a third party's life) is threatened.

    Once you uncork a round you are on the hook with police to justify why you felt the need to use deadly force. If you say "I just wanted to scare them away" then you are in trouble. There are no warning shots if a person is really in fear for their life and willing to use deadly force to protect it (their life).

    Now with all of that said, I see plenty of uses for warning shots if they were legal. Anytime you can avoid shooting someone is a good thing....Too bad the law doesn't agree with me.
    But.... After you fire it, others and the local or state statues get to decide if what you did was correct. Never put yourself into that situation on purpose. If you discharge the weapon = you own the results of the action.

  16. #15
    Distinguished Member
    Array accessbob's Avatar
    Join Date
    Mar 2012
    Location
    Portland, Oregon
    Posts
    1,396
    Quote Originally Posted by rodford View Post
    Suppose the aggressor has a shotgun and comes thru the gate or sticks it thru the fence and blows you away because he did'nt consider you are real threat
    Sorry, but that statement makes no sense whatsoever. If an aggressor has a shotgun and comes through the gate or sticks it through the fence, you can shoot him immediately because he is a threat. Firing a warning shot for someone who has a weapon and would blow you away if he didn't consider you a threat isn't likely to change that assessment, but if he knows you have a weapon, he may choose to try to preemptively blow you away anyway. As atctimmy has stated, there is no legal basis for a warning shot in most, if not all locales. So, you can choose to do so but you will be the one behind bars and not the aggressor. If the aggressor makes a threatening move, you can, and most likely should, take action. But any story I have ever seen about warning shots has the person firing them in trouble and not the bad guy.
    Bubbiesdad likes this.
    EDC - M&P Shield .40, Ruger P90, OR Ruger SR1911 CMD AND
    Ruger LCP in Desantis Pocket Holster (backup)
    Member - SAF, OFF,
    NRA Life Member

Page 1 of 3 123 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

is it against the law to fire a warning shot in texas
,

is it legal to fire a warning shot

,
is it legal to fire warning shots on your property
,

man jailed for firing warning shot

,
mesquite gun fire
,

mesquite man arrested for firing gun

,
mesquite man discharge gun
,
mesquite man shoots ground backyard
,

texas law warning shot

,
texas warning shots
,
warning shots are irresponsible
,
what if i fire my gun in a different direction just to scare an aggressor in tn.
Click on a term to search for related topics.