The Captain's Journal » One Warning Shot Is One Too Many

One Warning Shot Is One Too Many

BY Herschel Smith

7 years, 9 months ago

A California man is in custody after unsuccessfully trying to light a gun owner and his home on fire Wednesday.

Maurilio Miranda, 48, is being charged with trespassing, attempted arson, and assault with a deadly weapon, Lt. Joe Gomez of the Fresno Police Department told the Fresno Bee. The charges stem from Miranda trying to burn down a house in the city. When the homeowner discovered Miranda pouring gasoline around the perimeter of the home, he confronted him with his semi-automatic handgun.

That’s when Miranda threw gasoline at the homeowner and flicked a lighter. In response, the homeowner fired a shot into the ground. That didn’t deter Miranda, the Fresno Bee reports. He then grabbed a board and threatened to hit the homeowner with it. The homeowner fired a second shot into the ground and threatened to shoot him which prompted Miranda to give up. Police then arrived on the scene and arrested Miranda.

Do not unholster your weapon unless your life is in danger. Do not point in the direction of anything you aren’t willing to kill, and if your life is legitimately in danger, shoot the person or animal who is causing that danger.

Do not fire warning shots. To the attacker, warning shots means you aren’t willing to use your weapon to defend your life. Tactically, it delays the very response that could save your life.

Firearms,Guns Tags: Warning Shots —

Comments

On March 6, 2017 at 12:37 am, Daniel Barger said:

Ordinarily I’d agree with that position. But took place in Kommiefornia. And many, probably MOST DA’s in Kali aren’t interested in anything but political advancement. And the best way for a DA to get “positive PR” is to LOCK UP EVERYBODY. There is an EXCELLENT chance that if the homeowner had shot the arsonist he’d be sitting behind bars right now awaiting trial….in about 2 years from now. As it is there is still a pretty good chance he could still be charged with some time of felony. To the majority of LEO and DA’s in Kali EVERY interaction they have with a citizen is an
opportunity to turn a citizen into a felon…..so they can take ALL of your rights away.

On March 6, 2017 at 9:06 am, Blake said:

The problem is that warning shots are illegal. Most jurisdictions believe that if you have time to fire a warning shot your life is not in imminent danger.

As for me, I would never fire a warning shot. Rather, it would be a shot that “missed.”

On March 7, 2017 at 1:31 am, Daniel Barger said:

Please quote the applicable law or code for each jurisdiction proving that “warning shots” are “illegal”. I suspect that in most states the issue is NOT addressed in the code and thus is open to the discretion of the DA/Prosecuting attorney. I know in Kali they are NOT ILLEGAL as there was a well publicized case years back where an actor (Radamas Pera…who played the part of ‘Grasshopper’ in the 70’s Kung Fu series) stopped a crime by firing “warning shots” into the ground to prevent a crime and was not only not prosecuted but praised. That was decades ago. The political landscape and agenda has changed.

On March 7, 2017 at 1:29 pm, Archer said:

In most jurisdictions, warning shots are not “illegal” per se. You are correct there.

But Blake does have a point. Warning shots are a legal gray area. Many-if-not-most jurisdictions’ DAs — that is, ALL non-gun-friendly DAs — will claim that if you had time to fire a warning shot, then your life was not in imminent danger, which means you used lethal force (gunshots — even warning shots — are ALWAYS assumed potentially lethal, remember) against a non-imminent threat. Assault with a deadly weapon. It won’t take much to convince a jury of that, either.

Don’t depend on legal gray areas to save you. They’re more likely to be used to nail you.

Like Blake, I also would not fire warning shots. If I’ve drawn on a suspect, it’s because I perceive an imminent threat. If the suspect believes I won’t fire at him (a belief a warning shot would only confirm) and continues his actions thusly, the consequences are on him.

Also, I’m not sure about Kalifornistan, but in Oregon, attempting arson on an occupied dwelling is considered a forcible felony against the people inside, justifying a lethal-force response. Then again, our laws, left-leaning as they are, are downright sensible compared to Kali’s.

On March 7, 2017 at 4:09 pm, Blake said:

California Penal Code 246.3 (negligent discharge of firearms) prohibits firing a gun in a grossly negligent manner, like a warning shot. As a felony conviction, it provides for up to 3 years in prison and a maximum of $10,000 fine. It is also a felony in New Hampshire, Tennessee, and several other states to fire a warning shot with similar penalties, if you are not justified.

10 seconds, Google.

I had to renew my CCW recently, here in CA. My instructor stressed that warning shots are illegal. Whether or not they will be prosecuted is another story.

By the way, you’re not serious about this subject. The “applicable law or code for each jurisdiction” is dead giveaway.

I have to be serious about the subject because I’m almost always armed.

On March 6, 2017 at 7:22 am, BigDave Deplorable âœ“á´°áµ‰áµ–Ë¡áµ’Ê³áµƒáµ‡Ë¡áµ‰ said:

There are states in this great union of ours that VILIFY and imprison law abiding gun owners that LEGALLY protect themselves. Legality has nothing to do with Libtard DA’s and Libtard judges. They trample on self defense laws and the Second Amendment like it is toilet paper.

The real moral of the story is NOT to live in such states like: Kali, OR, WA, NJ, NY, CT and MD. I think Illinois is pretty bad too. What others did I miss?
I live in FL which gives ALL rights to gun owners except open carry. That will come soon too.

On March 6, 2017 at 7:48 am, Frank Clarke said:

Florida doesn’t “give” us anything, and we’ll get open-carry only when we demand it on pain of permanent retirement from politics.

On March 6, 2017 at 11:56 am, BigDave Deplorable âœ“á´°áµ‰áµ–Ë¡áµ’Ê³áµƒáµ‡Ë¡áµ‰ said:

Point well taken!

On March 6, 2017 at 2:25 pm, Frank_in_Spokane said:

WA? Examples, please?

On March 7, 2017 at 2:03 am, BigDave Deplorable âœ“á´°áµ‰áµ–Ë¡áµ’Ê³áµƒáµ‡Ë¡áµ‰ said:

WA is the 7th most liberal state in the Union.
http://www.businessinsider.com/most-liberal-states-2013-2#7-washington-tie–283-percent-liberal-4
Seattle is #3 most liberal city in THE NATION!
Study Calls Seattle the Third Most Liberal Big City in the US
http://www.thestranger.com/slog/archives/2014/08/12/study-calls-seattle-the-third-most-liberal-big-city-in-the-us
Washington State Working Hard to Push Anti-Gun Legislation
https://bearingarms.com/beth-b/2016/09/16/washington-state-working-hard-to-push-anti-gun-legislation/
Alert: WA State Proposes Draconian Gun Ban Bills
https://www.nraila.org/articles/20170113/alert-wa-state-proposes-draconian-gun-ban-bills

I could go on and on and on. I wont. It makes me sick. Screw WA and all that disgusting weather and Libby Libtards.
A conservative in WA is in “The Belly of the Beast.
There is a lone blogger and You Tuber from WA state. She calls her self Blonde in the Belly of the Beast for good reason. She talks about WA Libtards ALL THE TIME. There is an infestation like a plague. The entire WEST COAST is affected by this mutated, highly contagious virus.

While Spokane is still considered Conservative, it is becoming more progressive and Liberal every year. It wont be long before it will be MOSTLY Libby like Seattle. it is a trend that the state as a WHOLE been taking for many years.

On March 6, 2017 at 8:17 pm, Josh said:

I’m of the opinion that sometimes warning shots are indeed the best course of action, but that it’s almost universally impossible to decipher whether or not that is the case and execute the warning shot safely and correctly while in the middle of an incident or altercation.

On March 7, 2017 at 1:39 pm, Fred said:

…and that only the person issuing the warning shot is capable of determining if this is a prudent self defense choice at that time and that place under those specific circumstances.

The rule of never firing a warning shot is a good one… until it isn’t. Never is very long time. The good news is the guy didn’t have to die, the bad news is that the criminal ‘justice’ system will not help at all. The root of the problem remains unresolved.

On March 6, 2017 at 12:37 am, Daniel Barger said:

Ordinarily I’d agree with that position. But took place in Kommiefornia. And many, probably MOST DA’s in Kali aren’t interested in anything but political advancement. And the best way for a DA to get “positive PR” is to LOCK UP EVERYBODY. There is an EXCELLENT chance that if the homeowner had shot the arsonist he’d be sitting behind bars right now awaiting trial….in about 2 years from now. As it is there is still a pretty good chance he could still be charged with some time of felony. To the majority of LEO and DA’s in Kali EVERY interaction they have with a citizen is an
opportunity to turn a citizen into a felon…..so they can take ALL of your rights away.
On March 6, 2017 at 9:06 am, Blake said:

The problem is that warning shots are illegal. Most jurisdictions believe that if you have time to fire a warning shot your life is not in imminent danger.

As for me, I would never fire a warning shot. Rather, it would be a shot that “missed.”
On March 7, 2017 at 1:31 am, Daniel Barger said:

Please quote the applicable law or code for each jurisdiction proving that “warning shots” are “illegal”. I suspect that in most states the issue is NOT addressed in the code and thus is open to the discretion of the DA/Prosecuting attorney. I know in Kali they are NOT ILLEGAL as there was a well publicized case years back where an actor (Radamas Pera…who played the part of ‘Grasshopper’ in the 70’s Kung Fu series) stopped a crime by firing “warning shots” into the ground to prevent a crime and was not only not prosecuted but praised. That was decades ago. The political landscape and agenda has changed.
On March 7, 2017 at 1:29 pm, Archer said:

In most jurisdictions, warning shots are not “illegal” per se. You are correct there.

But Blake does have a point. Warning shots are a legal gray area. Many-if-not-most jurisdictions’ DAs — that is, ALL non-gun-friendly DAs — will claim that if you had time to fire a warning shot, then your life was not in imminent danger, which means you used lethal force (gunshots — even warning shots — are ALWAYS assumed potentially lethal, remember) against a non-imminent threat. Assault with a deadly weapon. It won’t take much to convince a jury of that, either.

Don’t depend on legal gray areas to save you. They’re more likely to be used to nail you.

Like Blake, I also would not fire warning shots. If I’ve drawn on a suspect, it’s because I perceive an imminent threat. If the suspect believes I won’t fire at him (a belief a warning shot would only confirm) and continues his actions thusly, the consequences are on him.

Also, I’m not sure about Kalifornistan, but in Oregon, attempting arson on an occupied dwelling is considered a forcible felony against the people inside, justifying a lethal-force response. Then again, our laws, left-leaning as they are, are downright sensible compared to Kali’s.
On March 7, 2017 at 4:09 pm, Blake said:

California Penal Code 246.3 (negligent discharge of firearms) prohibits firing a gun in a grossly negligent manner, like a warning shot. As a felony conviction, it provides for up to 3 years in prison and a maximum of $10,000 fine. It is also a felony in New Hampshire, Tennessee, and several other states to fire a warning shot with similar penalties, if you are not justified.

10 seconds, Google.

I had to renew my CCW recently, here in CA. My instructor stressed that warning shots are illegal. Whether or not they will be prosecuted is another story.

By the way, you’re not serious about this subject. The “applicable law or code for each jurisdiction” is dead giveaway.

I have to be serious about the subject because I’m almost always armed.
On March 6, 2017 at 7:22 am, BigDave Deplorable âœ“á´°áµ‰áµ–Ë¡áµ’Ê³áµƒáµ‡Ë¡áµ‰ said:

There are states in this great union of ours that VILIFY and imprison law abiding gun owners that LEGALLY protect themselves. Legality has nothing to do with Libtard DA’s and Libtard judges. They trample on self defense laws and the Second Amendment like it is toilet paper.

The real moral of the story is NOT to live in such states like: Kali, OR, WA, NJ, NY, CT and MD. I think Illinois is pretty bad too. What others did I miss?
I live in FL which gives ALL rights to gun owners except open carry. That will come soon too.
On March 6, 2017 at 7:48 am, Frank Clarke said:

Florida doesn’t “give” us anything, and we’ll get open-carry only when we demand it on pain of permanent retirement from politics.
On March 6, 2017 at 11:56 am, BigDave Deplorable âœ“á´°áµ‰áµ–Ë¡áµ’Ê³áµƒáµ‡Ë¡áµ‰ said:

Point well taken!
On March 6, 2017 at 2:25 pm, Frank_in_Spokane said:

WA? Examples, please?
On March 7, 2017 at 2:03 am, BigDave Deplorable âœ“á´°áµ‰áµ–Ë¡áµ’Ê³áµƒáµ‡Ë¡áµ‰ said:

WA is the 7th most liberal state in the Union.
http://www.businessinsider.com/most-liberal-states-2013-2#7-washington-tie–283-percent-liberal-4
Seattle is #3 most liberal city in THE NATION!
Study Calls Seattle the Third Most Liberal Big City in the US
http://www.thestranger.com/slog/archives/2014/08/12/study-calls-seattle-the-third-most-liberal-big-city-in-the-us
Washington State Working Hard to Push Anti-Gun Legislation
https://bearingarms.com/beth-b/2016/09/16/washington-state-working-hard-to-push-anti-gun-legislation/
Alert: WA State Proposes Draconian Gun Ban Bills
https://www.nraila.org/articles/20170113/alert-wa-state-proposes-draconian-gun-ban-bills

I could go on and on and on. I wont. It makes me sick. Screw WA and all that disgusting weather and Libby Libtards.
A conservative in WA is in “The Belly of the Beast.
There is a lone blogger and You Tuber from WA state. She calls her self Blonde in the Belly of the Beast for good reason. She talks about WA Libtards ALL THE TIME. There is an infestation like a plague. The entire WEST COAST is affected by this mutated, highly contagious virus.

While Spokane is still considered Conservative, it is becoming more progressive and Liberal every year. It wont be long before it will be MOSTLY Libby like Seattle. it is a trend that the state as a WHOLE been taking for many years.
On March 6, 2017 at 8:17 pm, Josh said:

I’m of the opinion that sometimes warning shots are indeed the best course of action, but that it’s almost universally impossible to decipher whether or not that is the case and execute the warning shot safely and correctly while in the middle of an incident or altercation.
On March 7, 2017 at 1:39 pm, Fred said:

…and that only the person issuing the warning shot is capable of determining if this is a prudent self defense choice at that time and that place under those specific circumstances.

The rule of never firing a warning shot is a good one… until it isn’t. Never is very long time. The good news is the guy didn’t have to die, the bad news is that the criminal ‘justice’ system will not help at all. The root of the problem remains unresolved.

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One Warning Shot Is One Too Many

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